Dear Sir,
Currently I am pursuing for 3 year LLB course from Mumbai universityr. I am going to participate for the 1st time in a moot court competition held in our college. plz guide me for the preparation arguments. Thnx a lot..!
Below is the case assigned to me:
The medical examiner viewed the body of Naresh and con-clued that he died from a shotgun wound to the dead. Naresh had jumped from a ten storey building intending to commit suicide, He left a note to the effect indicating his despondency.
As he fell the ninth floor his life was interrupted by a shotgun blast passing through a window which killed him instantly.
Neither the shooter nor the deceased was aware that a safety net had been installed just below the 8th floor to protect the building workers and that naresh would not have complete his suicide the way he had planned.
Ordinarily a person who sets out to commit suicide the ultimately succeed even though the mechanism might not be what he had intended is still defined as committing suicide.
The naresh was suit on the way to certain death but probably would not have been successful because of the safety not caused the medical examiner to fell that he a homicide on his hands.
In the room of the 9th floor where the shotgun blast was emanated was occupied by the elderly man and his wife. They were arguing vigorously and he was threatening her with a shotgun.
The man was so upset that when he pulled out the trigger he completely missed his wife and pallets went through the window striking Naresh.
When one intends to kill subject A but kills subject B in the attempt one is guilty of the murder of subject B.
When confronted with the murder charge the old man and his wife were both adamant and both said that they thought the shotgun was unloaded.
The old man said it was a long standing habit to threaten his wife with the unloaded shotgun. He had no intention to murder her. So the killing of Naresh was appears to be an accident that is if the gun had been accidentally loaded.
In transpired that the old lady cut off her sons financial support and son knowing the propensity of his father would shoot his mother. Since the loader of the gun was aware of this he was guilty of murder even though he did not actually pull the trigger. The case now becomes one the one of the murder on the part of the son for the death of the Naresh now comes twist further investigation reveled that the son was in fact Naresh. He had become increasingly despondent over the failure of his attempt to enginner his mother’s murder. This led him to jump from the 10 store building only to be killed by a shotgun through the 9 storey building. The case was registered under section 302 IPC. Now argue the case with the respect to the Petitioner and the defendant.
