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Zubair Hamid (Lawyer)     13 May 2012

Moot problem

Hello Everybody!! I M LLB 3rd sem student..i have to prepare for my first moot court presentation..so i need ur help..The problem is as follows On 2nd January,2005,the SKIMS Hospital Srinagar declared Abdul Ahad as brought dead.On that morning the village committee(name of village SAGARAMA0 had started raiding the houses in order to capture the heating appliances which caused overloading & hence disruption of light in the whole village. During the raid the village committe mostly collected the heaters used for cooking purposes. On reaching house of Jamal ud Din, the accused Kabir Khan intervened & told the village committee that Jamal ud Din being a poor man, he should be allowed to use heaters for cooking purposes on humanitarian grounds. On this, the deceased namely,abdul Ahad who was also the president of village committee replied that the decision of village committee applies on all & none shall be allowed to use such heating appliance. The accused & deceased exchanged words which escaped in hot talk. The deceased blamed the accused that you are covering the Jamal ud Din as you have intention to grasp his two marlas  of land adjacent to your house. The accused suddenly caught the neck of deceased & hit his head thrice with an earthen pot ( called KANGRI) . the Accused ran away & deceased chased him. the accused soon realised that he can't escape ,he stopped after running away 200 meters. The deceased on reaching caught hold of his neck but before he could have done anything, he felt down on ground. Immediately he was reffered to Hospital where he was declared bought dead.

  The accused was later arrested by Police 7 presented before trail court. the trail court framed the following Issues:

a) Whether (person) accused has commited the offence of murder?

b) Whether the accused was provoked by the words of deceased?

c) Whether the accused had committed the grevious hurt which culminised in the death of deceased.

 

I M from the Prosecution Side,,,So i Need help..Please Oblige..Thank You



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