SOA National Institute of Law (SNIL)

5 Years Integrated Law B.A. LL.B (H)/B.B.A LL.B(H)

Batch 2018-2023, Semester – VI
MOOT COURT PROBLEM
SUBJECT: MOOT COURT, PAPER CODE: LM 328

Narahari Das, a line man serving with CESCO did not return home from duty on
11.01.2008. He had left his office at 10.30 PM on his cycle accompanied by his colleague,
Anand, who got down in a neighboring hamlet at a friend’s house to stay there. The next
day, a missing report was lodged at the local police station by his son without suspecting
any one.

Four days after Narahari went missing, his bi-cycle with a bent rear wheel, muffler, torch
and uniform were found lying on the river bank on the outskirt of the village by a
cowherd boy. Extensive search of the nearby places and the forest revealed that the
putrefied dead body of Narahari is lying nude inside a crevice in the forest with some
torn strips of nylon material found nearby.

During investigation, the police got to know that on the New Year day, Narahari and
Ramesh, a co-villager had a quarrel with each other for some reason on the village road,
where Ramesh had threatened Narahari with dire consequences, which the other villagers
witnessed. Another story that has also come to the knowledge of the police is that
Narahari had developed a kind of extra marital affair with a widow staying in the
neighbouring village, who happens to be the cousin of Anand, Narahari’s colleague.

Ramesh, who owned a Bolero, which he used as a taxi, had left the village in the morning
of 10.01.2008 and had returned one day after Narahari went missing. Before reaching
home he had thoroughly cleaned his Bolero, which was quite unusual as he returned
home in the late night. The rear sit cover was missing and to a query of one of the
neighbors he told that he has thrown out the rear seat-cover as the same was soiled by
one of the passengers.
Postmortem report revealed that the body of Narahari was not in good condition to
examine, however the cause of death was inconclusive. An Unnatural Death case was
registered and enquiry was started. During the course of investigation, it came to light
from the statement of one of the colleagues of Narahari, that Ramesh had overtaken
them in his Bolero in the night of 11.01.2008. Ramesh during interrogation broke down
at the police station and confessed to have murdered Narahari by smothering him with
his seat cover after making him unconscious on the river bank.

The confession was made in presence of a Gramarakhi and the Sarapancha, who were
present in the Police station. He stated that the body was thrown out and the rear seat
cover which was used in smothering was burnt. But no clue to that effect was recovered
as the torn strips of the nylon material found near the body did not match exactly with
the seat cover of the Bolero owned by Ramesh although it appeared to be similar.

In the trial, the Learned Session Judge convicted Ramesh of charges u/s 342,302 and 201
of IPC and sentenced him to undergo Life imprisonment for commission of offence u/s
302, but no separate punishment was passed for offences under any other charges.
Ramesh has filed Criminal Appeal before the Hon’ble High Court.

Students with Odd Registration numbers will appear for Appellant and those with Even
Registration numbers will appear for Respondents.

Mr. Chinmaya Kumar Mohapatra

Chief Co-Ordinator Examination
Faculty of Legal Studies