TAA CASE ANALYSIS

STUDENT’S NAME: SHUBHAM SHIVANSH

ROLL NO: 2017BALLB098

BRIEF FACTS:

On 10th August, 2021, Shubham(Accused) came to the Dhaba and meanwhile, Jitu(Deceased)
also came there. The deceased hurled abuses at accused when he told him to pay the rent (he had
not paid the rent for last 6 months) or vacate the house to which he said “I will have physical
relationship with Fatema” (Accused’s wife) and thereafter, he gave a slap to him. This tussle
turned into a fight and he took out a knife and tried to stab me but in attempt to save his life,
accused snatched the knife from him and gave a blow to him. He was rushed to the hospital but
he died.

Manju(Wife of deceased) gave the information about the incident to the police station over
mobile phone. Police reached the spot and the entire incident was narrated by Manju to the
police. Case was registered and the body was sent for the post mortem. Police arrested the
accused and he made the disclosure statement u/s 27 of the Evidence Act, 1872. The
investigation is going on and the chargesheet has not been filed yet.

POSSIBLE CASE THEORIES:

1. Deceased hurled abuses at Accused when he told Jitu to pay the rent or vacate the house to
which deceased said ‘I will have physical relationship with Fatema’ and thereafter, accused gave
a slap to the deceased. This tussle turned into a fight and deceased took out a knife and tried to
stab the accused but in an attempt to save his life the accused snatched the knife from him and
gave a blow to him.

2. The accused came to the Dhaba and in meanwhile, deceased also came there and was asked to
vacate the rented premises by the accused and when he refused to do so, accused slapped him
down to the ground. When deceased was trying to get up, accused stabbed him.

3. The accused stabbed the deceased under sudden and grave provocation when he used
derogatory language for his wife.
WHICH AMONG THEM IS THE MOST PERSUASIVE STORY IN YOUR OPINION?
GIVE REASONS:

In my opinion, the first story is the most persuasive because there is no mens rea on the part of
accused to commit the crime. Further, it can be easily established by the testimony of the
witnesses that the deceases himself had brought the knife and attacked the accused. The accused
merely exercised his right of self defence and inflicted a minimal blow.

GOOD FACTS:

1. The deceased hurled abuses at the accused.

2. The deceased had not paid rent since last few months.

3. The deceased said ‘I will have physical relationship with Fatema’.

4. The deceased took out a knife and tried to stab the accused.

BAD FACTS:

1. The accused slapped him down to the ground.

2. The accused stabbed the deceased.

WHAT ARE YOU GOING TO SAY TO COUNTER YOUR BAD FACTS?

1. The accused slapped the deceased only when he said that he will have a physical relationship
with the wife of accused. Any reasonable person is expected to act in the same way as the
accused did.

2. Further, the accused stabbed the deceased in self- defence to save his life when the deceased
tried to stab him with a knife he had brought with him. The accused had no intention of stabbing
the deceased beforehand which is evident from the fact that he was not carrying anything with
him.
 CASE ANALYSIS CHART

Legal Claim Elements of Claim Facts to support Source of Informal Formal Opponent’s
Claim Proof Discovery Discov Defences
ery (Theory, Proof,
Discovery)

1.Section 96 1. The 1. Deceased was 1.Witnesses 1. Rent 1. Post 1. The

read with apprehension of the unlawful who were agreement mortem opponent may
Section 100 death or grievous aggressor, who sitting at between report deny the fact
hurt is real. took out the dhaba. accused and that deceased
2. More harm than knife and 2. Rent deceased. brought the
necessary must not attacked payment 2. knife with
be caused. Accused and receipts Testimony himself.
3.Retaliation must thus created real of
be necessary. apprehension of witnesses.
4. There was no causing death or
sufficient time for grievous hurt to
recourse to the Accused.
public authorities. 2. Accused was
not prepared for
the attack and
the incident took
place in spur of
the moment
which did not
give requisite
time to Accused
 to think or
calculate the
amount of
defence or the
kind of force
necessary to
repel the danger.
Further,
Accused
inflicted a single
blow which is
justified &
commensurate
to the attack of
Deceased .

2. 1. Must be proved 1.Deceased 1. 1. 1. The

Exception I that the accused by started abusing Witnesses Testimony opponent may
Of Section words caused Accused and sitting at the of say that the
300, IPC provocation 2. made a sexual dhaba. witnesses. comment was
Provocation should comment not of
be against his wife. provocative
such as to cause a nature and
reasonable man to would not have
lose his power of made a
self control 3. reasonable
Provocation should man lose self
have actually control.
caused in the
accused, a sudden
and temporary loss
of self control.