Shri Vile Parle Kelavani Mandal’s

Pravin Gandhi College of Law

8th Floor, Mithibai College Campus Vile Parle (W), Mumbai– 400056

MOOT COURT SOCIETY

MOOT EXAMINATION
COMPULSORY MOOT PROBLEM - 2, 2022

MOOT PROPOSITION

1. Neha Kapoor and Ranbir Bhatt met while studying at ABC Law School. They were in a
relationship while studying at the law school. Deep in love, they were often quoted as an ideal
couple. Soon after college, they married as per Hindu/Sikh rites on 07.12.18 in Bangalore and
both have their respective independent practices in Mumbai.

2. On 25.03.2020, at around 12:30 PM, the neighbours of Neha’s Mumbai’s mansion heard loud
shrieks and cries as “bachao bachao”. When they immediately rushed and barged into the
house, they noticed Neha had caught fire and was crying in pain. They also noticed that Ranbir
and his other family members were rushing down the stairs towards Neha. Noticing Neha in
that state, Ranbir immediately rushed to get the fire extinguisher from the storeroom. He was
quick to return and tried to extinguish the fire. In the meantime, Ranbir’s father (Dev) was
trying to control the fire using certain bedsheets, while all others were making all possible
efforts to extinguish the fire. Although, they could all control the fire, but Neha fell unconscious
and was rushed to the hospital by Ranbir and Dev.

3. After an hours’ treatment, Neha succumbed to the 95% burns and breathed her last. Neha’s
family members were informed of the situation by Ranbir. The body was sent for post-mortem.

4. Harish (Neha’s brother) immediately filed an F.I.R. alleging Ranbir and his parents of Neha’s
murder. It was inter alia alleged that soon after the marriage, Neha was mistreated on account
of non-fulfillment of dowry demands made by Ranbir Bhatt and his family members. That she
was inflicted with physical beatings and mental injury. It was also alleged that on 13.01.2020,
due to the mental torture and physical beatings Neha suffered miscarriage. In the FIR, it was
also alleged that 06.02.2020, Neha was thrown out of her matrimonial home.

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5. In the post-mortem report, the cause of death is recorded as excessive burning. The report also
states that there were bruises in the neck and elbow etc.

6. Based on the FIR, investigation commenced. Statements of the accused (i.e. Ranbir and his
parents), neighbours etc. were recorded. The night watchman testified that the couple
frequently fought at odd hours in the night. Accused inter alia stated that either Neha caught
fire accidentally while working in the kitchen or could have possibly killed herself. Ranbir
revealed that Neha was under medication due to depression and was consulting a doctor on
regular basis. The same was confirmed by the said doctor.

7. The investigating officer filed the charge sheet accusing Ranbir and his parents for having
caused the death of Neha. The trial court acquitted Smt. Megha Bhatt (Ranbir’s mother) on
the plea that there is no direct evidence. However, it convicted Dev and Ranbir for commission
of offence under S. 302, IPC and awarded imprisonment for 7 years with no fine. The High
Court acquitted Dev and Ranbir on the ground that the circumstances are not of conclusive
nature.

8. Aggrieved by the decision of the High Court, the State as well as Harish have preferred appeals
to the Supreme Court of India to reverse the acquittal by imposing maximum imprisonment
and exemplary costs. Supreme Court has admitted the Appeals and the matter is due to be
heard both on admissibility and merits.

ISSUES:

1. Whether the acquittal of Mr. Ranbir and Mr. Dev and the exclusion of Smt. Megha from
being penalized under S.302 justified in the light of the given circumstances?

2. Whether the State has failed to implead the accused persons under S.304B of the IPC?

NOTE:

i. All laws of Republic of India are pari materia to the present case.

ii. Participants will have the liberty to identify and raise additional issues apart from the
issues suggested above, keeping the facts in mind.

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GENERAL NOTE:

I. ODD ROLL NUMBERS WILL PLEAD AS RESPONDENT

II. EVEN ROLL NUMBERS WILL PLEASE AS APPELLANT

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