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Petitioner Memorial Edit
Petitioner Memorial Edit
TEAM CODE:
BEFORE
IN THE MATTER OF
. STATE OF (PETITIONER)
V.
1 | Page
NOVICE MOOT COURT COMPETITION
TABLE OF CONTENTS
List of
abbreviations .......................................................................................
Cases Referred:...................................................................................4
Books Referred:..................................................................................4
Statutes Referred:...............................................................................4
Statement of jurisdiction...................................................................5
Statement of facts..............................................................................6
Parties..................................................................................................6
Dispute.................................................................................................6
Proceedings.........................................................................................7
Issues Raised......................................................................................8
Summary of arguments.....................................................................9
Arguments advanced.......................................................................10
Prayer...............................................................................................14
LIST OF ABBREVIATIONS
ABBREVIATION FULL FORM
¶ Paragraph
Ltd. Limited
Ors. Others
SC Supreme Court
HC High Court
Co. Company
Hon’ble Honourable
V. Versus
& And
Art. Article
Ed. Edition
Vol. Volume
Rs. Rupees
Corp. Corporation
Sec. Section
INDEX OF AUTHORITIES
Cases Referred:
Books Referred:
Statutes Referred:
STATEMENT OF JURISDICTION
The respondent has the honour to submit before the Hon’ble High
court of Bombay, which has the inherent jurisdiction to try, entertain
and dispose of the present case by the virtue of the Bombay High
Court Rules(Original Side),1980 along with Order VII Rule 6A 1 of
the Code of
1
STATEMENT OF FACTS
1. TRISHA –
2. ANSHUMAN
3. MOTIAL
Dispute
1. Trisha was able to make friends very easily since she enjoyed
spending time with people. This often led to differences between
Anshuman and Trisha. Anshuman wanted Trisha to attend to
their baby boy and often felt that she is not giving time to her
family. Anshuman often discussed about Trisha with Motilal
also.
2. On several occasions, Anshuman even accused Trisha of having
an extra marital affair with Ramesh to which Trisha always
denied
3. One night Trisha went to the kitchen to get milk for their baby
boy leaving her phone behind. The phone rang and Anshuman
answered the call which was Ramesh's. Ramesh without waiting
for Anshuman to say “Hello" said “Let's meet tonight once your
husband has slept” Upon hearing this. Anshuman started
shouting at Ramesh and told him to stay away from his wife.
4. Anguished, Anshuman went to the kitchen where Trisha was
making milk
for their child. In a fit of frenzy, Anshuman threw boiling milk
on Trisha's
face leading to burns. Therealter he started beating her
mercilessly.
5. Trisha started shouting "Save me! Save me!'. That very moment
their child
came running towards his mother, Trisha and Trisha carried
him in her arms. Not having any control over his body,
Anshuman pushed Trisha due to which the child fell from her
arms and his head was hit with the sharp corner of the kitchen
slab. The child started bleeding profusely.
6. By this time, Motilal who was sleeping in the servant room also
came to
the kitchen. He found the child lying unconscious on the floor in
a pool of
blood. He immediately carried the child in his arms but the child
was not
breathing. He thought the child died because of Trisha's
carelessness and
Anshuman is beating Trisha because she is responsible for
causing the death of the child.
7. Anshuman was already beating Trisha. Trisha then attempted to
run out of
the kitchen towards the main gate. Motilal reached at the main
gate before
Trisha, and bolted the gate with a lock. Anshuman followed her
with a
sharp edged knife (which he found in one of the drawers of the
kitchen
while searching for an instrument to kill his wife). Thereafter,
Anshuman
stabbed Trisha on her chest. Trisha fell on the floor unconscious
Proceedings
1. Decide with reference to the decided cases and relevant
provisions of the
Indian Penal Code, 1860.
ISSUES RAISED
1. WHETHER MRS MANJU AND THE UNION OF INDIA
LIABLE TO DAMAGES.
2. WHETHER ANSHUMAN HAD IS LIABLE TO CRIMINAL
INTENT
SUMMARY OF FACTS