MOOT PROBLEM -2

CRIMINAL
STATE OF YZ
VS.
RANJAN
SMV College of Engineering is a very reputed college in AB District of State of YZ. In December,
2020 College conducted the Annual College Festival, wherein various teams from different colleges
participated in different activities as mentioned in the Information Brochure published by the College.
Team C headed by Sukesh was leading ahead by winning at different levels of each competition.
Teams D headed by Ranjan got jealous and started alleging that they are using unfair means for
winning the Competition. Both the teams had a verbal clash with each other. In Finale, Team C was
declared winner.
After the valedictory function, on 9th October 2020, at about 7:00 PM at the college auditorium,
Sukesh invited Ranjan to his Success dinner party. Ranjan flatly refused the invitation by saying that
he will never attend a party hosted by a fraudulent person. Sukesh insisted by explaining him, that it
was a sheer misunderstanding and baseless allegations, “Let’s forget about it and be friends” but
Ranjan again said “No! I do not wish to attend your party as I know how you have won the
competition by deceitful means. I will not go to the party of Cheaters.” At this Sukesh got annoyed
and felt insulted in the public. He told Ranjan, “You Know that I can adopt any means for what I
want”. Ranjan said, “Hell with you! and left the auditorium and went away with his friend Ajay.
At about 7:30 PM, Ajay drove out in his car from the parking area with Ranjan seated beside him.
When their car was passing through the main gate of the college, Sukesh and his friend Naresh were
standing waiting for them. Now Sukesh was having a pistol in his hand. Sukesh signaled Ajay to stop
the vehicle but Ranjan told him not to stop there. Then, Sukesh fired in the air. Ranjan asked Ajay to
drive fast. Sukesh and Naresh chased the car on their bike with Naresh driving and Sukesh riding the
pillion. Sukesh fired indiscriminately while chasing the car. One bullet his Ajay in his right upper
arm. Ranjan asked Ajay to stop the vehicle and got down from the car. Naresh stopped the bike where
Ranjan was standing. Sukesh got off the bike tried to shoot at Ranjan. But he could not as there was
no cartridge in the pistol.
Then Ranjan took out an iron rod out of the car and aimed a hit at Sukesh. But Sukesh bent down and
rod fell on the head of Naresh who was sitting on his bike just next to Sukesh. Naresh started bleeding
profusely and fell unconscious. Both Ranjan and Ajay left the scene immediately. Sukesh took Naresh
to hospital. Naresh died after 12 hours in hospital.
A case was registered against Ranjan under section 302 read with Section 301 of the Indian Penal
Code, 1860. Post mortem report disclosed the cause of death was head injury which was ante mortem
in nature. Investigating officer recovered the iron rod used by Ranjan where crime took place, upon
information given by Ranjan, while in police custody. Ranjan pleaded right to private defense, grave
and sudden provocation and accident.
Draft the Bail application filed by the Accused before the Trial Court.