National Institute of Law (SNIL)

5 Year Integrated B.A. LL.B (H), B.B.A LL.B (H)

Batch 2019-2024, Semester – VIII
MOOT COURT PROBLEM
SUBJECT: MOOT COURT, PAPER CODE: LM 429

Rahul was married to Sikha on 29.04.2002 and after the marriage Rahul and his

mother demanded a colour TV as dowry. On 19.5.2009 Rahul and his wife quarreled

in the morning which was witnessed by his wife’s sister Gitanjali who was staying

with them. At 2o’clock in the afternoon when Rahul came home, his wife sent

Gitanjali to bring back their child, who had gone out to play.

Gitanjali saw smoke coming out from the house while returning with the child and

found her sister lying burnt, and Rahul was standing nearby.

She called her grandfather, who stayed nearby and when her grandfather came to

the house of Rahul, Rahul’s wife allegedly made an oral dying declaration to have

been burnt by Rahul. From the evidence of Rahul’s sister in law it appears that on

the advice of the grandfather Rahul left the house to call the doctor and by then his

wife was conscious and talking. She died after Rahul left the house.

Post mortem examination reveals that there were superficial burns covering the

whole body of the deceased which was not fatal according to the doctor’s opinion.

The doctor also found fracture of the hyoid bone which was the cause of her death in

his opinion.

The session Judge convicted Rahul U/s 302 of IPC and sentenced him to death. He

however acquitted Rahul of the charges U/s 498-A and 304-B of IPC.
The convict prefers appeal and also files bail application along with the appeal

memo.

Argue the matter

Students with Odd Class Registration Number will argue for the
Appellant.

Students with Even Class Registration Number will argue for

the Respondent.

Chinmaya Kumar Mohapatra

Chief Coordinator of Examinations
SOA National Institute of Law
Faculty of Legal Studies
Siksha ‘O’ Anusandhan (Deemed to be University), Bhubaneswar