MOOT PROBLEM (11-20)

Sahil had a shop providing computer related services at dargah. He

had advanced loan of RS 1 lakh to Shamim Ahmad who lived in Lal
Bazar. Shamim Ahmad was habituated to drinking and gambling.
Though Sahil made several demands yet Shamim Ahmad kept on
delaying the payment. However, Shamim Ahmad never refused to
pay. Sahil was also friendly with Shamim Ahmad’s daughter. This
used to inarticulate Shamim Ahmad and on several occasions he
had reprimanded his daughter for the same. On 1 st of March, 2022
Shamim Ahmad asked Sahil to come to his home at 8.00 pm in the
evening to collect the money and around 8.30 pm when the family
was about to retire to bed, Shamim Ahmad heard some whispering
from the backyard, he saw his daughter Neelu talking to Sahil. He
called out his son Asif and his brother Shahid also came out,
together all three started beating Sahil. Asif went inside the house
and got a hockey stick and started beating Sahil mercilessly with a
hockey stick. Sahil suffered from the fractured ribs, injuries on the
head and several other injuries on the body which resulted in a lot
of blood loss. He was taken to the hospital by the neighbors and
after 3 days he succumbed to his injuries. None of the injuries were
sufficient by themselves to cause death, however, cumulatively they
resulted in death of Sahil. FIR is lodged against Shamim Ahmad, his
son Asif and his brother Shahid U/S 302 read with Sec 34 of IPC.
Shamim Ahmad, his son and brother plead grave and sudden
provocation as a defense.