JEMTEC MOOT COURT COMPETITION, 2022

TABLE OF CONTENTS

S.NO CONTENTS PAGE

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1. List of Abbreviation II

2. Index of Authority III

3. Statement of Jurisdiction VI

4. Statement of Facts VII

5. Issues Raised IX

6. Summary of Arguments X

7. Arguments Advanced XI

8. Prayer for Relief XIX

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MEMORIAL on the behalf ofAPPELLANT INDEX OF AUTHORITY
 JEMTEC MOOT COURT COMPETITION, 2022

INDEX OF ABBREVIATION

ABBREVIATIONS EXPANSIONS

& And

IPC Indian Penal Code

Cr.P.C., 1973 The Code of Criminal Procedure, 1973

INDEX OF AUTHORITIES

Indian Penal Code

Code of Criminal Procedure
Forensic Psychology
Medical Records
Expert Testimony
Previous Judgments on Similar Cases
Legal Precedents Regarding Mental Health Defenses
Statements of Witnesses
Evidence Collected by Police
NARCO Test Results
CASE LAWS

WEBSITES

Websites link

www.scconline.in
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MEMORIAL on the behalf ofAPPELLANT INDEX OF AUTHORITY
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www.manupatra.com
www.indiankanoon.org
www.legalservices.com
www.thelawdictionary.com

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MEMORIAL on the behalf ofAPPELLANT INDEX OF AUTHORITY
 JEMTEC MOOT COURT COMPETITION, 2022

STATEMENT OF JURISDICTION

THE HON'BLE HIGH COURT OF PUNJAB AND HARYANA HAS JURISDICTION

OVER THE PRESENT APPEAL AS IT INVOLVES A CRIMINAL CASE TRIED
UNDER THE INDIAN PENAL CODE AND CODE OF CRIMINAL PROCEDURE
WITHIN THE TERRITORIAL JURISDICTION OF CHANDIGARH.

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MEMORIAL on the behalf ofAPPELLANT STATEMENT OF JURISDICTION
 JEMTEC MOOT COURT COMPETITION, 2022

STATEMENT OF FACTS

On 15th June 2021, Pankaj, the milkman, discovered the bodies of Vishal and Mrs. Anita at
Arora Niwas in Chandigarh. They were found with their throats slit in a pool of blood.

Kunal, the son of Mrs. Anita and brother of Vishal, claimed to have just woken up and found
the police at the scene. He stated his father was away on a business trip.

Kunal and Vishal were twins with contrasting career paths. Vishal was successful in his job
while Kunal worked as an assistant supervisor in a construction company.

Kunal confessed to Vishal's weird behavior, including threats and attempts to harm him, which
were dismissed by their parents.

Vishal was diagnosed with Bipolar Disorder, and his condition worsened over time, leading to
physical altercations between the brothers.

Kunal mentioned the recent employment of Bunty, a domestic help, whose police verification
was pending. Household valuables were initially missing but later found in Kunal's possession.

Kunal denied involvement in the murders, attributing them to Bunty who he claimed took
advantage of the strained relationship between the brothers.

Police recovered a blood-stained knife from the garage and Bunty was later apprehended with
money from his bag.

Both Kunal and Bunty were convicted under Sections 302 read with 34 of the IPC and
sentenced to life imprisonment. Kunal challenged the decision, citing mental instability.

This statement of facts provides a comprehensive overview of the events leading up to the
conviction and the grounds for the present appeal before the Hon'ble High Court of Punjab and
Haryana.

ISSUES RAISED

. Whether The Present Appeal is Maintainable or not?

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MEMORIAL on the behalf of APPELLANT ISSUE RAISED
 JEMTEC MOOT COURT COMPETITION, 2022

In order to determine the maintainability of the appeal, the court must examine whether Kunal
has standing to appeal the decision. Generally, a convicted person has the right to appeal
against their conviction and sentence. Therefore, unless there are specific legal grounds barring
Kunal from appealing, the present appeal should be considered maintainable.

ii. Whether The Present case falls under an Exception of IPC or not?

Section 84 of the Indian Penal Code provides an exception to criminal liability when the
accused can prove that at the time of committing the act, they were suffering from a mental
illness that affected their capacity to understand the nature and consequences of their actions.
Kunal claims that he was not mentally stable at the time of the incident and thus should be
entitled to the benefit under this provision.

To assess this issue, the court should examine the evidence regarding Kunal's mental state at
the time of the crime. This includes medical records, expert testimony, and any other relevant
evidence. If it is established that Kunal was indeed suffering from a mental illness that
impaired his capacity to understand the nature of his actions, the court may apply the exception
under Section 84, leading to a possible reduction or elimination of his criminal liability.

iii. Whether The District Court Had Wrongfully Tried the Case in appreciating the evidence
and was it Ultra-Vires for them to Charge them u/s 302 r/w 34 of the IPC,1860?

This issue involves an assessment of whether the District Court erred in its interpretation and
application of the law and evidence. The court should review the trial proceedings, including
the evidence presented, the legal arguments made, and the reasoning behind the District Court's
decision to charge Kunal and Bunty under Section 302 read with Section 34 of the IPC.

If the High Court finds that the District Court misapplied the law or overlooked crucial
evidence, it may determine that the trial was flawed. However, the decision to charge the
accused under specific sections of the IPC ultimately depends on the evidence presented during
the trial and whether it supports a finding of guilt beyond a reasonable doubt.

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MEMORIAL on the behalf of APPELLANT ISSUE RAISED
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In addition to these issues, the parties may raise any other relevant legal arguments or sub-
issues during the appeal proceedings. The court will carefully consider all arguments and
evidence presented before reaching a decision.

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MEMORIAL on the behalf of APPELLANT ISSUE RAISED
 JEMTEC MOOT COURT COMPETITION, 2022

SUMMARY OF ARGUMENTS

i. Whether The Present Appeal is Maintainable or not?

Argument: The appeal filed by Kunal is maintainable as it is his statutory right to appeal
against the judgment of the lower court. Kunal has the right to challenge the decision of the
trial court on various grounds, including errors in law or facts that may have affected the
outcome of the case. Therefore, the High Court should hear and adjudicate upon the appeal
on its merits.
___________________________________________________________________________
ii. Whether The Present case falls under an Exception of IPC or not?

Argument: Kunal contends that he was not mentally stable at the time of the incident and,
therefore, should be entitled to the benefit under Section 84 of the IPC. The evidence
presented during the trial establishes that Vishal suffered from bipolar disorder and had a
history of violent behavior. Kunal's actions, if any, may have been a result of the volatile
situation at home rather than premeditated criminal intent.
___________________________________________________________________________

iii. Whether The District Court Had Wrongfully Tried the Case in appreciating the evidence
and was it Ultra-Vires for them to Charge them u/s 302 r/w 34 of the IPC,1860?

Argument: The District Court erred in charging Kunal and Bunty under Sections 302 read
with 34 of the IPC. The evidence presented during the trial, including Kunal's confession
under Section 161 of the CrPC, points to the involvement of Bunty in the crime. Charging
Kunal under Section 302 implies his direct participation in the murders, which is not
supported by the evidence on record.

ARGUMENTS ADVANCED

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MEMORIAL on the behalf ofAPPELLANT ARGUMENTS ADVANCED
 JEMTEC MOOT COURT COMPETITION, 2022

___________________________________________________________________________
i. Whether The Present Appeal is Maintainable or not?
___________________________________________________________________________
Denying Kunal the right to appeal would be a violation of his fundamental right to fair trial
and due process. Every individual has the right to seek redressal against a judgment they
perceive as unjust or erroneous. Hence, the appeal should be deemed maintainable, and the
High Court should proceed to hear it on its merits.
ii. Whether The Present case falls under an Exception of IPC or not?

The defense will provide expert testimony and medical records to demonstrate
Kunal's mental state at the time of the crime. Furthermore, Kunal's voluntary
submission to Narco tests indicates his willingness to cooperate with the
investigation, suggesting his innocence or lack of full awareness of his actions.
Therefore, the court should consider the applicability of Section 84 and assess
Kunal's mental condition in determining his culpability.

iii. Whether The District Court Had Wrongfully Tried the Case in appreciating the
evidence and was it Ultra-Vires for them to Charge them u/s 302 r/w 34 of the
IPC,1860?

The defense will highlight inconsistencies in the prosecution's case and

emphasize the lack of conclusive evidence linking Kunal to the murders.
Moreover, the recovery of the blood-stained knife from the garage and Bunty's
suspicious behavior indicate his potential involvement in the crime. Therefore,
the District Court's decision to charge Kunal under Section 302 was premature
and not supported by the evidence.

These arguments and advance arguments will form the basis of the defense's
case in the appeal proceedings before the Hon'ble High Court of Punjab and
Haryana.

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MEMORIAL on the behalf ofAPPELLANT ARGUMENTS ADVANCED
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MEMORIAL on the behalf ofAPPELLANT ARGUMENTS ADVANCED
 JEMTEC MOOT COURT COMPETITION, 2022

PRAYER FOR RELIEF

In a moot court case like this, where the Hon’ble High Court of Punjab and Haryana
is to decide on various issues, the prayer for relief would typically include the
following:

1. Setting Aside the Conviction and Sentence: Kunal, the appellant, would
seek the High Court to set aside the conviction and sentence imposed by the
District Court under Sections 302 read with 34 of the Indian Penal Code.
2. Declaration of Mental Unfitness: Kunal, invoking Section 84 of the IPC,
would request the court to declare him mentally unfit at the time of the
alleged crime, seeking an exception or mitigation of his liability.
3. Bunty’s Involvement: Kunal would argue for a thorough examination of
Bunty’s role in the crime, emphasizing his own lack of motive and pointing to
Bunty's alleged manipulation and involvement in the murders.
4. Reevaluation of NARCO Test Results: Given the contradictory NARCO test
results, Kunal would request the court to reevaluate the admissibility and
reliability of the NARCO test evidence, emphasizing the forensic psychologist's
opinion that the results might belong to two different individuals.
5. Questioning the Trial Process: Kunal may challenge the trial process, arguing
that the District Court wrongfully tried the case, asserting that there were
errors in appreciating the evidence, and that the charges under Sections 302
read with 34 were ultra vires.
6. Consideration of Mental Health Issues: Kunal would request the High Court
to consider his mental health issues seriously, urging that his mental state be a
crucial factor in determining his culpability and seeking any relevant relief
available under the law.
7. Review of Theft Conviction for Bunty: Kunal might argue for a review of
Bunty's theft conviction, questioning the evidence and circumstances
surrounding it.
8. Examination of Domestic Help Bunty’s Role: Kunal may request a thorough
examination of Bunty's role, emphasizing any inconsistencies in Bunty's
statements and highlighting potential motives for his involvement.
9. General Prayer for Justice: The appellant would generally pray for justice,
fairness, and a thorough examination of all relevant facts and circumstances
leading to a just and equitable resolution of the case.

These points would be tailored based on the legal arguments presented during the
appeal proceedings.

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MEMORIAL forRESPONDENT ARGUMENTS ADVANCED
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COUNSELS FOR APPELLANT

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MEMORIAL forRESPONDENT ARGUMENTS ADVANCED
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MEMORIAL on the behalf ofRESPONDENT PRAYER FOR RELIEF