MOOT COURT

CHANDIGARH UNIVERSITY, UILS

Before

THE HON'BLE HIGH COURT OF PUNJAB AND HARYANA

CRIMINAL APPEAL NO. 1 OF 2024

IN THE MATTER OF

HARISH
............ ..........................................................................................
...APPELLANT

V.

STATE OF PUNJAB ..
…………………………………………………….....RESPONDENT

APPEAL U/SEC. 374(2) of CrPC

Memorial for the Appellant

TABLE OF CONTENTS
List of Abbreviations 03

Index of authorities 04

Statement of Jurisdiction 05

Statement of facts 06

Statement of charges 08

Issues raised 09

Summary of arguments 10

Arguments Advanced 11

Prayer 20

LIST OF ABBREVIATIONS
 ABBREVIATIONS EXPANSION
SEC. SECTION
IPC INDIAN PENAL CODE
HC HIGH COURT

INDEX OF AUTHORITES

TABLE OF CASES
STATUTES, RULES, REGULATIONS and CIRCULATIONS
INDIAN PENAL CODE,1860
CRIMINAL PROCEDURAL CODE,1973

BOOKS, JOURNALS AND REPORTS

WEBSITES REFFERED
INDIAN KANOON
MAUPATRA
SCC
 STATEMENT OF JURISDICTION

It is most humbly submitted that the petitioners have approached the hon’ble
HC of Punjab and Haryana under section 374 of CrPC.

Section 374 of CrPC

(1) Any person convicted on a trial held by a High Court in its extraordinary original criminal
jurisdiction may appeal to the Supreme Court.
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge
or on a trial held by any other court in which a sentence of imprisonment for more than seven
years has been passed against him or against any other person convicted at the same trial,
may appeal to the High Court.
(3) Save as otherwise provided in sub-section (2), any person,—
(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or
Magistrate of the first class, or of the second class, or
(b) sentenced under section 325, or
(c) in respect of whom an order has been made or a sentence has been passed under section
360 by any Magistrate,
may appeal to the Court of Session.

STATEMENTS OF FACTS

For the sake of brevity, the material facts are placed herewith in the chronological
order.
1. That Harish and Rahul (deceased) were twins. Rahul was good in studies and had got
good job in a corporate firm with a high pay packet. Harish on the other hand, had
completed his studies in 2010. A bachelor’s degree in arts, he got a job in a
construction company as an assistant supervisor at a salary of Rs 27,000 per month. It
is enough for him as he stayed with his mother and father. They were a happy family.

2. That Rahul’s behaviour was weird ever since his early years and used to scare
everyone at night, and threatened to kill Harish one day. harish had informed his
 parents about this but they never paid much attention, saying that children do often
fight between themselves and tend to imagine things.

3. That on one occasion Rahul woke up the entire house by screaming uncontrollably at
about 2.30 am. When his parents came to comfort him, he confessed that Harish had
tried to put a pillow on his face and suffocate him. The next morning when asked,
Rahul remembered nothing and denied that such a thing had never happened.

4. That the similar instances were repeated a few times, Rahul’s parents decided to take
him to a doctor. After consultations and diagnosis, the doctor felt that Rahul had Bi-
Polar disorder. They were advised to keep a strict vigil on him, especially during the
late hours of the day. He was also advised some mild medication.

5. That a few months earlier, Rahul started screaming during the night again. When
Their parents rushed to their room, they found both of them grappling on the floor.
Harish had tried to strangle me. With great effort our parents separated us. I had seen
a knife in his hand and he was about to stab me. The very next day Rahul also got a
huge present for me and posted on his social media that Harish was the best brother
anyone could ask for.

6. That As per Harish, condition of Rahul deteriorated and his medication was increased.
His altercations with Harish became more regular and physical and, on many
occasions, violent. Rahul blamed his mother for always protecting Harish and never
loving him.

7. That On 2nd March, 2019, at about 7.30 AM Mahender Kumar, the milkman came to deliver
milk at the Malhotra’s residence in Mohali, no one answered the bell. After trying for
about 3-4 mins, he pushed the main door and found it open. On reaching inside, he
was horrified to see the bodies of Rahul and his mother on the floor lying in a pool of
blood. Their throats were slit. The house was in a bit of a mess. He raised an alarm
and the neighbours rushed in who then called the police.

8. That ‘The Police reached the spot and found a gruesome crime scene. On searching
the house, they found no one. Soon Harish came back from the backyard and showed
surprise to see the police. On being questioned, he said that he had just woken up and
had gone to the backyard to get himself some fresh air as his head was heavy and
paining. During investigation he informed that his father was away on his job
assignment to Bengaluru for two weeks. The Police immediately informed him, and
he said that he would take the next flight in.

9. That Harish mentioned about the domestic help Ramesh who stays with them.
Ramesh was originally from Bihar and had joined their employment only a few weeks
ago. On being asked by the police about police verification, Harish said that it was
pending. Some of the household valuables were also found missing as per the
statement of Harish but later found in his cupboard. Also, a lot of medicines were
recovered from Harish’s bed side drawer. These also included stronger versions of the
same medicines prescribed to Rahul.

10. That After the Charge sheet the Court framed the Charge against Harish and Ramesh
under Sections 302 read with 34 of the Indian Penal Code. On his written consent,
 two NARCO tests were conducted on Harish. Both test results were diametrically
opposite to each other. The forensic psychologist believed the results were taken
from two people. On questioning by the police, father confirmed that Rahul was
taking treatment for his mental state, but also mentioned about the behaviour therapy
Harish was taking.

11. That Harish gave a detailed confession under Section 161 of the CrPC stating that he
Had not killed his brother and mother. It is the handiwork of Ramesh as he was aware
of the fights between me and my brother, and made use of that. In fact, he told me to
act against my brother many times.

12. That On searching the house and compound, the police recovered a blood-stained
knife hidden in a plastic bag from the garage. The phone belonging to Ramesh was
last used the previous evening on a number registered to Bihar, but was un reachable.
In Court Harish said that he remembered nothing from that night as he claimed that he
had taken some medicines and slept after watching television. He stated that this is the
act of Ramesh as wanted cash and killed my family.

13. That The police also caught Ramesh after ten days from Sirsa, Haryana and found
money from his bag which he claimed that he has saved. He stated that murder has
been committed by Harish to take revenge from the brother. As per him Harish is
always under the influence of drugs. He was so scared when the incident took place,
and thus ran away.

14. That After the trial the Hon’ble Court convicted Harish and Ramesh and punished
both with life imprisonment. Ramesh was also convicted for theft and both sentences
were to run concurrently. Harish challenged the order in appeal. Harish additionally
stated that since he was not mentally stable, so he is entitled to the benefit under
Section 84 of the IPC which was not given in his favour.

And so on

ISSUES RAISED

ISSUES RAISED

ISSUES NO. 1

Whether there was a criminal conspiracy between harish and

Ramesh or not?
ISSUES NO. 2

Whether conviction of Harish under section 302 and 120B is justified

or not?

ISSUES NO. 3

Whether harish can get community from immunity from criminal

liability under section 84 of IPC or not?

SUMMARY OF PLEADING

1. Whether there was a criminal conspiracy between harish

and Ramesh or not?
It is humbly submitted before the honourable HC of Punjab & Haryana that
 WRITTEN PLEADINGS

2. Whether conviction of Harish under section 302 and 120B is

justified or not?
With regard to this issue the appellant humbly averts before this hon’ble court that
appellant is not guilty of murder of his sister, brother and mother under section 302
and 120B of IPC
Section 300 of IPC gives the definition of murder and enumerate the ingredients of
the offence.
Section 300 of IPC contemplates that the person is guilty of murder if he intentionally
causes death of that person or causes such bodily injury, which in the ordinary course
of nature results into death or commits an act so dangerous that it must, in all
probability cause death of a person.
Section 120A of IPC defines criminal conspiracy as an agreement of two or more
persons to do or cause to be done

3. Whether harish can get community from immunity from

criminal liability under section 84 of IPC or not?
With regard to this issue the respondent humbly averts before this hon’ble court that
Harish is to be given benefit under section 84 of IPC because, section 84 of IPC says that ,
Nothing is an offence which is done by a person who, at the time of doing it, by reason of
unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what
is either wrong or contrary to law.”

During investigation harish father confessed that harish was taking a

behavioural therapy because of his mild bipolarism (cyclothymia).
 PRAYER

In the light of the arguments advance and authorities cited, the appellant
humbly submits that the honourable court may be pleased to adjudge and
declare this

1.
2.
3.
4.
5.
FOR THIS ACT OF KINDNESS , THE APPELANT SHALL DUTY BOND FOREVER PRAY.