Res Memo

TC- 20
CHECKMATE NATIONAL MOOT COURT
COMPETITION, 2022
BEFORE
THE HON’BLE HIGH COURT OF PUNJAB &
HARYANA
IN CRIMINAL APPEAL NO.__ /22__
HARRY……………………………………………………………………...APPELLANT
VERSUS
STATE OF PUNJAB ……………………………………………………...RESPONDENT
MEMORIAL SUBMITTED TO THE REGISTRY OF
THE HON’BLE HIGH COURT OF PUNJAB & HARYANA
MEMORANDUM ON BEHALF OF THE RESPONDENT

CHECKMATE NATINAL MOOT COURT COMPETITION, 2022
TABLE OF CONTENTS
1 LIST OF ABBREVIATIONS 3
2 INDEX OF AUTHORITIES 4
3 STATEMENT OF JURISDICTION 5
4 STATEMENT OF FACTS 6-7
5 ISSUES RAISED 8
6 SUMMARY OF ARGUMENTS 9
7 ARGUMENT ADVANCED 10-13
8 PRAYER 14
2
LIST OF ABBREVIATIONS
1. AIR All India Reporter
2. Art. Article
3. Consti Constitution
4. CPC Civil Procedure Code, 1908
5. Hon’ble Honorable
6. IPC Indian Penal Code,1860
7. OdHC Odisha High Court
8. BHC Bombay High Court
9. DHC Delhi High Court
11. SC Supreme Court
12. SCC Supreme Court Cases
13. HC High Court
14. Sec. Section
3
INDEX OF AUTHORITIES
CASES:
SUPREME COURT & HIGH COURT CASES:
1. SUBRAMANIAM ALLIAS V. UNKNOWN, (1964) 1 MLJ 156
2. DAHAYABHAI CHANGAN BHAI THAKRE V STATE OF GUJARAT, 1964 AIR 1563
3. GAJRAJ SINGH V. STATE OF RAJASTHAN, APL (crl.) 1313 of 2006
4. SURENDRA MISHRA V. STATE OF JHARKHAND, APL NO.177 OF 2006
5. HARI SINGH V. STATE OF M.P., CRL APPL NO. 321 OF 2007
6. STATE OF UP V. BABU RAM, APL (crl.) 279-281 of 1995
CONSTITUTION:
 CONSTITUTION OF INDIA.
STATUTES:
 CODE OF CRIMINAL PROCEDURE, 1973.
 INDIAN EVIDENCE ACT, 1872.
 INDIAN PENAL CODE, 1860.
BOOKS:
 RATAN LAL & DHIRAJ LAL, THE INDIAN PENAL CODE,1860 (LexisNexis 36th
ed.2019)
4
STATEMENT OF JURISDICTION
The Respondent in responding to the appeal no.________/2022 u/s 378 of CrPC, 1973
5
STATEMENT OF FACTS
DELIVERY OF MILK BY RAVI

On 2nd October at 7:30 am, Ravi Kumar (milkman) delivers milk in Rastogi residence in Mohali. After
trying 3-4 time he pushed the main door. He found bodies of John and his mother lying with blood. He
immediately called neighbors and police. Soon harry come back from backyard. On being questioned
he replied “he had just woken up and gone to backyard to get some fresh air as his head was heavily
Paining”. Police further informed Harry’s father, after harry told to police about his father.
HARRY AND JOHN

Harry and john were twins. John was good in studies, got job in corporate firm. Also, he earns a good
package. While harry has completed his studies in 2012 by doing bachelor’s degree in arts. He earns
27000 per month.
DISPUTE BTWEEN HARRY AND JOHN

Harry told about john’s behavior to police, was weird ever since years. John scares him at night and
threatened to kill him, harry informed this to his parents, but they never paid attention. On an occasion
john woke up screamed uncontrollably at 2:30 am. Parents comfort him, he confessed harry tried to
put a pillow on his face and suffocate him. On next morning when it was asked john replied that he
remembered nothing and denied for happened last night. Such incident was repeated many times.
John’s parent decides to take him to doctor. After consultation and diagnoses, doctor advises to keep
vigil on him, especially during late hour of day and some mild medication. Few months later- john
stated screaming at night again. Parents rushed to our room. We both were grappling on floor. Harry
was trying to strangle me. When we were separated, Harry saw a knife in his hands and was about to
stab me. On next day john bought huge gift also posted on his social media that Harry was the best
brother anyone could ask for. As per Harry’s condition of John deteriorated and his medication was
increased, he become more regular, physical and violent with harry. John blamed his mother for
always protecting harry and never loved him.
DOMESTIC HELPER
Ramu stays with them. He was from Bihar and joined the work few weeks ago. When Police asked for
verification, it was pending harry replied. Some of the valuables were missing as per harry but later it
was found in cupboard. Police found stronger version of same medicines prescribed to john.
6
CHARGESHEET FRAMED BY COURT

The charge sheet was framed against harry and Ramu under sec 302 read with 34 of IPC. On his
written consent NARCO test was conducted. Both the result was opposite. On questioning by police
father told, john was also under treatment for his mental state- behavior therapy. Sec 161 of Crpc he
said that he didn’t killed his mother and brother. Ramu did this, he was aware about the fights between
us. He also told me to act many times.
EVIDENCE FOUND BY POLICE

Blood-stained knife was hidden near garage. Phone belong to Ramu was used on previous evening,
number was registered to Bihar but was unreachable. In court harry said he didn’t remember anything
from night when he took some medicines and slept after watching T.V. Ramu killed my family. Ramu
was caught after 10 days from Delhi, found money from his bag that he saved. Ramu told, the murder
is committed by harry to take revenge from his brother. Harry was influence to drugs. As he was
scared so he ran away.
TRIAL HELD THAT

Court convicted harry and Ramu and punish both with life imprisonment. Ramu was convicted for
theft. Harry challenged the order for appeal. Harry stated as he is not mentally stable, he is entitled
benefit u/s 84 of IPC which was not in his favor. Then he appealed in the hon’ble high court of Punjab
& Haryana.
7
ISSUES RAISED
[I]
Whether or not Appeal is maintainable?
[II]
Whether or not Harry can be convicted u/s 302 r/w 34 of IPC,18601?
[III]
Whether or not Harry should be provided the relief u/s 84 of IPC,1860?
1
Sec 302 r/w 34 of Indian Penal Code, 1860
8
SUMMARY OF ARGUMENTS
[I]
Whether or not Appeal is maintainable?
It is humbly submitted before this Hon’ble Court that the present appeal is not maintainable as it does contain
the legal grounds for this appeal. Session Court rightly convicted and there was no need for this appeal in this
hon’ble court.
[II]
9
Whether or not Harry can be convicted u/s 302 r/w sec 34 of IPC,1860?2
It is humbly submitted before this Hon’ble Court that Harry is rightly convicted u/s 302 r/w sec 34
of IPC. There are evidences against harry and he had issues with his brother as well as he was
mentally unstable which creates his conviction beyond reasonable doubt.
[III]
It is humbly submitted that Harry is not entitled for benefit of section 84 as he was under influence
of medicines and done because he was having previous altercations with John. He committed crime
by satisfaction of Ramu’s provocation made against his deceased brother John. After crime he tried
to hide the weapon of crime which shows that he was having knowledge that whatever he did is
wrong and contrary to law. Thus, he didn’t fulfill any of the essentials of sec.84 of IPC. So he shall
not be entitled for benefit u/s 84.
ARGUMENTS ADVANCED
[I]
The Appeal is not maintainable
1. The council on behalf of respondent most humbly submits that at this stage, the Court should not
enter into minute details of the prosecution evidence and judgment of acquittal recorded by the
trial Court could not be said to be perverse. The appellate Court must consider the relevant
material, sworn testimonies of prosecution witnesses and record reasons why leave sought by the
State should not be granted and the order of convicted recorded by the trial Court should not be
disturbed. Where there is application of mind by the appellate Court and reasons in support of such
view are recorded, the order of the Court may not be said to be illegal or objectionable. At the
same time, however, if arguable points have been raised, if the material on record discloses deeper
scrutiny and re-appreciation, review or reconsideration of evidence, the appellate Court must grant
2
10
leave as sought and decide the appeal on merits. But in the present case no such re-appreciation,
review or reconsideration is needed.
[II]
Whether or not Harry can be convicted u/s 302 r/w 34 of IPC,1860?3
It is humbly submitted before the Hon’ble court that Harry is rightly convicted by the Hon’ble trial
court. Though, Police authorities have enough evidence and witnesses to make him liable for double
murder with common intention with Ramu.
A: Murder
It is humbly submitted that murder is defined u/s 300 4 and punishable u/s 302. To convict a person
u/s 302, the offender must have the intention to cause such a bodily injury which is likely to cause
death. The counsel humbly submits that Harry had sufficient Men's Rea towards John and his
mother. As Harry mentioned many times in his statement that John had frequent physical violence
with him on regular occasions due to which it is proved that he had a grudge against john from an
early stage which is evident in his detailed confession u/s sec 161 5 where he said that there were
fights between him and his brother.
It is crystal clear from this statement that he had a grudge toward John. Harry was mentally unstable
which can be seen from the change made by him in his statement like the two different results of
NARCO tests which means he doesn’t rely on his statements and can get easily influenced by
anyone and owing to the statement given by Harry’s father, he was also going under a behavioral
therapy from which it can be concluded that he had behavioral issues.
From all the above-mentioned arguments it can be said that he was not mentally stable. Ramu used
the aforementioned altercations as an opportunity and provoked Harry against his brother which
resulted in the commission of murder by Harry as he would have got influenced by Ramu. Ramu
had the motive to steal cash and household valuables for which he put the split b/w two brothers
and for that, he used Harry as a pawn for the fulfillment of his motive.
Harry and John were frequently involved in physical altercations, as was mentioned previously;
there is a high possibility that on the evening of the murder likewise there was violence among
3
4
Sec 300 of Indian Penal Code, 1860
5
Sec 161 of Criminal Procedure Code, 1973
11
them. During the investigation, the police discovered stronger versions of John's medicine from
Harry's bedside drawer, the father's testimony attesting to the behavioral therapy Harry was taking,
and Ramu's statement that he spends the majority of his time under the influence of drugs support
the conclusion that Harry was taking medications as part of his behavioral therapy.
During the trial in the trial court, Harry gave a statement that he had taken some medication and
fallen asleep after watching television on the night of this occurrence, therefore he remembers
nothing of that night. In addition, it is argued before this court that he was not in a stable mental
state which can be seen from the statement he made in trial court about the last night and his
father's confirmation that he was receiving behavioral therapy. It is also claimed that the
medications were of a stronger version, which caused him to get significantly affected that evening
and that is why he remembered nothing of that night from the time he took the medications until he
awoke the next morning.
As claimed by Harry in his confession provided under Section 161 6, Ramu was aware of fights
between Harry and his deceased brother John and made numerous attempts to make Harry go
against his brother. As he had many altercations with his brother, which led Harry to believe what
Ramu was speaking against his brother, Harry was mentally weakened and instigated by Ramu to
go against his brother
Prior to the incident that night, Harry went to his room, took his medications, and started watching
television during which he got under the strong influence of the medications. At this point, Ramu's
instigation against John, the strong influence of the medications, and all prior incidents and
altercations between him and his brother had combined to have an impact on Harry's mind. Once
more that evening, Harry and John got into a fight. This time, their mother intervened to prevent
the fight, but Harry gone violent and grabbed up a knife and slit both of their necks. Ramu was
terrified by what he saw and fled while carrying the stolen money. Because Harry was under the
strong influence of medicine and was unable to escape, he slept after the murder and made a
struggled effort to conceal the blood-stained knife that the police traced near the garage.
[III]
6
Sec 161 of Criminal Procedure Code, 1973
12
It is humbly submitted that, Harry is not entitled for sec. 84 as at the time of commission of act he
was mentally stable. In the present instance essential of sec. 84 has not been fulfilled. Harry father
statement that Harry was taking behavioral therapy and stronger versions of medicines that were
prescribed to John creates an inference that Harry was suffering from Bipolar disorder and it is a
mood disorder not mental disorder. As aforesaid in issue-2 that Harry before the time of
commission had taken some medicines after which he was getting strongly influenced by strong
medicines during which there was again an altercation on that day and at that time his mother
stepped in to prevent that quarrel after which he took the knife and slit both of throats.
In the case of Dahyabhai Chhaganbhai Thakker vs State Of Gujarat8, Apex court stated that
there is insufficiency of evidence to throw reasonable doubt in our mind that the act might have been
committed when the accused was in a fit of insanity. But after crime Ramu flee away seeing the
incident after which there was no one except Harry and dead bodies of John and his mother and
Harry during that time effort tried to hide the weapon of crime i.e. blood stained knife as he knew the
act he committed is wrong and contrary to law, which is enough to satisfy the judicial mind of this
court that Harry was not unsound at time of commission of act. The supreme court also stated that
mere fact that an accused is conceited, odd irascible and his brain is not quite all right, or that the
physical and mental ailments from which he suffered had rendered his intellect weak and had
affected his emotions and will, or that his behavior was queer, cannot be sufficient to attract the
application of section 84. So according to aforesaid judgment at that night Harry was having odd
behavior not insanity and he was also knowing about what he was doing at that time, which abstain
the accused from falling in the ambit of section 84 of IPC, as sec. 849 states that to exempt under this
section act must be done by the person, by reason of the unsoundness of mind, at the time of
commission of the offence but in this case Harry was not unsound at the time of the offence. In the
case of Garjraj Singh v State of Rajasthan10 accused is conceited, odd irascible and his brain is not
quite alright, or that the physical and mental ailments from which he suffered had rendered his
intellect weak and had affected his emotions and will, or that he had committed certain unusual acts,
in the past or that he was liable to recurring fits of insanity at short intervals, or that he was subject to
getting epileptic fits but there was nothing abnormal in his behavior, or that his behavior was queer,
cannot be sufficient to attract the application of this section. Thus, he is not entitled for the benefit of
unsoundness provided under section 84 IPC.
7
8
Dahyabhai Chhaganbhai Thakker v State Of Gujarat, 1964 AIR 1563
9
10
Garjraj Singh v State of Rajasthan, Apl (crl.) 1313 of 2006
13
PRAYER
Wherefore it is prayed, in light of the issues raised, arguments advanced, and authorities cited, that
this Hon’ble Court may be pleased to:
1. Dismiss the Appeal and upheld the finding of trial Court.
And/Or
Pass any other Order, Direction or Relief that this Hon’ble Court may deem fit in the interest of
Justice, Equity and Good Conscience.
All of which is most humbly and respectfully submitted.
And for this act of kindness, the Respondent shall duty bound forever pray.
Sd/-
(Counsels on behalf of the Respondent)
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TC- 20

CHECKMATE NATIONAL MOOT COURT

IN CRIMINAL APPEAL NO.__ /22__

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

MEMORIAL SUBMITTED TO THE REGISTRY OF

THE HON’BLE HIGH COURT OF PUNJAB & HARYANA

MEMORANDUM ON BEHALF OF THE RESPONDENT

4 STATEMENT OF FACTS 6-7

7 ARGUMENT ADVANCED 10-13

1. AIR All India Reporter

4. CPC Civil Procedure Code, 1908

6. IPC Indian Penal Code,1860

7. OdHC Odisha High Court

8. BHC Bombay High Court

9. DHC Delhi High Court

11. SC Supreme Court

12. SCC Supreme Court Cases

13. HC High Court

14. Sec. Section

SUPREME COURT & HIGH COURT CASES:

1. SUBRAMANIAM ALLIAS V. UNKNOWN, (1964) 1 MLJ 156

2. DAHAYABHAI CHANGAN BHAI THAKRE V STATE OF GUJARAT, 1964 AIR 1563

3. GAJRAJ SINGH V. STATE OF RAJASTHAN, APL (crl.) 1313 of 2006

4. SURENDRA MISHRA V. STATE OF JHARKHAND, APL NO.177 OF 2006

5. HARI SINGH V. STATE OF M.P., CRL APPL NO. 321 OF 2007

6. STATE OF UP V. BABU RAM, APL (crl.) 279-281 of 1995

DELIVERY OF MILK BY RAVI

HARRY AND JOHN

DISPUTE BTWEEN HARRY AND JOHN

CHARGESHEET FRAMED BY COURT

EVIDENCE FOUND BY POLICE

TRIAL HELD THAT

Whether or not Harry can be convicted u/s 302 r/w 34 of IPC,18601?

Whether or not Harry should be provided the relief u/s 84 of IPC,1860?

Whether or not Harry should be provided the relief u/s 84 of IPC,1860?

Whether or not Harry can be convicted u/s 302 r/w 34 of IPC,1860?3

1. Dismiss the Appeal and upheld the finding of trial Court.

All of which is most humbly and respectfully submitted.

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