MOOT PROPOSITION II

1. Westeros is one of the largest countries in the world and has a very rich and diversified
heritage. With numerous languages spoken, it is a home to the people of different
religions and communities. It is a quasi-federal country and a leading economic player in
the Asian region. It consists of East, West, North, South and Central Provinces.
2. The total population of Westeros crossed the 1.2 billion mark in the year 2015. However,
only 10 percent of the said populace lives in the Northern Province. This population of
the Northern Province majorly comprises of the First Men, who are the aboriginal
residents of the region. The population density is the highest in the Central Province
which is the most technologically advanced and economically flourishing part of
Westeros. It is home to the richest of the rich of Westeros including the biggest of
politicians, sportspersons, actors and businessmen.
3. Due to the ever-expanding population, Central Province’s population density has become
such that not a single piece of unused land is available anymore. This unique situation has
given a major push to the Real Estate Sector, which has started expanding their business
to the unchartered territories of the North. It has become a promising business for
property dealers to buy vast areas of land from the innocent aborigines at cheap rates and
sell the same to the rich investors of the Central Province, making huge profits from the
same.
4. Little Birdies Pvt. Ltd., a company registered under the Companies Act of Westeros, 2013
is one of the biggest companies in the business of property dealing. Mr. Varys and Mr.
Joffrey Baratheon are the two directors of the company holding 60 percent and 40 percent
of the shares respectively. They also are involved in the day to day running of the
company. This company has expanded its business heavily in the Northern Province of
Westeros.
5. In the year 2022, Mr. Varys approached one Mr. Theon Greyjoy from the North and
proposed an offer to purchase a huge chunk of land from him. Mr. Varys offered Mr.
Theon a consideration for the sum of Rbs. 38,00,000/- (Rubels Thirty-Eight Lacs Only).
Mr. Theon, who had never seen such an extravagant amount of money before in his life,
and secretly dreaming of moving to the islands in the West, readily accepted the offer.
6. It was the standard business procedure of Little Birdies Pvt. Ltd. to look for property in
the North only at any client’s behest i.e., once a client shows real interest in buying a
property in the North, only then do they search for a suitable property. Further, when such
 a suitable property is found, they pay the whole amount upfront to the aborigine owner
and take a signed receipt of receiving from them. Later on, after coming back, they
finalize the deal with the client, and then execute the Sale Deed, thereby making huge
profits.
7. In the instant matter, such interest was shown by one Mr. Peter Baelish, a rich business-
man of the Central Province. However, when Mr. Varys came back from the North, Mr.
Baelish went back on his words and informed Little Birdies Pvt. Ltd. that he is not
interested in buying the property anymore. Mr. Varys looked for another prospective
buyer for months but failed completely and eventually in July, 2022 informed Mr. Theon
that the deal is off and asked for his money back.
8. On the 15th of August, 2022, when Mr. Varys was coming out of his office, a motor-
cycle stopped on the other end of the lane. Both the riders were wearing helmets. The
pillion-rider took out a gun and fired three shots towards the direction of Mr. Varys and
ran away. The shots hit Mr. Varys on his chest and he fell down on the street. A huge
crowd gathered around the crime scene and Mr. Varys was taken to the nearby hospital
where he was declared dead.
9. The news went viral across the country as never before had such an incident taken place
in the peace-loving Central Province of Westeros. The people screamed for justice and the
investigation began.
10. The Night Watchers (the peace keeping and investigating agency of Westeros), initiated
their investigation in full swing but were not able to find a single piece of evidence. Two
months after the incident, Mr. Joffrey approached the Night Watchers with a piece of
paper signed by Mr. Theon showing the receipt of Rbs. 38,00,000 (Thirty Eight Lacs
Rubels). The Watchers took a photo-copy of the same and gave the original back to Mr.
Joffrey. Mr. Joffrey also informed the Watchers about the whole deal with Mr. Theon, and
that Mr. Varys was attempting to obtain the Company’s money back from Mr. Theon.
11. Thus, finding this new angle, the Watchers extended the scope of their investigation and
included Mr. Theon as a prospective suspect. Call records of Mr. Theon were called upon
and it was found that there were a couple of phone calls between Mr. Theon and Mr.
Varys on the day of Mr. Varys’s death. It was also found that there were numerous calls
between Mr. Theon and one Mr. Sandor Clegane (commonly known as the Hound) on the
very same day. It was observed that there was a phone call of 40 seconds between them
just before the shooting happened and of around 110 seconds immediately after the
shooting. When Mr. Theon was brought in for questioning, he broke down and voluntarily
 disclosed the location of a gun to the Watchers. The gun was found to be an exact match
of the murder weapon.
12. Based on these evidences, the Watchers submitted their final charge-sheet against Mr.
Theon, Mr. Sandor Clegane and one Mr. Gregor Clegane (also known as the Mountain)
under Section 302 read with Section 34 of the Westerosi Penal Code, 1860 to the Sessions
Court, and the Court took cognizance of the same.
13. The Watchers then called upon Mr. Joffrey to present the original document, but it was
brought to their notice that the same has been lost during shifting of the Company’s
offices. In the absence of the same, the Watchers submitted to the Court the photo-copy of
the document which was verified to be accurate by Mr. Peter, a Court Commissioned
Handwriting Expert.
14. The atmosphere around Westeros grew more and more tense with every passing day as
such an act had never been witnessed before in the history of the peace-loving nation.
There was immense pressure on the Courts as well. However, there were no eye-
witnesses to the crime. Eventually, the Court on 10th July, 2023 convicted all the three
accused for the murder of Mr. Varys.
15. The Court held the recovered gun and photo-copy to be substantive proof for motive
against Mr. Theon. Also, the Court took on record the call details as provided by the
Service Provider, establishing Mr. Sandor’s location to be within a 2-km radius of the
crime scene.
16. The Court awarded the Cleganes with life-imprisonment while Mr. Theon was sentenced
to death. The convicted individuals preferred an appeal to the Hon’ble High Court of
Central Province.
17. The case is listed for final arguments in the Hon’ble High Court of Central Province on
6th January, 2024. The laws of Westeros are pari materia to the laws of the Republic of
India.

Frame the arguments on the following issues. The parties are free to argue on other issues as
well:

1. WHETHER THE APPELLANTS HAVE THE RIGHT TO APPEAL TO THE HON’BLE

HIGH COURT?
2. WHETHER THE JUDGMENT OF THE SESSIONS COURT IS MAINTAINABLE IN
THE EYES OF THE LAW?
3. WHETHER THE APPELLANTS ARE GUILTY OF THE CRIMINAL OFFENCE
COMMITTED?
4. WHETHER THE ACTS OF THE ACCUSED VIOLATED AND INHIBITED THE
PEACEFUL LIVELIHOOD OF CITIZENS OF THE CENTRAL PROVINCE OF
WESTEROS?

Annexure – A