Download Legal Case: Sher Shah v. State of Haryana - Analysis of Facts, Issues, and Pleadings and more Cheat Sheet Law in PDF only on Docsity! MOOT PROBLEM - 1 IN THE HIGH COURT OF PUNJAB AND HARYANA CRIMINAL ORIGINAL JURISDICTION APPEAL NO._/2016 IN THE MATTER OF SHERSHAH, GAJENDER, SURI SHAH ... PETITIONER /APPELLANT VERSUS STATE OF PUNJAB AND HARYANA . _RESPONDENT ON SUBMISSION TO THE HON’BLE HIGH COURT OF PUNJAB AND HARYANA (WRITTEN SUBMISSION ON THE BEHALF OF APPELLANT) (SHWETA DHAKA :A11911114180,SAMEEKSHA GUPTA A11911114178,AYUSHI YADAV :A11911114168, SHIKHAR MEHRA :A11911114189,PRIYA SIROHI A11911114102) INDEX S.NO @) (2) (3) 4) 6) 6) ©) PARTICULAR PAGE MEMO OF THE PARTIES LIST OF REFERENCES STATEMENT OF JURISDICTION SUMMARY OF FACTS STATEMENT OF ISSUES SUMMARY OF PLEADINGS PRAYER STATEMENT OF JURIDICTION The Appellants humbly submits this memorandum for a petition filed before the Hon’ble HIGH COURT OF HARYANA. The Appellants has approached the Hon’ble High court under the Section 374 clause (2) of CRPC which states that “ 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, may appeal to the High Court” appealing that the appellants are not liable for Murder under Section 302, IPC since there was no common intention as there was no prior meeting of minds. SUMMARY OF FACTS KARIM AND SHERSHAH LIVED IN THE SAME VILLAGE. SHERSHAH ALONG WITH HIS FAMILY INCLUDING HIS WIFE “SOBTI”, SON “GAJENDER”, DAUGHTER “NAINA” AND HIS BROTHER SURI SHAH LIVED IN SAME HOUSE. SURI SHAH OWED A DEBT TO KARIM OF RS. 20,000 KARIM AND NAINA WAS IN LOVE WITH EACH OTHER AND KARIM USE TO MEET HER ON THE WEEKENDS WHEN HER FATHER WAS NOT AT HOME, ON PRETEXT TO COLLECT MONEY. SHERSHAH DID NOT LIKE KARIM’S PRESENCE IN HIS ABSENCE. HE TOLD KARIM MANY TIMES NOT TO VISIT HIS HOUSE IN HIS ABSENCE BUT KARIM IGNORED IT. ON AUGUST 5, SURI SHAH CALLED KARIM TO COME AND COLLECT HIS MONEY IN THE EVENING. KARIM WENT TO THEIR HOUSE AT 8:30 IN THE EVENING. ON HEARING WHISPERING COMING FROM BACKYARD OF THEIR HOUSE, THEY ALL WENT TO SEE WHERE THEY SAW KARIM AND NAINA TALKING. SHERSHAH ON SEEING THEM TOGETHER LOST HIS TEMPER AND STARTED ABUSING HIM. GAJENDER BROUGHT A LATHI FROM INSIDE AND GAVE A BLOW TO KARIM ON HIS LEG. THN SURI HAH GRABBED THE LATHI AND STARTED BEATING HIM ON HIS HEAD AND CHEST. ON HEARING THE HUE AND CRY VILLAGERS CAME TO HIS RESCUE, THEY FOUND THAT SURI SHAH WAS BEATING HIM WHILE OTHER TWO WERE ABUSING HIM, TILL THEN KARIM WAS BLEEDING AND WAS UNCONCIOUS. KARIM WAS TAKEN TO THE HOSPITAL BY THE VILLAGERS, WHERE HE DIED AFTER THREE DAYS WITHOUT GAINING HIS CONCIOUSNESS. POST MORTEM REPORT CONFIRMED THAT KARIM SUFFERED INJURIES IN HIS HEAD AND FRACTURES OF THREE RIBS AND THERE WAS MUCH LOSS OF BLOOD. WHILE NONE OF THE INJURIES INDEPENDENTLY WERE SUFFICIENT TO CAUSE DEATH. STATEMENT OF ISSUES WHETHER IN THE LIGHT OF FACTS AND CIRCUMSTANCES APPELLANT IS GUILTY UNDER SECTION 302 OF INDIAN PENAL CODE, 1860. WHETHER THERE WAS A COMMON INTENTION OF CAUSING DEATH. WHETHER THERE WAS GRAVE AND SUDDEN PROVOCATION . WHETHER THERE WAS COMMON OBJECT
