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1 C.L.AGRAWAL MEMORIAL MOOT COURT COMPETITION, 2017 FACTS Mr. Raj Kumar was running a successful property dealing business in Kuru, a town in Rajasthan. In year 2011, he got married to one Malini as per Hindu rites and ceremonies. The marriage was solemnized in Kuru. After their marriage, the couple started living together and a daughter was born out of the said wedlock in 2012. In September, 2013, Raj Kumar told Malini that he had suffered major loss in business and was in dire need of money. Malini after hearing him voluntarily offered to sell the gold which was kept safe in a bank locker jointly accessed by both. The said gold ornaments and other gifts were gifted to her by her parents, in-laws and other relatives from both the sides. Raj Kumar did not agree to Malini’s suggestion as he believed that the gold should be kept for future use. He rather suggested that she should approach her parents and procure 20 lakhs from them which would be returned to them once the business got stable. However, Malini expressed her reluctance towards such a move and after two days told him that she chose not to approach her parents with such a demand. Upon hearing this, Raj Kumar got agitated and kept on insisting that she must speak with her parents and demand the money. On several occasions, they had heated arguments where he even went to the extent of saying that her parents have not given him enough at the time of marriage. However, after a gap of two months, when things finally started getting normal, Malini one day inquired about the status of business, to which Raj Kumar replied with indifferent answers and told her that since she has not agreed to his proposal, thus, she has no right to inquire about it.
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1ST C.L. AGRAWAL MEMORIAL MOOT COURT COMPETITION, 2017 Next day, da y, Malini decided to open the t he locker on her own o wn and sell the gold so that money can be invested to recover loss suffered by her husband. After reaching the bank, she found that five months ago i.e. on 07/07/2013, most of the gold ornaments were removed from the locker by Raj Kumar, as he too has an access to it. Upon learning this, she was dismayed and shocked. She got back and a nd confronted co nfronted Raj Kumar about the same. He told t old her that since it was a joint locker and most of the ornaments at the time of the marriage were given to her by his parents, therefore, he had an equal right over the said property. He mentioned that no legal authority allows her to ask such questions. The issue became a bone of contention between them and their relations started becoming strained. Disappointed by the said events, Malini approached a law consultancy firm and sought their advice regarding the issue. She was advised that the gold ornaments come within the purview of Stridhan. The consultants in view of the strained relations suggested her to take matter to a
Family Court. The Family Court gave a decision which was in favour of husband relying upon the following facts:
That bank locker being a joint locker could be operated by either of them.
That there was sufficient evidence to suggest that after selling the ornaments, the husband used the money for stabilizing business which was again in the interest of the family.
As an obiter dictum, the court stated that in such cases, where husband and wife are having joint lockers, better mode is to operate the locker by mutual consent. However, in the said case wife had already made an offer to the husband expressing her intention of selling the gold kept in the locker for stabilizing the financial position of the family. Aggrieved by the decision of the Family Court, Malini filed an appeal with the High Court of Rajasthan with a contention that gold ornaments that come within the purview of Stridhan can only be used and disposed of by wife. The case is pending before the High Court of Rajasthan. In 2015, in the month of October, both Raj Kumar and Malini along with their daughter, decided to spend Durga Pooja vacations in a hill station with the objective to have reconciliation, to sort out their differences and to develop healthy family relations for better future.
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1ST C.L. AGRAWAL MEMORIAL MOOT COURT COMPETITION, 2017 They were staying in a guest house and were also accompanied by one of their friends, Rekha and her husband, Vikram. On the night of 10/10/2015, at around 2:00 AM, they heard some noise coming from Malini and Raj Kumar’s room. Upon hearing the screams, Rekha, her husband Vikram and the staff of the guest house rushed towards the room. The door of their room was broke open and Malini was found burning in flames. Raj Kumar and their daughter were found lying unconscious in the next room. With the help of the staff of guest house, Rekha and Vikram were able to put off the flames on Ms. Malini’s body. After this, a statement was given by Malini wherein she said that her husband had tried to burn her by pouring petrol. The said statement was recorded by Rekha, who happens to be a law teacher and hence was aware of the legal nuances and implications. Meanwhile, an ambulance reached with a doctor and Ms. Malini, Raj Kumar and their daughter were taken to the hospital. In the hospital, Malini gave another statement as second dying declaration in the presence of doctors and police personnel on guard that she herself had poured petrol on her body and had set herself on fire. Next morning, due to 80% burns on her body, Malini succumbed to her injuries injuries and died. Her husband and daughter regained consciousness and informed to the authorities that both of them had consumed milk after dinner, offered by Malini, and got unconscious. Thus, they pleaded that they had no knowledge of the incident. The medical reports of Malini, Raj Kumar and their daughter stated that:
Death of Malini was caused by burns.
High dose of zolpidem was found in the blood of Raj Kumar and his daughter.
The police registered the case in view of the gathered circumstantial evidence and medical reports. Both contradictory detailed descriptions of dying declarations, first given by Malini to Rekha and second given by her in the presence of doctor and police personnel were part of the police report. repo rt. The investigating officer o fficer in the final police po lice report mentioned that Raj Kumar had himself consumed sleeping pills and made her daughter do the same. Since he was habitual of taking sleeping pills, he had enough control over his body to carry the activity of pouring petrol on Malini and set her on flames before finally falling unconscious due to the effect of pills. His daughter, being a child, had already been unconscious due to the overdose of sleeping pills. On
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1ST C.L. AGRAWAL MEMORIAL MOOT COURT COMPETITION, 2017 that basis, police officers after completing the investigation filed a charge-sheet under section 173 of Criminal Procedure Code, 1973. The Court of Session gave life imprisonment to Raj Kumar under section 302 of Indian Penal Code, 1860 by declaring that the act comes within the purview of culpable homicide amounting to murder. However, the decision of the Court of Session was challenged by Raj Kumar, the accused in the High Court of Rajasthan and he relied on the second dying declaration given in presence of doctors and police personnel. The High Court clubbed both the appeals, one by Malini based on the contention of Stridhan and other by Raj Kumar. Prepare your arguments for final hearing in view of the circumstantial evidence of the case as well as the presumption based on just and reasonable grounds. RELEVANT LAWS:
Indian Penal Code, 1860
Indian Evidence Act, 1872
Criminal Procedure Code, 1973
The Protection of Women from Domestic Violence Act, 2005
The Dowry Prohibition Act, 1961
Hindu Laws
Relevant decided cases and any other cases on the subject matter.
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