THE K.K.

LUTHRA MEMORIAL MOOT COURT, 2022 1

STATEMENT OF FACTS

1. Cristo and his family recently moved to the outskirts of Killdare, a small

state located in the southern part of Frisk, a developing country with one

of the lowest populations in the world. Of late, crimes have been on the

rise in Killdare with the local Police finding it difficult to tackle the law-

and-order situation due to lack of manpower and resources.

2. Cristo recently started his post-graduation at the University of Killdare

where he met Lionel, a local resident who comes from a renowned family.

Over time, Cristo and Lionel became friends. Lionel often lent money to

Cristo for his daily expenses and their recreational outings. Cristo

assured that he will return the money at the earliest.

3. The University of Killdare have won the last three ‘Killdare Annual Inter-

university Football Tournament’ and their team ‘Exterminators’ are

favorites for this year’s tournament. Lionel has been their leading goal-

scorer over the years and is his coach, Jose.M’s favorite. Cristo, who has

been the main player for his previous school/college teams finds himself

in the reserves for every game, barely getting any time on the pitch.

Several of their teammates feel that Cristo deserves to play ahead of

Lionel.

4. Owing to Lionel’s immoderate spending, of late he has faced an acute

shortage of funds. Having no other option, he approached Cristo to

return the money owed by him. Cristo expressed his inability to do so

and promised that he will return at the earliest. Despite repeated

reminders over the course of the next few weeks, Cristo was not able to

return any part of the money owed by him.

5. Late one night, Cristo called Lionel asking him out for dinner. Lionel

initially declined stating that it is too late and very few places would be

open. However, on Cristo’s insistence, he agreed and asked Cristo to pick

him up from his place. Cristo picked Lionel on his motorcycle and they

went to their favorite restaurant ‘Bob’s Butchery’.

6. On their way back, Cristo asked Lionel if he wanted to make a stop to

smoke a cigarette, before dropping him home. Lionel famously used to

carry a pack of ‘Lucky Strike’, imported cigarettes that were not available

in Killdare. On Cristo’s suggestion, they stopped a few blocks before

Lionel’s house in an isolated area, to avoid getting seen by Lionel’s

parents.

7. That night Lionel never returned home. After waiting late into the night,

his parents finally called Cristo, who told them that he had dropped

Lionel a few blocks before their house as Lionel had suggested that he’d

prefer to walk a few blocks after their heavy meal. After making a few

frantic calls, his parents finally called the Police sometime around noon

and reported their son missing.

8. On the same day, the Police discovered a dead body lying in a narrow

ditch in an isolated roadside area, a few blocks before Lionel’s home.

They informed Lionel’s parents that their son had been killed from what

appeared to be a blow to his head. Lionel’s parents were completely

devastated. They informed the Police that they could not think of anyone

known to them who would do this to Lionel. They also confirmed that all

of Lionel’s personal belongings appeared to be on him. Lionel’s body was

sent for post-mortem.

9. Later that evening, Police arrived at Cristo’s house. Cristo informed them

that on Lionel’s insistence, he dropped him a few blocks before his house

and that that was the last he saw of him. He added that he was also in a

rush to return home as his colony Guard often shut the main gate and

went to sleep. However, inquiries from the Guard revealed that the main

gate had a smaller entry point that was always open and did not restrict
THE K.K. LUTHRA MEMORIAL MOOT COURT, 2022 3

entry/exit of motorcycles in any manner. Further inquiries on the same

day from common friends of Lionel and Cristo, one Mr. Kun and Mr.

Sergio revealed that Cristo owed money to Lionel. On getting suspicious,

Police took Cristo for questioning at the local Station.

10. Pursuant to some fierce questioning, Cristo gave an alleged disclosure

statement admitting to killing Lionel due to anger and jealousy on

account of Coach Jose.M’s biased behavior and Lionel’s repeated

demands for money. He was placed under arrest.

11. After a short investigation, Police filed an investigation report accusing

Cristo of commission of offences under Sections 302 and 201 of the Frisk

Penal Code 1860. It was inter alia alleged as following –

i. Cristo had killed Lionel due to his constant demands to return

the money owed by Cristo and jealousy of not being selected in

their team. Mr. Kun, Mr. Sergio and Coach Jose.M were cited as

witnesses.

ii. Cristo ‘confessed’ that he hit Lionel with a heavy stone which he

threw in a nearby stream.

iii. Post-mortem report confirmed that Lionel died after being hit on

his head with a blunt object and stated the time of death to be

between 12 a.m. to 2 a.m. on the night of Lionel’s murder.

iv. Cristo identified the spot where he allegedly dumped Lionel’s

body.

v. Cristo had taken the Police to his room where they recovered a

pack of ‘Lucky Strike’ cigarettes, a rare item Lionel was known to

carry, carefully hidden in one of Cristo’s chests.

vi. A long-serving waitress at ‘Bob’s butchery’, one Ms. Antonella

confirmed having seen Lionel in the company of Cristo on the

fateful night of his gruesome murder. A toll-booth operator en

route to Lionel’s home, one Mr. Pique also confirmed seeing Cristo

and Lionel together on a motorcycle that same night.

vii. Lionel’s father, Mr. Pep identified his dead body and confirmed

that all personal belongings of Lionel appeared to be on him.

viii. One Mr. Chancerton had approached and given a statement to

the Police that on the night when Lionel was killed, he had to

rush to a medical store to procure certain medicines for his son.

On his way, he crossed the spot where Lionel’s body was

recovered and he recalled seeing two boys, who were roughly of

the same age as Lionel and Cristo, having a loud heated

conversation with each other.

ix. Cristo had taken false pleas during initial investigation about his

rush to return home and Lionel’s insistence to walk back to his

house.

12. The concerned Trial Court in Killdare in District Calumny gave

indictment against Cristo for prima facie commission of offences under

Sections 302 and 201 of the Frisk Penal Code 1860 to which he pleaded

not guilty, and trial commenced. During State Evidence, the following

unfolded –

i. Mr. Kun and Mr. Sergio deposed to show existence of a loan.

Nothing material was elicited during their cross-examination.

ii. Coach Jose.M deposed that he favored Lionel over Cristo as he

genuinely believed Lionel to be the better player. During cross-

examination, he admitted that he never saw Lionel and Cristo

quarrel during training.

iii. Doctor Arsene proved his post-mortem report. Nothing material

was elicited during his cross-examination.

iv. Ms. Antonella and Mr. Pique deposed to seeing Lionel and Cristo

together on the night of Lionel’s murder. Both identified Cristo in

Court. During cross-examination, they admitted that they were

not called by the Police during investigation to identify Cristo.

They also admitted seeing the two of them for a brief period of

time on the night of Lionel’s murder. However, Mr. Pique added

that he specifically recalled seeing them as both were not wearing

helmets.

v. Mr. Pep deposed that he had identified Lionel’s dead body and

that all his personal belongings appeared to be on him. During

cross-examination, he admitted that he knew Cristo to be Lionel’s

good friend however, had no idea if Lionel routinely lent money to

Cristo. He also admitted that he never saw Lionel and Cristo

argue or fight with each other.

vi. Mr. Chancerton deposed on lines of his previous statement to the

Police. He proved receipts showing purchase of medicines for his

son that night. During cross-examination, he admitted that he

did not know Lionel from before and learnt about his

disappearance from the local newspaper. He also admitted never

being called by the Police during investigation to identify Cristo.

vii. The Investigating Officer reiterated the contents of his

investigation report and proved documents in relation thereto.

During cross-examination, while he admitted that no

independent witnesses were present at the time of preparation of

memos for recovery of Lionel’s body, Cristo’s alleged identification

of the spot where Lionel’s body was found and alleged recovery of

Lionel’s pack of ‘Lucky Strike’, he added that no public persons

were present as all these memos were prepared at night. He also

admitted that recently, they had been receiving several

complaints of petty crimes in and around Killdare.

viii. State dropped the Guard of Cristo’s residential complex as a

witness.

13. No Defence evidence was led by Cristo. In his statement to the Court, he

reiterated that he had dropped Lionel a few blocks before his house on

Lionel’s suggestion that he’d prefer to walk back and that he was also in

a rush as he feared that he may not be able to enter his residential

complex considering how late it had gotten.

14. Upon perusal of all material on record, the trying Court convicted Cristo

by holding that the State had successfully proved the indictment against

him beyond all reasonable doubt. Testimonies of Mr. Kun, Mr. Sergio and

Coach Jose.M were held to have established motive. The post-mortem

report and testimony of Doctor Arsene were accepted as correct. All

identification(s)/recoveries along with testimonies of Ms. Antonella, Mr.

Pique, Mr. Pep, Mr. Chancerton and the Investigating Officer were held

to support the overall case of the State. No adverse inference was drawn

on failure to recover any murder weapon or failure to call the Guard as

a State witness. Further, the Court accepted the State’s case on last seen

and its arguments on false pleas taken by Cristo and his failure to

reveal/prove any other hypothesis justifying the sudden disappearance

and killing of Lionel as being an additional incriminating circumstance.

Cristo was sentenced to undergo rigorous imprisonment for life along

with a fine of Rs.10,000/- and rigorous imprisonment for a period of

seven years and fine of Rs.5,000/- for commission of offences under

Sections 302 and 201 of the Frisk Penal Code 1860 respectively.
THE K.K. LUTHRA MEMORIAL MOOT COURT, 2022 7

15. Aggrieved by the above decision and sentence, Cristo has filed an Appeal

before the High Court of Killdare titled ‘Cristo v. State’ bearing Appeal

No.1111 of 2021. The Appeal has been posted for final hearing in

January 2022.

16. The Appellate Court has identified the following specific issues which are

required to be addressed by the Appellants and the Respondents, besides

others which is at their discretion:

a. Whether the essential ingredients of Sections 299/300 and 201

of the Frisk Penal Code have been met in the facts and

circumstances of the instant case?

b. Whether the trial court has correctly applied the applicable test

of proving facts ‘beyond all reasonable doubt’?

NOTES FOR COUNSEL

1. Counsels for Appellant will present arguments on behalf of Mr. Cristo.

2. Counsels for the Respondent will present arguments on behalf of the

State of Killdare.

3. Frisk is a constitutional republic following the common law system. It

follows trial by Judge and not jury.

4. The provisions of the Frisk Criminal Procedure Code are in pari materia

with Criminal Procedure Code 1973 of India.

5. The provisions of the Frisk Evidence Act 1872 are in pari materia with

Indian Evidence Act 1872.

6. However, law including rules of evidence from all common law

jurisdictions including but not limited to India are persuasive.

APPENDIX
FRISK PENAL CODE, 1860

The provisions of the Frisk Penal Code 1860 are in pari materia with the

Indian Penal Code 1860 save and except the following –

Section 299. Voluntary culpable homicide –

Whoever does any act or omits what he is legally bound to do, with

the intention of thereby causing, or with the knowledge that he is

likely thereby to cause the death of any person, is said to commit

the offence of voluntary culpable homicide.

Section 300. Murder –

Voluntary culpable homicide is ‘murder’ unless it be one of the five

mitigated descriptions hereinafter enumerated –

First, voluntary culpable homicide by manslaughter i.e., when it is

committed on grave and sudden provocation, by causing the death

of the person who gave that provocation.

Second, voluntary culpable homicide by a person in exercise in

good faith of the right of private defence of person or property.

Third, voluntary culpable homicide by a public servant aiding or

acting in good faith for advancement of public justice.

Fourth, voluntary culpable homicide by a person without pre-

meditation in a sudden fight in the heat of passion upon a sudden

quarrel.

Fifth, voluntary culpable homicide by consent of a person above

the age of eighteen years.”

NOTE: All illustration(s), explanation(s) and proviso(s) to the afore-mentioned

Sections 299 and 300 of the Frisk Penal Code 1860 are pari materia with the

Indian Penal Code 1860.