Moot Problem no.

1
1. Rajesh Iyer is a 29-year-old man residing in Kurla, Mumbai with his mother Kumari Sita
Iyer and brother Vishnu Iyer. Rajesh is unmarried and is employed as a senior clerk at State
Bank of India, Fort Branch Mumbai. Rajesh looks after his mother who is bed ridden and his
younger brother who is mentally challenged. He is the sole earning member of his family, and
hence was solely responsible for taking care of his mother and brother.
2. On the fateful day of 15.12.2024, Rajesh and his brother woke up at 7.00 am as per their
usual routine. At about 7.45 a.m., one Mr. Ajay Dhuria, the milkman, rang the doorbell, and
he was attended to by Rajesh. Rajesh collected the milk and proceeded to cook breakfast and
lunch. Thereafter, he left for work at 9.30 a.m.
3. When Rajesh returned home at 7.00 p.m., he observed that the lights of the house were
switched off. On entering the house with his keys, he switched on the light and observed that
his mother was lying on the sofa. He saw a blanket covering his mother, and on unfurling it
he realised that her head was covered in blood and that she was dead. He panicked and started
screaming for his brother. When there was no response, he rushed inside the bedroom and
was shocked to find his brother lying on the bed in a pool of blood.
4. Thereafter, Rajesh called the police to inform about the incident. On arrival of the police,
spot panchanamas were prepared and the crime team prepared its report after conducting a
thorough search of the house. The bodies were sent for post mortem and the post mortem was
conducted at around 1.00 am. An FIR was registered under Section 103 of the Bharatiya
Nyay Sanhita (BNS) at Kurla P.S. against unknown persons.
5. During the course of investigation, statements of the neighbours were recorded under
Section 161 of the Bharatiya Nagari Suraksha Sanhita (BNSS). Through one such statements
of Mr. Prathamesh Kale it was brought to the notice of the police that Rajesh was short
tempered, and was constantly frustrated with the inconvenience caused to him because of his
brother being mentally challenged. Further, he was under constant pressure from his mother
to get married. The statement of Ajay Dhuria was also recorded who stated that at the time of
delivering milk in the morning, he had seen Rajesh’s mother with a blanket on her head but
had assumed that she was sleeping. One of the neighbours Mr. Sanjay Bose in his statement
mentioned that he received jokes on Whatsapp from Rajesh on 15.12.2024 at around 2.30
p.m.
6. Rajesh was suspected by the police, and was interrogated at length. Eventually, he is
alleged to have broken down and gave a statement to the police, admitting his guilt and
stating that he killed his dependents because of his frustration towards them, and because he
wanted a free life. It is also alleged that he told the police that a rod was kept by him under
the sink of the kitchen, with which he hit his mother on the head. Subsequently an iron rod
was recovered and a seizure memo was prepared. Rajesh was arrested on 18.12.2024 under
Section 103 of BNS for the double murder of his mother and brother.
7. A charge-sheet under Section 173 BNSS was filed after culmination of necessary
investigation, inclusive of the recovery of the rod at the instance of Rajesh. The post mortem
report was also filed with the chargesheet, inter alia stating that the cause of death of both the
victims was blunt force trauma on the head, and rigor mortis was well developed in the
bodies at the time of the examination.
8. It is the case of the prosecution that the accused was fed up with his mother and brother,
because of their behavior and because of the duties which were required to be performed.
Further, because of rigor mortis having been developed in their bodies, it was concluded that
the time of death was around 16-18 hours prior to the post-mortem. Hence, it was inferred
that the accused left his house in the morning post the death of the victims.
9. The Session Court framed charges against the accused under Section 103 BNS. The
accused pleaded not guilty and claimed trial. Several witnesses were examined during the
course of the trial. Statement of the accused under Section 313 of BNSS was recorded
wherein he stated that the fateful day was normal one, he woke up and proceeded to do his
daily chores. He also stated that both the victims were alive and greeted him to have a nice
day when he left for work.
10. Pursuant to the trial the Sessions Court convicted Rajesh under Section 103 BNS and
sentenced him to life imprisonment.
11. The circumstances under which the Sessions Court held the accused guilty are as follows:
a. The Sessions Court rejected the arguments made by the accused that the chain of evidence
was incomplete and that the prosecution had failed to prove its case beyond reasonable doubt.
b. The Session Court did not believe the version stated by the accused. He relied on the post
mortem report and medical jurisprudence, concluding that the death had occurred anytime
between 4.00 a.m. and 9.00 a.m. meaning thereby that the death occurred while the accused
was at home.
c. The Sessions Court held that the confession of the accused was admissible in light of the
recovery of the Iron rod at the instance of the accused.
d. The Sessions Court held that the conduct of the accused post the incident was not relevant
to prove his innocence and hence disregarded the statement of the defense witness Sanjay
Bose.
e. Lastly the Sessions Court also placed his reliance on the statement of prosecution witness
Ajay Dhuria.
12. Aggrieved by the decision of the Sessions Court, Rajesh Iyer challenged the conviction
before Hon’ble High Court of Bombay and the same is listed for final arguments.
Issues:
1. Whether the Prosecution has proved its case beyond reasonable doubt?
2. Whether the Sessions Court erred while placing heavy reliance on the post mortem report
and the statement of the Prosecution witness?
3. Whether the confession of the accused ought to have been held admissible by the Sessions
Court?

Progressive Education Society's

Modern Law College

(Accredited by NAAC with Grade A)

NOTICE
First Moot Court
Date-04/08/2025

Student are hereby informed that 1st Oral Submission of LAEC 1004 Practical Training Paper
IV - Moot Court Exercise is scheduled below:

Class Date Time Roll no.

L5 18/08/2025 7:30 - 9:30 am 1 to 20
10:00- 11:00 am 21 to 40
L5 19/08/2025 7:30 - 9:30 am 41 to 60
10:00- 11:00 am 61 to 80
L5 20/08/2025 7:30 - 9:30 am 81 to 100
10:00- 11:00 am 101 to 120
L5 21/08/2025 7:30 - 9:30 am 121 to 150
10:00- 11:00 am 151 above & Equivalence Student

Dr. Ananya Bibave

Principal