MOOT PROBLEM (CRIMINAL LAW)

5 Years B.A. LL.B Semester X

The Democratic Republic of Amphissa is situated in Asian Subcontinent. Amphissais a

On dated 25th feb.2008, Michael, aged 29, S/O- Late John, R/O- 54/3-New Ext. Apartment,
Flemingo, and Jenny, Aged 24 yrs, D/O- Defrado, R/O- Greater Ango Colony, Flemingo,
were married according to their religious rituals. Their marital life was going smoothly. On
some occasions they used to have few verbal quarrels with each other but they reconciled
soon after the verbal fight. Two years after the marriage Jenny gave birth to a baby girl on 4 th
September 2010. The girl was named as Jennifer. After few months of the birth of Jennifer,
Jenny observed certain changes in the behaviour of Michael. Michael started behaving in a
rude way and he usually becomes violent on every petty issue without any reason. Initially
Jenny did not took the matter in a serious way but when the violent character of Michael
continued Jenny took her husband Michael to the doctor Alfered (DW1), who was a
psychiatrist. The doctor advised Michael to have control over anger and to take certain
medicines. The doctor diagnosed him to be suffering from first stage of Bipolar Mood
Disorder (Bipolar disorder, also known as manic-depressive illness, is a brain disorder that
causes unusual shifts in mood, energy, activity levels, and the ability to carry out day-to-day
tasks. There are four basic types of bipolar disorder; all of them involve clear changes in
mood, energy, and activity levels).

In spite of the medical treatment the violent behaviour of Michael continued to exist. On
slight issues Michael becomes violent and he also started to fight with Jenny and he also use
to beat him without any reason. On dated 5th December 2010 at 11am, loud noise of fighting,
crying and shouting was coming from the house of Michael. On hearing the cry Daniel(PW3)
who was neighbour of Michael went in the house of Michael and found Jenny lying
unconscious on the floor pooled in blood with various injuries on her body. At that time
Daniel saw Michael hiding a 7 inch Iron Axe in the garden. Thereafter Daniel called the
police and Jenny was taken to government hospital whereby she was treated by Dr. Andrew
(PW2). Michael was arrested by police on the same day and was kept in police custody. On
6th December, 2010 Jenny regained her consciousness and her statement was recorded by
Jaison (PW1) SHO of Flemingo Police Station. In her statement she told to the police that on
5th December at 10 am Michael came home and started fighting with her in a violent way and
when she resisted Michael attacked him with axe kept in the garden. On 8 th December Jenny
died because of the injury in her lower abdomen which proved fatal. Jennifer the daughter of
Michael was sent to Government Child Care Centre.

On the basis of the statement of Daniel and the dying declaration of Jenny FIR was lodged
against Michael vide. 733/2010 in Flemingo police station. Michael was prosecuted under
Section 302 of IPC for the murder of Jenny. During interrogation Michael stated that he was
unconscious at the time when Jenny was attacked. He told to police that when he regained his
consciousness he found Jenny lying on the floor and axe in his hand. He told to the police
that he did not know from where the axe came and he also stated that he did not know how
Jenny died.

Final Report was submitted on 3rd Feb.2011 in which Michael was charged for murder of
Jenny under Section 302 of IPC. The case (State of Pallaka vs. Michael) was tried by the
Session Court vide Session Trial No-57/2011.

The prosecution examined the material witnesses in the court as under:-

Prosecution Witness 1 (PW1)- Jaison, SHO, Flemingo Police Station and Investigating
Officer of the case deposed before the Court that the deceased Jenny in her dying declaration
blamed Accused Michael for the attack over her. PW1 also deposed before the Court that the
axe used for attack was recovered from the garden of Michael on which there was finger print
of Michael as per forensic report.

Prosecution Witness 2 (PW)3- Dr. Andrew who treated the deceased deposed before the
Court that the cause of death was due attack of the axe and the injury on abdomen proved to
be fatal. He also deposed that Jenny was in a mentally fit condition at the time of making
dying declaration.

Prosecution Witness 3 (PW3)- Daniel who was neighbour of Michael and informant of the
case in FIR deposed that he saw the unconscious body of Jenny on the floor and Michael
trying to hide the axe in the garden.
The accused Michael took the plea that he was suffering from Bipolar Mood Disorder and for
which he was being treated. He also stated that at the time when Deceased Jenny was
attacked he was suffering from the disorder and he was out of his conscience and he did not
knew the nature of the act and therefore, he could not be made liable by virtue of Section 84
of IPC on ground of insanity.

The defence examined the material witnesses in the court as under:-

Defence Witness1 (DW1)- Dr.Alfered who was treating accused Michael for Bipolar Mood
Disorder stated before the Court that accused Michael was suffering from Bipolar Mood
Disorder and the disorder was sufficient to enable a person to do any violent act under its
influence.

Defence Witness 2 (DW2)- Mathew brother of Michael who stated before the Court that on
various occasions Michael was very much aggressive and violent even for slight reasons.

On 3rd September 2014 Michael was found guilty of intentional murder of Jenny and
convicted under Section 302 IPC and sentenced to 10 years Rigorous Imprisonment.

The accused feeling aggrieved by the said judgment preferred an appeal before the High
Court of Pallaka on dated 9th October 2014 vide Criminal Appeal No. 875/2014. The High
Court relying on the version of the doctor treating the accused for Bipolar Mood Disorder
found that the accused at the time of committing crime was suffering from both legal and
medical insanity and accordingly the Court acquitted the accused from the charge of murder
on dated 5th September 2016.

State of Pallaka preferred an appeal before the Supreme Court of Amphissa against the order
of acquittal by the High Court of Pallaka on 17th of November 2016.

The case of State of Pallaka vs. Michael is listed before the Divisional Bench of Supreme
Court of Amphissa for final hearing on 10th Jan.2017. The respective counsels are expected to
submit their considerations on the following issues:-

1. Whether sufficient ground of legal insanity exists so as to exonerate the accused from
liability of murder.
2. Whether the burden of proof of legal insanity on the part of Defence is at par with
burden of proof on part of Prosecution.
3. The parties may raise any other issue on the given facts to advance arguments upon.