1STC.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 Malinis 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, Malini decided to open the locker on her own 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 confronted Raj Kumar about the same. He told 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 Kumars 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. Malinis 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 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. The investigating officer in the final police 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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