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On December 5, 2024, Dipesh Kapadia attacked Suraj Rana with a glass bottle during an argument, resulting in the accidental death of Dheeraj, who intervened to protect Rana. Dipesh was arrested and charged with murder, claiming he did not intend to kill Dheeraj but only to injure Rana. The document outlines key legal issues regarding the nature of Dipesh's intent, the classification of the act under the law, and the implications of Dheeraj's death in relation to the charges.

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35 views2 pages

Proposition

On December 5, 2024, Dipesh Kapadia attacked Suraj Rana with a glass bottle during an argument, resulting in the accidental death of Dheeraj, who intervened to protect Rana. Dipesh was arrested and charged with murder, claiming he did not intend to kill Dheeraj but only to injure Rana. The document outlines key legal issues regarding the nature of Dipesh's intent, the classification of the act under the law, and the implications of Dheeraj's death in relation to the charges.

Uploaded by

achiever2842
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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MOOT COURT COMPETITION

SAMVIDHI 7.0

On the night of December 5, 2024, at around 9 PM, Dipesh


Kapadia and Suraj Rana, who were both employed at a local
factory in Chennai, had a heated argument at a nearby bar.
Dipesh Kapadia accused Suraj Rana of spreading rumors about
him at work, which had led to tension between them. The
argument escalated, and in a fit of anger, Dipesh Kapadia (who
was drunk) took a glass bottle and charged towards Suraj Rana.
Upon seeing this another employee Dheeraj ran towards Rana to
save him from the blow and instead got hurt by the bottle. He
immediately fell unconscious and started bleeding.

The bar manager, Suraj Rana and a few bystanders immediately


rushed to Dheeraj’s aid and called for an ambulance. Dheeraj
was taken to the hospital but was declared dead on arrival due to
a severe head injury caused by the glass bottle. He is survived
by a wife and a 10 year old daughter.

The police were informed, and Dipesh Kapadia was arrested and
charged with murder under Section 101 of the BNS.
During interrogation, Dipesh kapadia claimed that he had not
intended to kill Dheeraj, but only wanted to injure Suraj Rana.
He argued that the blow was a result of the heat of the moment
and that he did not foresee the severity of the injury.
ISSUES TO BE FRAMED:

1. Whether Dipesh Kapadia’s act of striking Dheeraj on the head


with a glass bottle amounts to murder under Section 101 of the
BNS or whether it can be categorized under Section 100
(Culpable homicide not amounting to murder)?

2. Whether the act of striking Suraj rana on the head with the
glass bottle shows a clear intention to cause death, or whether it
was an act done with knowledge that it is likely to cause death,
as per Section 101 of the BNS?

3. Whether Dipesh Kapadia’s defense of acting in the heat of


passion, without
premeditation, can be considered under the exception to murder?

4. Whether the fact that Dheeraj died from the injuries inflicted
by Dipesh KApadia can be classified as a direct consequence of
the attack, thereby establishing the ‘cause of death’ under
Section 101 of the BNS?

5. Whether the death of Dheeraj was a result of an unlawful act


that was done withthe intention of causing harm, thereby
attracting Section 101 of the BNS, or if the act was done in self-
defense (if applicable in this context) as per Sections 34-40 of
the BNS?

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