Moot Court Problem: State of Uttar Pradesh (Prosecution) V/S Jaswant Mishra (Accused)

Moot Court Problem: State of Uttar Pradesh (Prosecution) V/S Jaswant Mishra (Accused)

IN THE HON’BLE COURT OF SESSIONS, KANPUR NAGAR
(Original Criminal Jurisdiction)
Moot Court Case No. – 2 of 2026
Date: 15 February 2026
State of Uttar Pradesh ……… Prosecution
V/S
Jaswant Mishra ……… Accused
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STATEMENT OF FACTS

1.    Jaswant Mishra, aged about 28 years, is a resident of Kanpur Nagar and works as a site supervisor in a private construction company.
2.    Rahul Dubey, aged about 26 years, is a local resident and was involved in negotiations with the accused regarding purchase of a residential plot situated in Kalyanpur area of Kanpur Nagar.
3.    On 15 July 2025, at about 7:30 PM, Rahul Dubey went to the office of the accused to demand refund of advance money allegedly paid in relation to the said plot.
4.    During the conversation, a heated argument took place between the accused and the victim regarding the transaction amount and alleged cheating.
5.    According to the prosecution, in the course of the quarrel, the accused picked up an iron rod lying nearby and struck Rahul Dubey on his head with great force.
6.    Rahul Dubey fell unconscious and was immediately taken to District Hospital Kanpur, where the doctors declared the injury to be grievous in nature, involving serious head trauma.
7.    The father of the victim lodged a First Information Report (FIR) on the same night at Police Station Govind Nagar, Kanpur Nagar.
8.    The accused was arrested on the next day. During police interrogation, the accused stated that:

• I.    The incident occurred due to a sudden fight,
• II.    Rahul Dubey had first attempted to assault him, and
• III.    The act was done in self-defence, without any intention to cause death.

9.    The medical report indicates the possibility of permanent neurological damage to the victim.
10.    After completion of investigation, the police filed a charge-sheet against the accused before the Sessions Court.
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FACT IN ISSUE

1.    Whether the act of the accused amounts to attempt to murder under the Bharatiya Nyaya Sanhita, 2023?
2.    Whether the accused can claim the right of private defence under the circumstances of the case?
3.    Whether the injury caused to the victim can be categorized as grievous hurt under law?
4.    Whether the incident was a result of sudden provocation and absence of mens rea?
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RELEVANT LAWS

Bharatiya Nyaya Sanhita, 2023

• I.    Section 109 – Attempt to Murder
• II.    Section 118 – Voluntarily Causing Grievous Hurt
• III.    Section 115(2) – Causing Hurt by Dangerous Weapon

Bharatiya Sakshya Adhiniyam, 2023

Constitution of India – Article 21
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PRAYERS

On behalf of the Prosecution (State of U.P.)
I.    To hold the accused guilty for committing offences punishable under relevant provisions of the Bharatiya Nyaya Sanhita, 2023.
II.    To award appropriate punishment in accordance with law.
III.    To pass any other order deemed fit in the interest of justice.
On behalf of the Accused (Jaswant Mishra)
1.    To acquit the accused from all the charges framed against him.
2.    To extend the benefit of right of private defence or sudden fight.
3.    To pass any other order deemed fit and proper in the interest of justice.
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TIME ALLOCATION FOR ORAL ARGUMENTS

I.    Prosecution Arguments: 30 Minutes
II.    Defence Arguments: 30 Minutes
III.    Rebuttal (by Prosecution): 10 Minutes
IV.    Sur-Rebuttal (by Defence): 5 Minutes