PROPOSITION-1

Abhay and Sunita were married according to custom. After one year of marriage, Abhay's
behavior started changing. He started becoming violent without any reason. Dr. Atul, who was a
psychiatrist, diagnosed him to be suffering from the first stage of Bipolar Mood Disorder and
prescribed him some medicines. In spite of the medical treatment, the violent behavior of Abhay
continued to exist. On slight issues, Abhay would become violent and used to beat her without
any reason. On 5th December 2021 at 10 am, loud noise of fighting and crying was coming from
the house of Abhay. On hearing the cry, Nakul, who was a neighbor of Abhay, went to their
house and found Sunita lying unconscious on the floor covered in blood with various injuries on
her body. At that time, Nakul saw Abhay hiding a 6-inch blood-stained knife in the garden.
Sunita died because of the multiple injuries in her chest and lower abdomen. Nakul called the
police and Abhay was arrested and was taken into police custody. A Final Report was submitted
in which Abhay was charged for murder of Sunita under Section 103 of the Bharatiya Nyaya
Sanhita. During the trial, Abhay stated that he was unconscious at the time when he attacked
Sunita and when he regained his consciousness, he found Sunita lying on the floor with a knife in
his hand. He told the police that he did not know from where the knife came and he also stated
that he did not know how Sunita died. Therefore, he could not be made liable by virtue of
Section 22 of the Bharatiya Nyaya Sanhita on the grounds of insanity. Dr. Atul, who was treating
accused Abhay for Bipolar Mood Disorder, stated before the Court that accused Abhay was
suffering from Bipolar Mood Disorder and the disorder was sufficient to enable a person to do
any violent act under its influence.
 PROPOSITION-2

Vijay Deshmukh, a 40-year-old businessman based in Nagpur, was running a flourishing textile
business. His business success was the result of years of hard work and rivalry with other traders,
particularly Sunil Patil, a prominent competitor. The rivalry between Vijay and Sunil was
well-known in the local market. Over the past few months, tensions between the two escalated
after Vijay allegedly undercut Sunil’s prices in a major tender bid, causing Sunil to lose a
significant contract.
On the night of August 10, 2023, Sunil Patil was found dead at his farmhouse located on the
outskirts of Nagpur. The immediate cause of death was multiple stab wounds. A kitchen knife
stained with Sunil's blood was recovered from the scene. A few days prior to the incident, Vijay
Deshmukh was seen visiting the farmhouse under the pretext of discussing a possible business
deal.

CCTV footage from the nearby street shows Vijay’s car entering the premises around the time of
the murder, but there is no footage of Vijay leaving. The police investigation revealed that
Sunil’s cellphone was used to call Vijay’s number shortly before the incident.
The police arrested Vijay Deshmukh after several witnesses reported seeing him at Sunil’s
farmhouse on the night of the murder. During the investigation, Vijay admitted to being at the
farmhouse but denied any involvement in the murder. He claimed that he went there to reconcile
their differences and discuss business, but Sunil became aggressive and attacked him during the
conversation. In self-defense, Vijay claims he retaliated and fled the scene in a panic.

A forensic examination confirmed that the knife found at the scene was the murder weapon.
However, no fingerprints were found on the handle, leading the prosecution to believe that the
murderer wore gloves. Blood spatter analysis placed Vijay in close proximity to Sunil at the time
of the murder.

The prosecution argues that Vijay had a strong financial motive to eliminate Sunil as a
competitor. Several business associates testified that Vijay had expressed frustration about
Sunil’s presence in the textile market and had made remarks about how things would be better
without Sunil. Additionally, Vijay’s financial records show a recent downturn, while Sunil’s
business was flourishing.

Vijay Deshmukh has been charged under Section 101 of the Bharatiya Nyaya Sanhita, 2023 for
the murder of Sunil Patil. The prosecution asserts that the murder was premeditated, pointing to
Vijay’s prior animosity towards Sunil, his presence at the scene of the crime, and the
circumstantial evidence linking him to the murder weapon.

Vijay's defense is that the killing occurred in the exercise of his right to private defense under the
relevant provisions of the Bharatiya Nyaya Sanhita, as Sunil allegedly attacked him first. He
further claims that there was no premeditation, and the incident escalated out of hand during a
heated argument.