Moot Problem-1

State vs. Jignesh Patel

The deceased Hemant was native of nabipur village from wealthy

family. On 28/12/2008 village boys gathered at desai sheth’s residence
to watch T20 cricket match. As there was no cable connection in village
and there was no live telecast of match, they went to desaisheth’s
resident to watch live match. During Interval of match, Hemant and his
friend Jignesh went somewhere near his farm. Then jignesh came to
watch the match again shortly before the end of match.
As Hemant did not come home despite the match being over, hemant’s
father started searching for Hemant. At the time of incident, Hemant
also had mobile phone on which his father tried to contact the phone
but could not be contacted. There was also checked towards their farm.
On 21/12/2008, they also checked the relatives but there was no trace
of Hemant.Hemant’s father also received information through the boys
who were present to watch the match in the night of the incident that
jignesh and Hemant went to the padar of the village during the interval
of the match. So Hemant’s father went to jignesh’s house and asked
about Hemant but jignesh told that he didn’t know anything about
Hemant. With no trace of Hemant existence, despite searching for two
days, hemant’s uncle went to the nearest police station and reported
that Hemant is missing.
In this report, they also gave the description of hemant’s clothes and
the details of mobile phone which was with Hemant. Even though
hemant’s disappearance was reported to all the police stations in the
district but no trace of Hemant is found.
Finally, on 22/12/2008, hemant’s father filed application in the DSP
office to trace his son. So LCB was assigned to investigate Hemant. The
LCB police officer has written to the mobile phone company that the
mobile phone the deceased was with should be activated if the mobile
phone is switched on. After two months of that on 25/2/2009 LCB
received information from BSNL that the mobile phone instrument
which was owned by deceased is with rajendrabhai in Amod Taluka.
Based on that, the police office of LCB got the information that the
mobile phone belonging to rejendrabhai was sold by jigneshbhai. So
jigneshbhai was interrogated. in this introgation, jigneshbhai stated
that he was in love with a girl named swati living in nabipur. And also
stated “ Hemant was also trying to have a love affair and since Hemant
was rich, I felt that Hemant would take swati away from me.” so I
Decided to take him out of the way and then take him outside to the
sugarcane field while watching T20 cricket match at night. There, he
was injured with aa sharp weapon and strangled with a wire to die.
Then after the match was over I went home and slept. I went to my
relatives house from nabipur and sold this mobile phone to
rajendrabhai.
And jigneshbhai also stated that I am ready to show you the place
where Hemant was dumped in sugarcane field. Based on the
information given by accused jignesh, human skeleton bones were
found in scattered condition along with blood stained clothes from his
farm near nabipur. Bones of the deceased were collected and post
mortem done and sent for DNA, but DNA could not be done. this fact
reported to the father of deceased and the father of deceased
identified his son on the basis of the clothes lying on the spot. Then the
father of filed FRI in the police station. after completion of the
investigation of the crime, charge-sheet were produced as there were
sufficient evidence against the accused. There was no eye witness in
this case so this is based on circumstantial evidence.