Lawful Self Defense Justification

r there any more cases which r similar to my facts?

Jhulera is a village in Daliya district, the capital of Purva Pradesh in the country of Indiana. Indiana is a sovereign democratic republic with a common law system and its own criminal and evidence laws. *. Mr. Rakesh and Mr. Bhushan are neighbours, having adjacent bungalows and living in Jhulera village. Mr. Rakesh is the elected Sarpanch (village head), while Mr. Bhushan is a police SubInspector who is presently posted in the local police station of his own village on medical grounds owing to his mother’s ill health. *. Relations between the two neighbors have been sour for the past couple of years, with their families frequently quarreling over plot boundaries. Sometimes, these disputes have escalated into fistfights, causing serious injuries and threats to destroy each other’s families. Villagers have had to intervene to de-escalate the situation. Despite this, their influential positions have kept the incidents out of police records. *. Apart from the usual feuds between Mr. Rakesh and Mr. Bhushan, the villagers were heavily troubled because of a rising drug problem that had majorly affected the youth of Jhulera. Multiple families were battling the issue while their children found themselves addicted to the use of marijuana, which was being illegally sold across the village. Jhulera shared its boundary with another village of the neighboring state and it was strongly suspected that the marijuana was being smuggled from the neighboring state by some affluent persons. The police and the village administration had been trying hard to curb the drug menace but to no avail. They had even set up a border check-post at the village boundary, but it was suspected that the boundary was being circumvented and was of no use. The entire village was set to go for local elections in the year * and with the elections just a year away, tackling the drug issue was a key agenda, put forth in the manifestos and speeches of various local leaders who were likely to contest the elections. *. On the morning of the 12th of July *, there was a usual quarrel between Mr. Rakesh and Mr. Bhushan. This time, however, the matter escalated to a level where both of them pointed MM SCLC INTRA-COLLEGIATE MOOT COMPETITION *-* their revolvers at each other. Mr. Bhushan, being in service, had a service revolver while Mr. Rakesh was also in possession of a licensed weapon. Villagers, as usual, intervened and tried to de-escalate the situation. While furiously staring at each other, Mr. Rakesh and Mr. Bhushan put their weapons down and went ahead with their daily chores. *. At around *:* a.m., Mr. Bhushan allegedly received a tip-off that a car carrying a contraband of marijuana was about to pass the village border at about *.* a.m. The village border check-post was about * kilometers from the police station and Mr. Bhushan promptly scrambled to intercept the contraband. Considering the urgency, he did not inform any superior officer and reached the check-post with only a constable, who was the driver of his police jeep. *. Upon reaching the check-post, Mr, Bhushan was waiting alongside a set of barricades blocking the road. Just about at *:* a.m. a multi-passenger vehicle came forth from the neighboring village. Mr. Bhushan was surprised to see that the vehicle was being driven by none other than his neighbor Mr. Rakesh. *. Mr. Bhushan stopped the vehicle and demanded that Mr. Rakesh open the boot of his vehicle for checking. Mr. Rakesh declined stating that he was not bound to listen to a subordinate officer and tried to signal Mr. Bhushanto step aside. Mr. Bhushan insisted that the Sarpanch let his car be checked. There were two other men who were employed on the border check-post who intervened and requested Mr. Rakesh to open his car boot, while ensuring that they will be the ones who will check the vehicle and not Mr.Bhushan. *. Mr. Rakesh opened the car boot and the two workers stumbled upon a container. Just when the men were about to open the lid of the container, Mr. Rakesh suddenly hit the accelerator and tried to flee away. Mr. Bhushan instantly drew his service revolver and fired * rounds at the vehicle, one of which hit Mr. Rakesh in the chest and he collapsed on the wheel. The vehicle rammed into a pole and the persons on the check post along with Mr. Bhushan and his driver rushed towards the car. All of them found Mr. Rakesh lying in a pool of blood and rushed him to the village hospital, where he died soon after. *. Mr. Bhushan filed a preliminary report wherein it was stated that Mr. Rakesh was found to be carrying around * kgs of marijuana in his vehicle and when he tried flee away, Mr. Bhushan fired at him to stop him from evading arrest. MM SCLC INTRA-COLLEGIATE MOOT COMPETITION *-* *. The entire village suspected foul-play on part of Mr. Bhushan and thought of the episode as one act of vengeance. Mrs. Radhika, Mr. Rakesh’s wife filed a First Information Report with the local police station alleging that this was a premeditated murder and Mr. Bhushan had used his position to portray the entire episode as a drug bust. With the villagers coming out on the street, the higher authorities suspended Mr. Bhushan and were investigating the matter. *. During the course of investigation, Mr. Bhushan was interrogated multiple times as to how he got the information of the contraband, but he claimed that he was not bound to disclose the same. He produced the statements of two Panchas, i.e., the two check-post workers who had signed the seizure memo. The Panchas, namely, Mr. Mahesh and Mr. Mayur were found to have been actively campaigning for one Mr. Ajay, who was Mr. Rakesh’s political opponent. There was a major contradiction in the statements of Mr. Mahesh and Mr. Mayur, as to the quantity of the marijuana seized from Mr. Rakesh. *. The police, based on the investigation conducted, filed a charge sheet against Mr. Bhushan, Mr. Mahesh and Mr. Mayur for offences under Sections *, *, * and r/w Section * (*) of the Indiana Nyaya Sanhita, *. *. During the trial, Mr. Bhushan claimed that he was exempt from disclosing the source of his information while also claiming that since he was acting under lawful authority, the death of Mr. Rakesh was merely an accident and Mr. Bhushan’s case, therefore fell under the general exceptions. *. The prosecution on the other hand, put forth a case that there was no tip- off of any kind to Mr. Bhushan and he had planned the entire episode withMr. Mahesh and Mr. Mayur. The trial court, based on circumstantial evidence, convicted Mr. Bhushan for the offence under section * and Mr. Mayur and Mr. Mahesh for the offences under section * & * of the Indiana Nyaya Sanhita, *. *. Aggrieved by the decision, the convicts have filed an appeal before the Appellate Court and the appellate court has framed the following issues: a. Whether the conviction of Mr. Bhushan, Mr. Mayur & Mr. Mahesh is liable to be set aside? b. Whether Mr. Bhushan was exempt from disclosing the source of information which led him to execute the alleged drug bust even in a case where the entire plot appears to have MM SCLC INTRA-COLLEGIATE MOOT COMPETITION *-* been concocted? c. Whether the incident of Mr. Rakesh dying by Mr. Bhushan’s bullet falls within the general exceptions as laid out under the Indiana Nyaya Sanhita, *. Note: *. All names, references, and events in this moot proposition are fictional and created solely for academic purposes. Any resemblance to actual names or events is purely coincidental. *. The participants may refer to and rely on all laws, rules, regulations, and legislation in force in India as of the date of publication of this moot proposition. find case replica of this

from the appallent's side

draft final advance arguement for memorandum of appeal

Jhulera is a village in Daliya district, the capital of Purva Pradesh in the country of Indiana. Indiana is a sovereign democratic republic with a common law system and its own criminal and evidence laws. *. Mr. Rakesh and Mr. Bhushan are neighbours, having adjacent bungalows and living in Jhulera village. Mr. Rakesh is the elected Sarpanch (village head), while Mr. Bhushan is a police SubInspector who is presently posted in the local police station of his own village on medical grounds owing to his mother’s ill health. *. Relations between the two neighbors have been sour for the past couple of years, with their families frequently quarreling over plot boundaries. Sometimes, these disputes have escalated into fistfights, causing serious injuries and threats to destroy each other’s families. Villagers have had to intervene to de-escalate the situation. Despite this, their influential positions have kept the incidents out of police records. *. Apart from the usual feuds between Mr. Rakesh and Mr. Bhushan, the villagers were heavily troubled because of a rising drug problem that had majorly affected the youth of Jhulera. Multiple families were battling the issue while their children found themselves addicted to the use of marijuana, which was being illegally sold across the village. Jhulera shared its boundary with another village of the neighboring state and it was strongly suspected that the marijuana was being smuggled from the neighboring state by some affluent persons. The police and the village administration had been trying hard to curb the drug menace but to no avail. They had even set up a border check-post at the village boundary, but it was suspected that the boundary was being circumvented and was of no use. The entire village was set to go for local elections in the year * and with the elections just a year away, tackling the drug issue was a key agenda, put forth in the manifestos and speeches of various local leaders who were likely to contest the elections. *. On the morning of the 12th of July *, there was a usual quarrel between Mr. Rakesh and Mr. Bhushan. This time, however, the matter escalated to a level where both of them pointed MM SCLC INTRA-COLLEGIATE MOOT COMPETITION *-* their revolvers at each other. Mr. Bhushan, being in service, had a service revolver while Mr. Rakesh was also in possession of a licensed weapon. Villagers, as usual, intervened and tried to de-escalate the situation. While furiously staring at each other, Mr. Rakesh and Mr. Bhushan put their weapons down and went ahead with their daily chores. *. At around *:* a.m., Mr. Bhushan allegedly received a tip-off that a car carrying a contraband of marijuana was about to pass the village border at about *.* a.m. The village border check-post was about * kilometers from the police station and Mr. Bhushan promptly scrambled to intercept the contraband. Considering the urgency, he did not inform any superior officer and reached the check-post with only a constable, who was the driver of his police jeep. *. Upon reaching the check-post, Mr, Bhushan was waiting alongside a set of barricades blocking the road. Just about at *:* a.m. a multi-passenger vehicle came forth from the neighboring village. Mr. Bhushan was surprised to see that the vehicle was being driven by none other than his neighbor Mr. Rakesh. *. Mr. Bhushan stopped the vehicle and demanded that Mr. Rakesh open the boot of his vehicle for checking. Mr. Rakesh declined stating that he was not bound to listen to a subordinate officer and tried to signal Mr. Bhushanto step aside. Mr. Bhushan insisted that the Sarpanch let his car be checked. There were two other men who were employed on the border check-post who intervened and requested Mr. Rakesh to open his car boot, while ensuring that they will be the ones who will check the vehicle and not Mr.Bhushan. *. Mr. Rakesh opened the car boot and the two workers stumbled upon a container. Just when the men were about to open the lid of the container, Mr. Rakesh suddenly hit the accelerator and tried to flee away. Mr. Bhushan instantly drew his service revolver and fired * rounds at the vehicle, one of which hit Mr. Rakesh in the chest and he collapsed on the wheel. The vehicle rammed into a pole and the persons on the check post along with Mr. Bhushan and his driver rushed towards the car. All of them found Mr. Rakesh lying in a pool of blood and rushed him to the village hospital, where he died soon after. *. Mr. Bhushan filed a preliminary report wherein it was stated that Mr. Rakesh was found to be carrying around * kgs of marijuana in his vehicle and when he tried flee away, Mr. Bhushan fired at him to stop him from evading arrest. MM SCLC INTRA-COLLEGIATE MOOT COMPETITION *-* *. The entire village suspected foul-play on part of Mr. Bhushan and thought of the episode as one act of vengeance. Mrs. Radhika, Mr. Rakesh’s wife filed a First Information Report with the local police station alleging that this was a premeditated murder and Mr. Bhushan had used his position to portray the entire episode as a drug bust. With the villagers coming out on the street, the higher authorities suspended Mr. Bhushan and were investigating the matter. *. During the course of investigation, Mr. Bhushan was interrogated multiple times as to how he got the information of the contraband, but he claimed that he was not bound to disclose the same. He produced the statements of two Panchas, i.e., the two check-post workers who had signed the seizure memo. The Panchas, namely, Mr. Mahesh and Mr. Mayur were found to have been actively campaigning for one Mr. Ajay, who was Mr. Rakesh’s political opponent. There was a major contradiction in the statements of Mr. Mahesh and Mr. Mayur, as to the quantity of the marijuana seized from Mr. Rakesh. *. The police, based on the investigation conducted, filed a charge sheet against Mr. Bhushan, Mr. Mahesh and Mr. Mayur for offences under Sections *, *, * and r/w Section * (*) of the Indiana Nyaya Sanhita, *. *. During the trial, Mr. Bhushan claimed that he was exempt from disclosing the source of his information while also claiming that since he was acting under lawful authority, the death of Mr. Rakesh was merely an accident and Mr. Bhushan’s case, therefore fell under the general exceptions. *. The prosecution on the other hand, put forth a case that there was no tip- off of any kind to Mr. Bhushan and he had planned the entire episode withMr. Mahesh and Mr. Mayur. The trial court, based on circumstantial evidence, convicted Mr. Bhushan for the offence under section * and Mr. Mayur and Mr. Mahesh for the offences under section * & * of the Indiana Nyaya Sanhita, *. *. Aggrieved by the decision, the convicts have filed an appeal before the Appellate Court and the appellate court has framed the following issues: a. Whether the conviction of Mr. Bhushan, Mr. Mayur & Mr. Mahesh is liable to be set aside? b. Whether Mr. Bhushan was exempt from disclosing the source of information which led him to execute the alleged drug bust even in a case where the entire plot appears to have MM SCLC INTRA-COLLEGIATE MOOT COMPETITION *-* been concocted? c. Whether the incident of Mr. Rakesh dying by Mr. Bhushan’s bullet falls within the general exceptions as laid out under the Indiana Nyaya Sanhita, *. Note: *. All names, references, and events in this moot proposition are fictional and created solely for academic purposes. Any resemblance to actual names or events is purely coincidental. *. The participants may refer to and rely on all laws, rules, regulations, and legislation in force in India as of the date of publication of this moot proposition. laws of india will be applicable here ....give all laws n provisions n judgements involved in issue * from appellants side