The question (6 marks)
An accused, on discovering his wife with another man, picks up a stick lying in the room and strikes the man dead within minutes. At his trial the prosecution relies on the decision in K.M. Nanavati v State of Maharashtra to defeat any plea of grave and sudden provocation. (a) Which part of that decision binds the trial court, and which part does not? (b) How would you argue the case for the accused without asking the court to disregard the decision? (6 marks)
MU Module III, head 3.1; pack ch. 03, case-law technique.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Selected Readings, Moots and Constitutional Provisions of Legal Writing and Legal Language.
Authorities you will need
- K.M. Nanavati v State of Maharashtra
- Indian Penal Code, s. 300 Exception 1
- Maneka Gandhi v Union of India
- Constitution of India, article 141
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.