Moot Court Problem

Criminal Law

John and his wife Mary got into a quarrel about how the money was being spent by the family.
John alleged that Mary had been extravagant beyond limits. Mary alleged that John did not earn
enough to sustain his family properly. At one point, Mary accused John that he was thoroughly
dishonest as he did not show her all the money he earned. John got furious at this and took a
sword which he kept over the mantle-piece and began to chase her. Mary ran out of the front
door, down the steps and tripped and fell down injuring her nose. Just at that moment, John
threw the sword at her which missed her because she had fallen, but entered the abdomen of a
person who was passing in the street just in front of the house. The person died instantaneously
of ruptured spleen. John was prosecuted under Sec. 302 and 325 Indian Penal Code, 1860 and
was punished under both the sections i.e. life imprisonment and for two years imprisonment
respectively.
John has appealed to the High Court of Delhi against his conviction and sentence.
Argue on behalf of prosecution and defense.