-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION
--
Appellant-IN THE HON’BLE IN THE HON’BLE BOMBAY HIGH COURT BOMBAY HIGH COURT
Under Section 3!"#$ o% t&e
Under Section 3!"#$ o% t&e Code o% Cri'in() Proced*re
Code o% Cri'in() Proced*re
IN THE MATTER O+ IN THE MATTER O+
SOMNATH RA,I
SOMNATH RA,I SATPUTE./////
SATPUTE./////////.APPELLANT
////.APPELLANT
..
STA
STATE O
TE O+ BA0ARASHT
+ BA0ARASHTRA/////////RESPON0ENT
RA/////////RESPON0ENT
Submitted By Submitted By Saloni Agrawal Saloni Agrawal Shubham Kumar Sharma Shubham Kumar Sharma Karan Parihar Karan Parihar Institute of Law, Nirma University Institute of Law, Nirma University Ahmedabad, u!arat Ahmedabad, u!arat
-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION -- Appellant-TABLE O+ CONTENTS TABLE O+ CONTENTS LIST O+ ABBREIATION//////////./////.///.///../....ii LIST O+ ABBREIATION//////////./////.///.///../....ii IN0E1 O+ AUTHORITIES.////////.//.///////.////.//i2 IN0E1 O+ AUTHORITIES.////////.//.///////.////.//i2 STATEMENT O+ ,URIS0ICTION ////////..///.///.///../....i STATEMENT O+ ,URIS0ICTION ////////..///.///.///../....i STA
STATEMENT O+ TEMENT O+ +A+ACTS/////////.//////.///./////...CTS/////////.//////.///./////....i.i STA
STATEMENT O+ ISSUESTEMENT O+ ISSUES//////////////////////..//iii//////////////////////..//iii SUMMARY O+ ARGUMENTS/...//./////.///////./////...4-# SUMMARY O+ ARGUMENTS/...//./////.///////./////...4-# ARGUMENTS A0ANCE0/////////////////////...3-#5 ARGUMENTS A0ANCE0/////////////////////...3-#5
647 THE ACCUSE0 AS NOT RIGHTLY CONICTE0 +OR THE O++ENCE 647 THE ACCUSE0 AS NOT RIGHTLY CONICTE0 +OR THE O++ENCE
PUNISHABLE UN0ER SECTION 39# O+ IPC PUNISHABLE UN0ER SECTION 39# O+ IPC
6II7 THE
6II7 THE ,U0GMENT PASSE0 BY THE ,U0GMENT PASSE0 BY THE TRIAL COURT TRIAL COURT AS NOT APPROPRIATEAS NOT APPROPRIATE
PRAYER..///////////..////////////////////39 PRAYER..///////////..////////////////////39
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
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-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION -- Appellant-LIST O+ ABBREIATIONS LIST O+ ABBREIATIONS S
S. . NNoo.. AA::::rree22ii((ttiioonn ++**))) ) ++oorr'' )
)** ++ AAnndd
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"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
/ /
-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION -- Appellant-IN0E1 O+ AUTHORITIES IN0E1 O+ AUTHORITIES ,U0ICIAL
,U0ICIAL 0ECISIONS0ECISIONS
4.
4. Abdullah Abdullah v* v* Emperor Emperor , (6 .riL5 6/*, (6 .riL5 6/* #.
#. Ashok Ashok Kumar Kumar Uttamchand Uttamchand ShahShah v*v* Patel Patel Mohmad Mohmad Asmal Asmal Chanchad Chanchad ,, AI%)888u!*)97*
AI%)888u!*)97* 3.
3. Balak Ram v* Balak Ram v* State of U.P.State of U.P. and and Mohd. Saeed Khan and !rs Mohd. Saeed Khan and !rs* v** v* State of U.P State of U.P *,*, )860.riL5)074*
)860.riL5)074* !.
!. Balb"r S"ngh Balb"r S"ngh v* v* State of Pun#abState of Pun#ab, AI%(994S./(()*, AI%(994S./(()* ;.
;. Baldeo and Anr. Baldeo and Anr. v* v* State of U.P State of U.P *, (990.riL5(474**, (990.riL5(474* <.
<. Bas"r S"ngh and !rs. Bas"r S"ngh and !rs. v* v* State of Ra#asthanState of Ra#asthan, )880.riL5(3(4*, )880.riL5(3(4* .
. Bhanudas Bandu $h"te Bhanudas Bandu $h"te v* v* State of MaharashtraState of Maharashtra, (9)/?0@AB%4)*, (9)/?0@AB%4)* 8.
8. C. Chenga ReddC. Chenga Redd and !thersand !thers v*v* State of Andhra Pradesh%State of Andhra Pradesh% )884.riL5/04)* )884.riL5/04)* 5.
5. &amodaran &amu v* &amodaran &amu v* State%State% )889?)@KL5(37*)889?)@KL5(37*
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
0 0
-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION
--
Appellant-49.
49.'anesh (ada)'anesh (ada) v* v* State of U.P State of U.P *, (998.riL5?N$.@)997?All@**, (998.riL5?N$.@)997?All@* 44
44.. 'anpat 'anpat v* v* $he State of Maharashtra%$he State of Maharashtra% (9)(Bom.%?.ri@/33(9)(Bom.%?.ri@/33** 4#.
4#.'o)"nd *ar" S+am and !rs'o)"nd *ar" S+am and !rs* v** v* State of U.P State of U.P *, *, (9))(9))?4@A&534/*?4@A&534/* 43.
43. *anumant *anumant 'o)"nd 'o)"nd ,argund,argundkar kar v*v* $$he he SStatate te oof f MaMadhdha a PrPradadesesh%h% )83/.riL5)(8*
)83/.riL5)(8* 4!.
4!. Kart"k Malhar Kart"k Malhar v* v* State of B"har State of B"har , )884?)@AL&?.ri@6/*, )884?)@AL&?.ri@6/* 4;.
4;. Kr"shan and An Kr"shan and Anr r * v** v* State of Ra#asthanState of Ra#asthan, )884?(@:LN)/0*, )884?(@:LN)/0* 4<.
4<. Kul+ant S"ngh Kul+ant S"ngh v* v* State of Pun#abState of Pun#ab, ?(990@8S..(36*, ?(990@8S..(36* 4.
4. aman aman v* v* State of MaharashtraState of Maharashtra, AI% (99( S. (86/ ?)@*, AI% (99( S. (86/ ?)@* 48.
48. Md. Badarudd"n A Md. Badarudd"n Ahmed hmed v* v* State of Assam%State of Assam% )878.riL5)764* )878.riL5)764* 45.
45. Madhu Madhu BalaBala v*v* StStatate e /&/&elhelh" " AdAdm"m"n"n"strstratat"o"on0n0, , )8)87878?)?)6@6@&%&%5)5)67 67 )889.riL5689*
)889.riL5689* #9.
#9. Mona &as Mona &as v* v* State of AssamState of Assam, (9)0.riL5)690*, (9)0.riL5)690* #4.
#4. Mukanda and !rs Mukanda and !rs* v** v* StateState, )836.riL5))76*, )836.riL5))76* ##.
##. Munsh" Prasad Munsh" Prasad v* v* State of B"har State of B"har , (99) ?0@ PL5% )73*, (99) ?0@ PL5% )73* #3.
#3. Paparambaka Paparambaka Rosamma Rosamma 1 1 !rs!rs* v* v** SSttaatte e oof f AAnnddhhra ra PPraraddeeshsh,, )888?/@A.%()08?S.@*
)888?/@A.%()08?S.@* #!.
#!. Paras Kumhar Paras Kumhar v* v* State of B"har State of B"har , (99)?/@PL5%/76*, (99)?/@PL5%/76* #;.
#;. Ram K"shore Ram K"shore v* v* StateState, )889 .riL5 , )889 .riL5 N$. ))7?&elhi@*N$. ))7?&elhi@* #<.
#<. Rama Shankar son o Rama Shankar son of ,anaee /2n 3a"l0f ,anaee /2n 3a"l0 v* v* State of U.P State of U.P *, (997 .riL5)(8?)/(@**, (997 .riL5)(8?)/(@* #.
#. Sah"b S"nghSah"b S"ngh v* v* State of State of Pun#ab Pun#ab, AI%)886S.(0)6*, AI%)886S.(0)6* #8.
#8.Sha"kh Raf"4 and Anr.Sha"kh Raf"4 and Anr. v* v* State of Maharashtra%State of Maharashtra% (997.riL5)38(?S.@*(997.riL5)38(?S.@* #5.
#5. S"dd"4ue Munsh"S"dd"4ue Munsh" v* v* $he State%$he State% )88( )( BL& ?A&@38* )88( )( BL& ?A&@38* 39.
39.State of MaharashtraState of Maharashtra v* v* San#a S5o &"gambarrao Ra#hans%San#a S5o &"gambarrao Ra#hans% AI%(993S. 86*AI%(993S. 86* 34.
34. State of Ra#asthanState of Ra#asthan v* v* Smt. Kalk" 1 Anr Smt. Kalk" 1 Anr , AI%)87)S.)/89*, AI%)87)S.)/89* 3#.
3#. State of U.P.State of U.P. v* v* Ramesh Prasad M"shra and Ramesh Prasad M"shra and Anr Anr *, )884=IA&?S.@(98**, )884=IA&?S.@(98* 33.
33.SSuuggaall" " SSaannkkaararammmma a 1 1 !!rrs.s. v*v* 66aannnna a 66eenknkatateses+a+arlrlu u 1 1 !r!rs.s.,, (990.riL5(370*
(990.riL5(370* 3!.
3!.Sed Akbar Sed Akbar v* v* State of Karnataka%State of Karnataka% AI% )868 S. )707* AI% )868 S. )707* 3;.
3;. $hankappan Mohanan and !rs.$hankappan Mohanan and !rs. v* v* State of KeralaState of Kerala, IL%)889?(@Kerala((*, IL%)889?(@Kerala((* 3<.
3<. 6asanta S5o Shra+an 'a#bh"e6asanta S5o Shra+an 'a#bh"e v* v* $he State of $he State of Maharashtra trough PS!%Maharashtra trough PS!% (996?)98@B$"L%(()0*
(996?)98@B$"L%(()0*
0IGESTS
0IGESTS==LE1ICONSLE1ICONS 4.
4. .*&* I#L&, .$""#N'A%C $N LA: $ #=I&#N.# A.', )76(, &#LI LA:.*&* I#L&, .$""#N'A%C $N LA: $ #=I&#N.# A.', )76(, &#LI LA: $US#, =$L* ) ?)/
$US#, =$L* ) ?)/thth ed* (9)/@* ed* (9)/@*
#.
#. &*N* S#N, '# .$&# &*N* S#N, '# .$&# $ .%I"INAL P%$.#&U%#, )86/* P%#"I#% PUBLISIN$ .%I"INAL P%$.#&U%#, )86/* P%#"I#% PUBLISIN .$*, =$L* ( ?(
.$*, =$L* ( ?(ndnd ed* (997@* ed* (997@*
3.
3. &%* B*%* SA%"A, $%#NSI. S.I#N.# IN .%I"INAL IN=#S'IA'I$N AN&&%* B*%* SA%"A, $%#NSI. S.I#N.# IN .%I"INAL IN=#S'IA'I$N AN& '%IALS, UNI=#%SAL LA: PUBLISIN .$* P='* L'&* ?0
'%IALS, UNI=#%SAL LA: PUBLISIN .$* P='* L'&* ?0 thth ed* (997@* ed* (997@*
!.
!. &%* K* N* &%* K* N* .AN&%AS#KA%.AN&%AS#KA%AN PILLAI, #N#%AL P%IN.IPL#S $ .%I"INALAN PILLAI, #N#%AL P%IN.IPL#S $ .%I"INAL LA:, #AS'#%N B$$K .$"PANC ?)
LA:, #AS'#%N B$$K .$"PANC ?)stst ed* (996@* ed* (996@*
;.
;. &%&%* * K* K* N* N* ..ANAN&%&%ASAS#K#KAA%A%AN N PIPILLLLAIAI, , %*%*==* * K#K#LKLKA%A%;S ;S .%.%I"I"ININALAL P%$.#&U%#, #AS'#%N B$$K .$"PANC ?3
P%$.#&U%#, #AS'#%N B$$K .$"PANC ?3thth ed* (9))@* ed* (9))@*
<.
<. &%&%* * K* K* N* N* ..ANAN&%&%ASAS#K#KAA%A%AN N PIPILLLLAIAI, , %*%*==* * K#K#LKLKA%A%;S ;S .%.%I"I"ININALAL
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
3 3
-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION
--
Appellant-P%$.#&U%#, #AS'#%N B$$K .$"PANC ?4
P%$.#&U%#, #AS'#%N B$$K .$"PANC ?4thth ed* (9)0@* ed* (9)0@*
.
. &U%A &AS BASU, .%I"INAL P%$.#&U&U%A &AS BASU, .%I"INAL P%$.#&U%# .$&#, )86/, L#DIS %# .$&#, )86/, L#DIS N#DIS, =$L* )N#DIS, =$L* ) ?3
?3thth ed* (9)0@* ed* (9)0@*
8.
8. &U%A &AS BASU, .%I"INAL P%$.#&U&U%A &AS BASU, .%I"INAL P%$.#&U%# .$&#, )86/, L#DIS %# .$&#, )86/, L#DIS N#DIS, =$L* (N#DIS, =$L* ( ?3
?3thth ed* (9)0@* ed* (9)0@*
5.
5. AALSLSBUBU%%CC;S ;S LALA::S S $ $ #N#NLLANAN&, &, .%.%I"I"ININAL AL LALA::, , #=#=I&I&#N#N.# .# AAN&N& P%$.#&U%#, L#DIS N#DIS BU''#%:$%'S, =$L* ))?0@ ?0
P%$.#&U%#, L#DIS N#DIS BU''#%:$%'S, =$L* ))?0@ ?0thth ed* (994@* ed* (994@* 49.
49. AALLSSBBU%U%CC;S ;S LLAA::S S $$ ININ&&IIAA, , ..%%II""IINNAAL L LLAA::--IIII, , LL##DDIS IS NN##DDIISS BU''#%:$%'S, =$L* 3?(@ ?(994@*
BU''#%:$%'S, =$L* 3?(@ ?(994@* 44
44.. ALALSBSBU%U%C;C;S S LALA::S S $ $ IN&IN&IA, IA, .%I.%I"IN"INAL AL P%$P%$.#.#&U%&U%#-I#-II, I, L#L#DIS DIS N#DN#DISIS BU''#%:$%'S, =$L* // ?(996@*
BU''#%:$%'S, =$L* // ?(996@* 4#.
4#.5U5US'S'I.I.# # .*.*K* K* ''AAKKKK#% #% + + "%"%S* S* "*"*.* .* ''AAKKKK#%#%, , LALA: : $ $ #=#=I&I&#N#N.#.#,, :C'#S + .$*, =$L* ) ?(9)/@*
:C'#S + .$*, =$L* ) ?(9)/@* 43.
43. 5US'I.# "* "UNI%, '# LA: $ #=I&#N.#, UNI=#%SAL LA: PUBLISIN5US'I.# "* "UNI%, '# LA: $ #=I&#N.#, UNI=#%SAL LA: PUBLISIN .$*, ?7
.$*, ?7'' #&* (9))@* #&* (9))@*
4!.
4!. 5US5US'I.'I.# # "*L"*L* * SINSINAAL L + + SABSABIAIA, , AN AN ANANALALCC'I.'I.AL AL ANAN& & #D#DAUAUS'IS'I=#=# .$""#N'A%C $N IN&IAN P#NAL .$&#, )749, P%#"I#% PUBLISIN .$*, .$""#N'A%C $N IN&IAN P#NAL .$&#, )749, P%#"I#% PUBLISIN .$*, =$L* ) ?(
=$L* ) ?(ndnd ed* (996@* ed* (996@*
4;.
4;. 5US'I.# C = .AN&%A.U& + = % "AN$A%, %A'ANLAL + &I%A5LAL5US'I.# C = .AN&%A.U& + = % "AN$A%, %A'ANLAL + &I%A5LAL '# IN&IAN P#NAL .$&#, :A&:A NAPU% ?/)
'# IN&IAN P#NAL .$&#, :A&:A NAPU% ?/)stst ed* (996@* ed* (996@*
4<.
4<."*%* "ALLI.K, A*N* SAA;S .%I"INAL %##%#N.#, #AS'#%N LA: $US#"*%* "ALLI.K, A*N* SAA;S .%I"INAL %##%#N.#, #AS'#%N LA: $US# ?4
?4thth ed* (998@* ed* (998@*
4.
4. %*%*.* .* $$#L #L + + %A%A5I= 5I= %A%A##5A, 5A, IIN'N'S S AAN& N& '%'%I.I.KS KS $N $N .%.%I"I"ININAL AL LALA::,, .API'AL ?IN&IA@ ?)
.API'AL ?IN&IA@ ?)stst ed* (9)9@* ed* (9)9@*
48.
48. %*P* KA'U%IA, LA: $ .%I"#S AN& .%I"IN$L$C, =IN$& PUBLISIN%*P* KA'U%IA, LA: $ .%I"#S AN& .%I"IN$L$C, =IN$& PUBLISIN ?P@ L'&* ?/
?P@ L'&* ?/rdrd ed* (9)0@* ed* (9)0@*
45.
45.%A" 5#'"ALANI + &*S* .$P%A, '# IN&IAN P#NAL .$&#, '$"S$N%A" 5#'"ALANI + &*S* .$P%A, '# IN&IAN P#NAL .$&#, '$"S$N %#U'#%S, =$L* ) ?)
%#U'#%S, =$L* ) ?)stst ed* (9)0@* ed* (9)0@*
#9.
#9.%A'ANLAL + &I%A5LAL, LA: $ .%I"#S, A .$""#N'A%C $N IN&IAN%A'ANLAL + &I%A5LAL, LA: $ .%I"#S, A .$""#N'A%C $N IN&IAN P#NAL .$&#, )749, BA%A' LA: $US#, =$L* ( ?(6
P#NAL .$&#, )749, BA%A' LA: $US#, =$L* ( ?(6thth ed* (9)/@* ed* (9)/@*
#4.
#4. S*.* SA%KA%, .$""#N'A%C $N #=I&#N.#, &:I=#&I LA: A#N.C, =$L* )S*.* SA%KA%, .$""#N'A%C $N #=I&#N.#, &:I=#&I LA: A#N.C, =$L* ) ?(
?(ndnd ed* (997@* ed* (997@*
##.
##. S*.* SA%KA%, .$""#N'A%C $N #=I&#N.#, &:I=#&I LA: A#N.C, =$L* (S*.* SA%KA%, .$""#N'A%C $N #=I&#N.#, &:I=#&I LA: A#N.C, =$L* ( ?(
?(ndnd ed* (997@* ed* (997@*
#3.
#3. S*.* SA%KA%, .$""#N'A%C $N '# IN&IAN P#NAL .$&#, )749, &:I=#&IS*.* SA%KA%, .$""#N'A%C $N '# IN&IAN P#NAL .$&#, )749, &:I=#&I LA: A#N.C, =$L* (, ?/
LA: A#N.C, =$L* (, ?/rdrd ed* (9)(@* ed* (9)(@*
#!.
#!. SS*.*.* * SASA%K%KA%A%, , ''# # ..$&$&# # $ $ .%.%I"I"IINANAL L P%P%$.$.#&#&U%U%##, , LL#D#DIS IS N#N#DDISIS BU''#%:$%'
BU''#%:$%'S :A&:S :A&:A NAPU%, =$L* A NAPU%, =$L* ) ?) ?)9)9thth ed* (9)(@* ed* (9)(@*
#;.
#;. S*.* SA%KA%, '# .$&# $ .%I"INAL P%$.#&U%#, L#DIS N#DIS, =$L* )S*.* SA%KA%, '# .$&# $ .%I"INAL P%$.#&U%#, L#DIS N#DIS, =$L* ) ?))
?))thth ed* (9)3@* ed* (9)3@*
#<.
#<.S*.* SA%KA%, '# .$&# $ .%I"INAL P%$.#&U%#, L#DIS N#DIS, =$L* (S*.* SA%KA%, '# .$&# $ .%I"INAL P%$.#&U%#, L#DIS N#DIS, =$L* (
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
4 4
-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION -- Appellant-?)9 ?)9thth ed* (9)0@* ed* (9)0@* #.
#. S*K* "UK#%5##, LA: $ .%I"INAL APP#ALS, %#=ISI$NS, %##%#N.#S,S*K* "UK#%5##, LA: $ .%I"INAL APP#ALS, %#=ISI$NS, %##%#N.#S, &:I=#&I LA: A#N.C ?(
&:I=#&I LA: A#N.C ?(ndnd ed* (9)9@* ed* (9)9@*
#8.
#8. S*S*K* K* SASA%%==AA%I%IA, A, %*%*A* A* N#N#LSLS$N$N;S ;S ININ&I&IAN AN P#P#NANAL L .$.$&#&#, , L#L#DIDIS S N#N#DIDISS BU''#%:$%'S, =$L* 0 ?8
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EBSITES EBSITES 4. 4. www*bombayhigh2ourt*ni2*inwww*bombayhigh2ourt*ni2*in #. #. www*delhihigh2ourt*ni2*inwww*delhihigh2ourt*ni2*in 3. 3. www*indian>anoon*orgwww*indian>anoon*org !. !. www*manuatrafast*inwww*manuatrafast*in ;. ;. www*s22online*2omwww*s22online*2om <. <. www*westlawindia*2omwww*westlawindia*2om OTHER OTHER AUTHORITIESAUTHORITIES 4.
4. APPREC2A$ APPREC2A$2!, 2!, !7 !7 E62&E,CE E62&E,CE !7 !7 *!S$2E *!S$2E 82$,ESSES%82$,ESSES% "AA%AS'%A"AA%AS'%A 5U
5U&I&I.I.IAL AL AA.A.A&#&#"C"C, , htthtt<<m<<m!a*!a*gogovv**inin<S<Siteite<U<Ulloadoad<<%<%<susummmmaryaryE(E(9o9of f
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
6 6
-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION
--
Appellant-E(9se2ondE(9wor>E(9shoE(92riminalE(9datedE(9)9-9)-)3*df, ?last udated E(9se2ondE(9wor>E(9shoE(92riminalE(9datedE(9)9-9)-)3*df, ?last udated on eb* )), (9)4@*
on eb* )), (9)4@* 2.
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STA
STATEMENT O+ ,URIS0TEMENT O+ ,URIS0ICTIONICTION
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
7 7
-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION
--
Appellant-THE
THE APAPPELPELLANLANT T HAS HAS MOMOE0 E0 AN AN APAPPEAPEAL L BE+BE+ORE ORE THTHE E HONHON’BL’BLE E HIGHIGHH COU
COURT RT O+ O+ BOMBOMBABAYY= = IN IN THTHE E MAMATTTER TER O+ O+ SOMSOMANTANTH H RA,RA,I I SASATTPUTPUTE E .. ST
STAATTE E O+ O+ BA0BA0ARAARASHTSHTRA= RA= UN0UN0ER ER SECSECTITION ON 3!3!"#$"#$44 OO+ + TTHHE E CCOO00E E OO++ CRIMINAL PROCE0URE.
CRIMINAL PROCE0URE.
THE PRESENT MEMORAN0UM SETS +ORTH THE +ACTS= CONTENTIONS AN0 THE PRESENT MEMORAN0UM SETS +ORTH THE +ACTS= CONTENTIONS AN0 ARGUMENTS.
ARGUMENTS.
STATEMENT O+ +ACTS STATEMENT O+ +ACTS
)
) Section 3!"#$ > A??e() %ro' con2iction@Section 3!"#$ > A??e() %ro' con2iction@Any erson 2onvi2ted on a trial held by a Sessions 5udge or anAny erson 2onvi2ted on a trial held by a Sessions 5udge or an Additional Sessions 5udge or on a trial held by any other .ourt in whi2h a senten2e of imrisonment for more Additional Sessions 5udge or on a trial held by any other .ourt in whi2h a senten2e of imrisonment for more than seven years Fhas been assed against him or against any other erson 2onvi2ted at the same trialG may than seven years Fhas been assed against him or against any other erson 2onvi2ted at the same trialG may aeal to the igh .ourt*
aeal to the igh .ourt*
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
8 8
-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION
--
Appellant-or the sa>e of brevity and 2onvenien2e of the on;ble .ourt the fa2ts of the resent 2ase are or the sa>e of brevity and 2onvenien2e of the on;ble .ourt the fa2ts of the resent 2ase are summariHed as follows
summariHed as follows )*
)* $n (0<$n (0<8<(8<(9)9)9 at 9 at aroaround 6 am, the aeund 6 am, the aellallant Somnnt Somnath had alteath had alter2atr2ation wition with his wifeh his wife "an!u, on some oint, after alter2ation he 2omes outside with her daughter*
"an!u, on some oint, after alter2ation he 2omes outside with her daughter* (*
(* ArounAround 7 am, "and 7 am, "an!u, 2am!u, 2ame out of the he out of the house anouse and her body d her body was on firwas on fire and at that te and at that timeime Somnath was standing with his daughter near the tra2tor where sand was unloading by Somnath was standing with his daughter near the tra2tor where sand was unloading by &agadu Nemdae*
&agadu Nemdae* /*
/* SeeSeeing heing her on fire, Sor on fire, Somnamnath trieth tried to e1tind to e1tinguiguish the firsh the fire with his bae with his bare handre hands and as as and as a result of this he got serious in!uries on his hand and finally her neighbors and brother result of this he got serious in!uries on his hand and finally her neighbors and brother in law e1tinguished the fire with the blan>et*
in law e1tinguished the fire with the blan>et* 0*
0* KashinKashinath Nemadath Nemade, one of te, one of the neighe neighborshbors, went to h, went to her materner maternal house aal house and brond brought heught her r mother there* After her arrival, Suhas nemade too> her in the Sumo !ee to the mother there* After her arrival, Suhas nemade too> her in the Sumo !ee to the hosital and in the !ee Suhas Nemade, Shruti Ko>ane, Amol 5yotiram Nemade, =i!ay hosital and in the !ee Suhas Nemade, Shruti Ko>ane, Amol 5yotiram Nemade, =i!ay Nemade were resent and then Suhas Nemade admitted her in the Ambi>aur hosital Nemade were resent and then Suhas Nemade admitted her in the Ambi>aur hosital and shifted in burn ward no* (3 at around )*(9 m* In the !ee her mother was and shifted in burn ward no* (3 at around )*(9 m* In the !ee her mother was instigating her to give statement against her husband*
instigating her to give statement against her husband* 3*
3* At At ))(9 (9 ShShararad ad ::aalulun! n! gogot t ththe e ininfoformrmatiation on reregagardrdining g ththe e buburnrnt t aatietient nt by by ththee Ambi>aur $P& Poli2e .onstable "unde B*No* )9(7 and then he rea2hed at )(9 m Ambi>aur $P& Poli2e .onstable "unde B*No* )9(7 and then he rea2hed at )(9 m at Ambi>aur hosital from aveli oli2e station ?a22ording to Shri Sharad :alun!@* at Ambi>aur hosital from aveli oli2e station ?a22ording to Shri Sharad :alun!@* At )(3 he rea2hed near the atient and after inuiring from the do2tor about her At )(3 he rea2hed near the atient and after inuiring from the do2tor about her 2ondition, too> her Statement around )/9* e was in the hosital for /9 minutes* 2ondition, too> her Statement around )/9* e was in the hosital for /9 minutes* &uring this statement by "an!u her mother was resent with her*
&uring this statement by "an!u her mother was resent with her* 4*
4* At arounAt around d /m/m, , P. SubP. Subhashash Shivah Shiva!i A!i Awwhad was infohad was informermed about the in2idd about the in2ident byent by Sr*
Sr*Poli2e Inse2tor, "r* "ehere of "hadur Poli2e Station and Poli2e Inse2tor, "r* "ehere of "hadur Poli2e Station and was instru2ted to was instru2ted to re2ordre2ord "an!u;s statement* e a2ted as er the instru2tions and re2orded her statement, i*e*, "an!u;s statement* e a2ted as er the instru2tions and re2orded her statement, i*e*, dying de2laration ?#1h*/0@ after inuiring from the do2tor about her 2ondition*
dying de2laration ?#1h*/0@ after inuiring from the do2tor about her 2ondition* 6*
6* BotBoth the dying de2h the dying de2laralaratiotion given are 2ontn given are 2ontradradi2toi2tory in the ry in the natnatureure, as , as in one statein one statemenmentt she told that their marriage was solemniHed 3 years ago and in the se2ond one she told she told that their marriage was solemniHed 3 years ago and in the se2ond one she told that they got married before 4 years* In the first statement she said that her neighbors that they got married before 4 years* In the first statement she said that her neighbors e1tinguished fire and in the se2ond one she said that her brother-in-law e1tinguished e1tinguished fire and in the se2ond one she said that her brother-in-law e1tinguished the fire*
the fire*
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
)9 )9
-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION
--
Appellant-7*
7* 'h'herere e arare e alalso so rro2o2ededurural al lalasses es in in rreeararining g SSot ot PaPan2n2hnhnamama a anand d InInuuesestt Pan2hnama* Poli2e had not done Sot Pan2hnama in the resen2e of two or more Pan2hnama* Poli2e had not done Sot Pan2hnama in the resen2e of two or more indeendent and rese2table inhabitants of the so2iety Fse2tion )99?0@
indeendent and rese2table inhabitants of the so2iety Fse2tion )99?0@(( of the .r*P*.*G* of the .r*P*.*G*
Inuest an2hanama should be reared by the "aduri oli2e station but this was Inuest an2hanama should be reared by the "aduri oli2e station but this was done by Ambi>anagar Poli2e Station*
done by Ambi>anagar Poli2e Station* 8*
8* .harg.harges were frames were framed agained against the a22ust the a22used to whsed to whi2h he li2h he leaded neaded not guiltot guilty and 2lay and 2laimedimed to be tried* is statement was re2orded under Se2tion /)/
to be tried* is statement was re2orded under Se2tion /)/// of .r*P*.* whi2h was of of .r*P*.* whi2h was of
total denial and false imli2ation* total denial and false imli2ation* )9*
)9* 'he a22use'he a22used d has has alralready been eady been a2a2uituitted ted undunder er Se2tSe2tion 087Aion 087A00 and 2onvi2ted under and 2onvi2ted under
Se2tion /9(
Se2tion /9(33 of IP.* of IP.*
(
( SectioSection n 499-Pe499-Per@on@ in r@on@ in c&(rc&(re o% e o% c)o@ec)o@ed d ?)(ce to ?)(ce to ())o @e(rc())o @e(rc&&?0@ Before ma>ing a sear2h under this?0@ Before ma>ing a sear2h under this .hater, the offi2er or other erson about to ma>e it shall 2all uon two or more indeendent and rese2table .hater, the offi2er or other erson about to ma>e it shall 2all uon two or more indeendent and rese2table inhabitants of the lo2ality in whi2h the la2e to be sear2hed is situate or of any other lo2ality if no su2h inhabitants of the lo2ality in whi2h the la2e to be sear2hed is situate or of any other lo2ality if no su2h inhabitant of the said lo2ality is available or is willing to be a witness to the sear2h, to attend and witness the inhabitant of the said lo2ality is available or is willing to be a witness to the sear2h, to attend and witness the sear2h and may issue an order in writing to
sear2h and may issue an order in writing to them or any of them so them or any of them so to doto do
/
/ SectionSection 343- Poer to e('ine t&e (cc*@ed343- Poer to e('ine t&e (cc*@ed?)@ In every inuiry or trial, for the urose of enabling the?)@ In every inuiry or trial, for the urose of enabling the a22used ersonally to e1lain any 2ir2umstan2es aearing in the eviden2e against him, the .ourt-?a@ may at a22used ersonally to e1lain any 2ir2umstan2es aearing in the eviden2e against him, the .ourt-?a@ may at any stage, without reviously warning the a22used, ut su2h uestions to him as the .ourt 2onsiders ne2essaryJ any stage, without reviously warning the a22used, ut su2h uestions to him as the .ourt 2onsiders ne2essaryJ ?b@ shall, after the witnesses for the rose2ution have been e1amined and before he is 2alled on for his defense, ?b@ shall, after the witnesses for the rose2ution have been e1amined and before he is 2alled on for his defense, uestion him generally on the 2ase*
uestion him generally on the 2ase* ?(@ No oath shall be administered to the a22used when ?(@ No oath shall be administered to the a22used when he is e1amined under he is e1amined under sub- se2tion ?)@*?/@ 'he a22used shall not render himself liable to unishment by refusing to answer su2h sub- se2tion ?)@*?/@ 'he a22used shall not render himself liable to unishment by refusing to answer su2h ue
uestistionsons, , or or by by givgiving ing fafalse lse ansanswewers rs to to thethem*?0m*?0@ @ 'he 'he ansanswewers rs givgiven en by by the the a2a22us2used ed may be may be ta>ta>en en intintoo 2onsideration in su2h inuiry or trial, and
2onsideration in su2h inuiry or trial, and ut in eviden2e for or against him ut in eviden2e for or against him in any other inuiry into, in any other inuiry into, or trial for,or trial for, any other offen2e whi2h su2h answers may tend to show he has 2ommitted*
any other offen2e whi2h su2h answers may tend to show he has 2ommitted*
0
0 Section !58A-Section !58A-H*@:(nd or re)(ti2e o% &*@:(nd o% ( o'(n @*:Dectin &er to cr*e)tH*@:(nd or re)(ti2e o% &*@:(nd o% ( o'(n @*:Dectin &er to cr*e)t:hoever, being the:hoever, being the husband or the relative of the husband of a woman, sub!e2ts su2h woman to 2ruelty shall be unished with husband or the relative of the husband of a woman, sub!e2ts su2h woman to 2ruelty shall be unished with imrisonment for a term whi2h may e1tend to three years and shall also be liable to fine* #1lanation*or the imrisonment for a term whi2h may e1tend to three years and shall also be liable to fine* #1lanation*or the urose of this
urose of this se2tion, 2rueltyM means?a@ any willful 2ondu2t se2tion, 2rueltyM means?a@ any willful 2ondu2t whi2h is of whi2h is of su2h a su2h a nature as is nature as is li>ely to li>ely to drivedrive the woman to 2ommit sui2ide or to 2ause grave in!ury or danger to life, limb or health ?whether mental or the woman to 2ommit sui2ide or to 2ause grave in!ury or danger to life, limb or health ?whether mental or hysi2al@ of the
hysi2al@ of the womanJ or ?b@ harassment of the womanJ or ?b@ harassment of the woman where su2h harassment is with woman where su2h harassment is with a view to a view to 2oer2ing her 2oer2ing her or any erson related to her to meet any unlawful demand for any roerty or valuable se2urity or is on a22ount or any erson related to her to meet any unlawful demand for any roerty or valuable se2urity or is on a22ount of failure by her or any
of failure by her or any erson related to her to meet su2h demand*erson related to her to meet su2h demand*
3
3 SecSectiotion n 39#39#-P*-P*ni@ni@&'e&'ent nt %or %or '*r'*rderder::hohoevever er 2o2ommmmitits s mumurdrder er shshalall l be be uuninishshed ed wiwith th dedeatath, h, or or imrisonment for life, and shall also be liable to
imrisonment for life, and shall also be liable to fine*fine*
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
)) ))
-- Arguments- Arguments- 88THTH LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION LOKMANYA TILAK APPELLATE NATIONAL MOOT COURT COMPETITION
--
Appellant-STA
STATEMENT O+
TEMENT O+ ISSUES
ISSUES
$he follo+"ng "ssues ha)e ar"sen
$he follo+"ng "ssues ha)e ar"sen for determ"nat"on before the *on9ble Court "n
for determ"nat"on before the *on9ble Court "n
the "nstant matter:
the "nstant matter:
)*
)* ::#'#'##% % ''# # AA....USUS#& #& ::AAS S %I%I'L'LC .$N=C .$N=I.I.'#'#& & $$% % ''## $#N.# PUNISABL# UN&#% S#.'I$N /9( $ IP.
$#N.# PUNISABL# UN&#% S#.'I$N /9( $ IP. (*
(* ::#'#'##% % ''# # 5U5U&&#"#"#N#N' ' PPAASSSS#& #& BC '# BC '# S#S#SSSSI$I$NS NS .$.$U%U%'' :AS APP%$P%IA'#
:AS APP%$P%IA'#
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
)( )(
-- Arguments- Arguments- -- Appellant-
Appellant- SUMMARY O+ ARGUMENTS SUMMARY O+ ARGUMENTS
4.
4. THE ATHE ACCUCCUSE0 SE0 AAS S NOT RIGNOT RIGHTLHTLY CONY CONIICTECTE0 0 +O+OR R THTHE E O++O++ENCENCEE PUNISHABLE UN0ER SECTION 39# O+ IPC
PUNISHABLE UN0ER SECTION 39# O+ IPC
'he 2ounsels on behalf of the aellant humbly lead that the 2onvi2tion of the 'he 2ounsels on behalf of the aellant humbly lead that the 2onvi2tion of the a22used under se2tion /9(
a22used under se2tion /9(44 is inaroriate and un!ust* is inaroriate and un!ust*
'
'o o 2on2onvi2vi2t t any any ererson son undunder er the the afoaforemerementintioneoned d se2tse2tionion, , the the 2om2ommismissiosion n of of thethe offen2e under se2tion /99
offen2e under se2tion /9966 of IP. is reuired to be roved* urther, to rove the of IP. is reuired to be roved* urther, to rove the
offen2e of murder two ma!or ingredients need to be fulfilled* irstly, whether the offen2e of murder two ma!or ingredients need to be fulfilled* irstly, whether the a22used had the intention to 2ommit the 2rime or not, is a 2ore issue, whi2h in the a22used had the intention to 2ommit the 2rime or not, is a 2ore issue, whi2h in the instant 2ase is not satisfied* 'he a22used, Somnath had no intention to 2ause the death instant 2ase is not satisfied* 'he a22used, Somnath had no intention to 2ause the death his
his wifwife, e, "an"an!u !u ?th?the e de2ede2easedased@* @* Se2Se2ondondlyly, , 2om2ommismissiosion n of of the the a2t a2t or or offoffen2e inen2e in furtheran2e of the intention is another ingredient to be fulfilled in order to bring home furtheran2e of the intention is another ingredient to be fulfilled in order to bring home the guilt of the a22used* Somnath did not 2ommit the a2t of setting his wife ablaHe on the guilt of the a22used* Somnath did not 2ommit the a2t of setting his wife ablaHe on fire after she oured >erosene on herself, and thereby 2ausing her death due to burn fire after she oured >erosene on herself, and thereby 2ausing her death due to burn in!uries*
in!uries*77 "or"oreoveover, the er, the evievidenden2es 2es ?bo?both th dodo2um2umententary ary and and oraoral@ l@ reresensented ted by by thethe
resondents during the trial, stand to be sham and are therefore negated effi2iently by resondents during the trial, stand to be sham and are therefore negated effi2iently by the
the aaellaellant* nt* 'he 'he 2on2ontentended ded solsole e basbasis is of of 2on2onvi2vi2tiotion- n- dydying ing de2de2laralaratiotion n of of thethe de
de2e2easaseded, , is is inin2o2onsnsisistetent nt anand d susufffferers s seseririouous s ininfifirmrmititieies, s, anand d is is nonot t fufurtrtheher r 2orroborated by other eviden2es- seiHure, inuest and sot an2hanama, ostmortem 2orroborated by other eviden2es- seiHure, inuest and sot an2hanama, ostmortem 4
4Supra ,ote ;Supra ,ote ;
6
6 Section 399 o% IPC-M*rderSection 399 o% IPC-M*rder#12et in the 2ases hereinafter e12eted, 2ulable homi2ide is #12et in the 2ases hereinafter e12eted, 2ulable homi2ide is murder, if the a2tmurder, if the a2t
by whi2h the death is 2aus
by whi2h the death is 2aused is done with the intention of 2aed is done with the intention of 2ausing death, or--using death,
or--Se2ondly
Se2ondly*--If it is done with the intention of 2ausing su2h bodily in!ury as the offender >nows to be li>ely to*--If it is done with the intention of 2ausing su2h bodily in!ury as the offender >nows to be li>ely to
2ause the death of the
2ause the death of the erson to whom the harm is 2aused, or--erson to whom the harm is 2aused,
or--'hirdly
'hirdly*--If it is done with the intention of 2ausing bodily in!ury to any erson and the bodily in!ury intended to*--If it is done with the intention of 2ausing bodily in!ury to any erson and the bodily in!ury intended to
be infli2ted is suff
be infli2ted is suffi2ient in the ordinary 2ourse i2ient in the ordinary 2ourse of nature to 2ause death, oof nature to 2ause death, or--
r--ourthly
ourthly*--If the erson 2ommitting the a2t >nows that it is *--If the erson 2ommitting the a2t >nows that it is so imminently dangerous that it must, in allso imminently dangerous that it must, in all
robability,
robability, 2ause death or su2h bo2ause death or su2h bodily in!ury as is li>ely to 2ause deadily in!ury as is li>ely to 2ause death, and 2ommits su2h a2th, and 2ommits su2h a2t without anyt without any
e12use for in2urring the ris> of 2ausing death or
e12use for in2urring the ris> of 2ausing death or su2h in!ury as aforesaid*su2h in!ury as aforesaid*
7 Paerboo> on .riminal Aeal, 7
7 Paerboo> on .riminal Aeal, 7thth Lo>manya 'ila> National Aellate "oot .ourt Lo>manya 'ila> National Aellate "oot .ourt
.ometition, (9)4 .ometition, (9)4
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
) )
-- Arguments- Arguments- -- Appellant-
Appellant-reort, indoor 2ase aers* Also, the 2hain of 2ir2umstantial eviden2es has not been reort, indoor 2ase aers* Also, the 2hain of 2ir2umstantial eviden2es has not been established to dire2t the allegation of the 2ommitted 2rime towards the a22used*
established to dire2t the allegation of the 2ommitted 2rime towards the a22used*
en2e, the rose2ution ?the resondents@ has not been able to rove their 2ase beyond en2e, the rose2ution ?the resondents@ has not been able to rove their 2ase beyond all reasonable doubts that the a22used has 2ommitted the murder of the de2eased in all all reasonable doubts that the a22used has 2ommitted the murder of the de2eased in all human robabilities, and therefore his 2onvi2tion for the same under se2tion /9( of human robabilities, and therefore his 2onvi2tion for the same under se2tion /9( of IP. is in2orre2t and un!ust*
IP. is in2orre2t and un!ust* #
#.. TTHHE E ,,UU00GGMMEENNT T PPAASSSSEE0 0 BBY Y TTHHE E TTRRIIAAL L CCOOUURRT T AAS S NNOOTT APPROPRIATE
APPROPRIATE 'h
'he e !u!udgdgmement nt aassessed d by by ththe e SeSessssioions ns .o.oururt t in in ththe e favfavor or of of resresoondndenents ts is is nonott a
arrooriariate* te* 'h'he e enentitire re trtrial ial 2o2ondndu2tu2teded, , ststartartining g frofrom m ththe e rere2o2ordrdining g of of dydyiningg de2
de2laralaratiotion, n, invinvestestigatigation ion roro2ed2edure ure till till the the reresensentatitation on of of evievidenden2es 2es and and oraorall testimonies before the 2ourt, was as2ertained with many ro2edural lases whi2h testimonies before the 2ourt, was as2ertained with many ro2edural lases whi2h 2anno
2annot be t be negle2negle2ted by the ted by the 2ourt merely by stating them to be mista>es whi2h are so2ourt merely by stating them to be mista>es whi2h are so minor, a22ording to them, that it would not affe2t the !udgment as a whole*
minor, a22ording to them, that it would not affe2t the !udgment as a whole*
irstly, the duties erformed by the oli2e head 2onstables mentioned in the 2ase irstly, the duties erformed by the oli2e head 2onstables mentioned in the 2ase therein, in re2ording the dying de2larations of the de2eased were not aroriately therein, in re2ording the dying de2larations of the de2eased were not aroriately done* :ith regards to this, the in2onsisten2ies whi2h they show in their testimonies done* :ith regards to this, the in2onsisten2ies whi2h they show in their testimonies raise a doubt on the statement of the de2eased whi2h they re2orded, thereby ma>ing raise a doubt on the statement of the de2eased whi2h they re2orded, thereby ma>ing them sus2etible to be dis2arded* Se2ondly, the investigation ro2ess 2ondu2ted by them sus2etible to be dis2arded* Se2ondly, the investigation ro2ess 2ondu2ted by the oli2e inse2tors amount to enormous errors and omissions in 2omlian2e to their the oli2e inse2tors amount to enormous errors and omissions in 2omlian2e to their duties, whi2h towards the end oses a
duties, whi2h towards the end oses a uestion on the 2redibility of the eviden2es uestion on the 2redibility of the eviden2es theythey seiHed in furtheran2e of roving the guilt of the a22used
seiHed in furtheran2e of roving the guilt of the a22used**88
urthermore, there has been gross in!usti2e done to the aellant by the Sessions urthermore, there has been gross in!usti2e done to the aellant by the Sessions .ourt through the way of misinterretation of fa2ts and 2ir2umstan2es of the 2ase and .ourt through the way of misinterretation of fa2ts and 2ir2umstan2es of the 2ase and of the eviden2es resented for the same and thereby senten2ing him life imrisonment of the eviden2es resented for the same and thereby senten2ing him life imrisonment for the offen2e whi2h he did not 2ommit* It is very well de2ihered from the oral for the offen2e whi2h he did not 2ommit* It is very well de2ihered from the oral !udgment given and the reasoning thus atta2hed, that the 2ourt at few instan2es bought !udgment given and the reasoning thus atta2hed, that the 2ourt at few instan2es bought
th
the e arargugumementnts s of of ththe e aaeellallant nt anand d wewere re 2o2onvnvinin2ed 2ed ththusus, , hoholdilding ng ththem em to to bebe reasonable enough, but towards the end stated them to be failed attemts made by the reasonable enough, but towards the end stated them to be failed attemts made by the a
aellaellant nt and 2onsidand 2onsidered ered thathat t the the resresondondentents s stistill ll had had estestabliablisheshed d the the fa2tfa2ts s ++ evi
evidenden2es 2es and and roroved ved the the 2as2ase e beybeyond ond all all reareasonsonablable e doudoubtsbts, , thethereby givinreby giving g thethe de2ision in their favor*
de2ision in their favor*)9)9
8
8 Supra ,ote <Supra ,ote < )9
)9 2b"d 2b"d
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
( (
-- Arguments- Arguments- -- Appellant-
Appellant-'herefore, the !udi2ial interretation done by the Sessions .ourt seems to have no 'herefore, the !udi2ial interretation done by the Sessions .ourt seems to have no ne1us with the roer ali2ation of reasons and !ustifi2ations whi2h is not only to be ne1us with the roer ali2ation of reasons and !ustifi2ations whi2h is not only to be done but to be seen as well as a matter of intelligible understanding*
done but to be seen as well as a matter of intelligible understanding*
ARGUMENTS
ARGUMENTS A0A0ANCE0ANCE0
64
647 7 THTHE E AACCCCUSUSE0 E0 AAS S NONOT T RIRIGHGHTLTLY Y COCONNICICTETE0 0 +O+OR R THTHE E O+O++E+ENCNCEE PUNISHABLE UN0ER SECTION 39# O+ IPC.
PUNISHABLE UN0ER SECTION 39# O+ IPC. )*
)* 'he 2ou'he 2ounsels for ansels for aellaellant humbnt humbly submly submit that thait that that there was nt there was no inteno intention to 2otion to 2ommit themmit the a2t on behalf of the a22used* Prima fa2ie, OIntention; is the >ey ingredient in bringing a2t on behalf of the a22used* Prima fa2ie, OIntention; is the >ey ingredient in bringing home the guilt of the a22used* It is the mental state of the erson 2ommitting a 2rime home the guilt of the a22used* It is the mental state of the erson 2ommitting a 2rime whi2h ma>es him guilty of the offen2e thereby 2ommitted* It 2an be dedu2ed from the whi2h ma>es him guilty of the offen2e thereby 2ommitted* It 2an be dedu2ed from the following fa2tors that the a22used in this 2ase had no mens rea to 2ommit the offen2e* following fa2tors that the a22used in this 2ase had no mens rea to 2ommit the offen2e* (*
(* irstlyirstly, there wer, there were no bodie no bodily in!urly in!uries on the de2eaies on the de2eased riosed rior to this in2ider to this in2ident and it 2an bent and it 2an be inferred from the fa2t that there were no ma!or in2onsisten2ies in their relationshi and inferred from the fa2t that there were no ma!or in2onsisten2ies in their relationshi and he didn;t have any su2h grudge against her sin2e the in2etion of their marriage*
he didn;t have any su2h grudge against her sin2e the in2etion of their marriage*)))) en2e, en2e,
it is imrobable that he 2ould have develoed an intention to ut her to death at this stage it is imrobable that he 2ould have develoed an intention to ut her to death at this stage of their lives*
of their lives* /*
/* Se2oSe2ondlndlyy, the 2ont, the 2ontentiention that he had the inton that he had the intentention to 2ommion to 2ommit the a2t 2an be it the a2t 2an be negnegated byated by the fa2t that he himself suffered burns on his hand while attemting to e1tinguish fire the fa2t that he himself suffered burns on his hand while attemting to e1tinguish fire from her
from her bodybody** 0*
0* 'he ot'he other elemher element for dent for de2idine2iding the og the offen2ffen2e of mue of murder is thrder is that of that of the Oe OCommission of Act Commission of Act ;; by
by the the a22used, a22used, whi2h whi2h in in the the resent resent 2ase 2ase hashas nonot t :e:een en @(@(titi@%@%ieiedd by by the the a22useda22used Somnath* :hen this arti2ular in2ident o22urred, the a22used was not resent there ?in Somnath* :hen this arti2ular in2ident o22urred, the a22used was not resent there ?in the house@* 'his fa2t is suorted by the statements given by the rose2ution witness ) the house@* 'his fa2t is suorted by the statements given by the rose2ution witness ) ?P:), =i!ay Nemade@ and defense witness ) ?&:), Ketan Nemade@ a22ording to whi2h ?P:), =i!ay Nemade@ and defense witness ) ?&:), Ketan Nemade@ a22ording to whi2h the a22used was outside the house*
the a22used was outside the house* 3*
3* P:) has e1P:) has e1li2ili2itly brotly broughught out in t out in his stathis statemeement that the a22unt that the a22used, Sosed, Somnamnath was reseth was resentnt near the tra2tor along with his daughter when the wor> of unloading sand from the near the tra2tor along with his daughter when the wor> of unloading sand from the
))
)) Supra ,ote <Supra ,ote <
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
/ /
-- Arguments- Arguments- -- Appellant-
Appellant-trolley of the tra2tor was going on by P:) and when simultaneously the de2eased, trolley of the tra2tor was going on by P:) and when simultaneously the de2eased, "an!u 2ame running out of the house with her body on fire
"an!u 2ame running out of the house with her body on fire **)()(
4*
4* &:) has al&:) has also stated iso stated in his testimn his testimony thony that on the dat on the day of the inay of the in2ident w2ident when he wahen he was sittings sitting in front of his house, wor> of unloading sand from tra2tor was going on by =i!ay in front of his house, wor> of unloading sand from tra2tor was going on by =i!ay Nemade and
Nemade and Kashinath Nemade Kashinath Nemade and Somanth Satute, and Somanth Satute, the a22used, the a22used, was standing was standing besidebeside them along with his daughter, and that is when he saw
them along with his daughter, and that is when he saw "an!u, the de2eased, shouting and"an!u, the de2eased, shouting and 2oming out of her house engulfed in fire*
2oming out of her house engulfed in fire*)/)/
6*
6* "or"oreoveover, boer, both of th of the abovthe above e menmentiotioned witnned witnesseesses s alsalso o statstated that when the neighed that when the neighborbors,s, in2luding themselves, were trying to e1tinguish fire from the erson of the de2eased, the in2luding themselves, were trying to e1tinguish fire from the erson of the de2eased, the a22used had also attemted to e1tinguish fire from his hand though he did not su22eed in a22used had also attemted to e1tinguish fire from his hand though he did not su22eed in doing that*
doing that* 7*
7* enen2e2e, , all the abovall the above e fafa2to2tors rs didire2re2t t totowawardrds s ththe e ababsesen2n2e e of inteof intentntioion n anand d ththe e nonon- n-2ommission of the a2t, whi2h are the res2ribed reuisites for the offen2e of murder, by 2ommission of the a2t, whi2h are the res2ribed reuisites for the offen2e of murder, by the a22used, Somnath* 'he mere
the a22used, Somnath* 'he mere e1istene1isten2e 2e of the of the intentintention without 2ommissiion without 2ommission of on of thethe a2t or the 2ommission of the a2t without the intent, does not, as a general rule, 2onstitute a2t or the 2ommission of the a2t without the intent, does not, as a general rule, 2onstitute 2rimeM*
2rimeM*)0)0
8
8** uurtrthherer, a 2h, a 2haiain ofn of circumstantial evidencescircumstantial evidences ought to be satisfied by the rose2ution in ought to be satisfied by the rose2ution in order to rove that all the 2ir2umstan2es of the in2ident dire2t to the guilt of the a22used order to rove that all the 2ir2umstan2es of the in2ident dire2t to the guilt of the a22used wh
whi2i2h h in in ththe e ininstastant nt 2a2ase se ththe e rrosose2e2ututioion n hahas s fafaileiled d to to dodo* * "o"oreoreovever, r, ththe e rrovoveded 2ir2umstan2es must be 2onsistent only with the hyothesis of the guilt of the a22used and 2ir2umstan2es must be 2onsistent only with the hyothesis of the guilt of the a22used and totally in2onsistent with his inno2en2e*
totally in2onsistent with his inno2en2e* )9*
)9* It is well to It is well to remembremember that in 2ase where the eviden2e is of a 2ir2umstantiaer that in 2ase where the eviden2e is of a 2ir2umstantial nature, thel nature, the 2ir2umstan2es from whi2h the 2on2lusion of guilt is to be drawn should in the first 2ir2umstan2es from whi2h the 2on2lusion of guilt is to be drawn should in the first instan2e be fully established, and all the fa2ts so established should be 2onsistent only instan2e be fully established, and all the fa2ts so established should be 2onsistent only with the hyothes
with the hyothesis of is of the guilt of the guilt of the a22used* Athe a22used* Again, the 2ir2umstagain, the 2ir2umstan2es should be of n2es should be of aa 2on2lusive nature and tenden2y and they should be su2h as to e12lude every hyothesis 2on2lusive nature and tenden2y and they should be su2h as to e12lude every hyothesis but the
but the one roosed one roosed to be to be roved* In roved* In other words, other words, there must there must be a be a 2hain of 2hain of eviden2e soeviden2e so far 2omlete as not to leave any reasonable ground for a 2on2lusion 2onsistent with the far 2omlete as not to leave any reasonable ground for a 2on2lusion 2onsistent with the in
innono2en2en2e 2e of of ththe e a2a22u2used and sed and it it mumust st be be susu2h 2h as as to to shshow ow ththat at wiwiththin in all humaall humann robability the a2t must have been done by the a22used*
robability the a2t must have been done by the a22used*)3)3
)(
)( Supra ,ote <%Supra ,ote <% -4 -4 )/
)/ Supra ,ote <%Supra ,ote <% -49 -49
)0 P* %A"ANA'A AICA%,
)0 P* %A"ANA'A AICA%, C!,C2SE A8 &2C$2!,AR( C!,C2SE A8 &2C$2!,AR( , L#DIS N#DIS, L#DIS N#DIS BU''#%:$%'S :A
BU''#%:$%'S :A&:A &:A NAPU%, NAPU%, 440 440 ?0?0thth ed* (9)(@* ed* (9)(@*
)3
)3 *anumant 'o)"nd ,argundk *anumant 'o)"nd ,argundkar ar v* v* State of Madha Pradesh%State of Madha Pradesh% )83/.riL5)(8* )83/.riL5)(8*
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
0 0
-- Arguments- Arguments- -- Appellant-
Appellant-44
44.. In a 2ase based on 2ir2umstantial eviden2e, the settled law is that the 2ir2umstan2es fromIn a 2ase based on 2ir2umstantial eviden2e, the settled law is that the 2ir2umstan2es from whi2h the 2on2lusion of guilt is drawn should be fully roved and su2h 2ir2umstan2es whi2h the 2on2lusion of guilt is drawn should be fully roved and su2h 2ir2umstan2es must be 2on2lusive in nature* "oreover, all the 2ir2umstan2es should be 2omlete and must be 2on2lusive in nature* "oreover, all the 2ir2umstan2es should be 2omlete and there should be no ga left in the 2hain of eviden2e* urther, the roved 2ir2umstan2es there should be no ga left in the 2hain of eviden2e* urther, the roved 2ir2umstan2es must be 2onsistent only with the hyothesis of the guilt of the a22used and totally must be 2onsistent only with the hyothesis of the guilt of the a22used and totally in2onsistent with his inno2en2e
in2onsistent with his inno2en2e**)4)4
)(*
)(* All All the evidethe eviden2en2es s reresensented by ted by the resothe resondendents nts in in ordorder er to to susuorort t thetheir ir 2ase2ase, , stastandnd in
inadadmimississiblble e anand d nonon-n-2re2redidiblble e sisin2n2e e ththey ey susuffffer er frofrom m vavariorious us didis2s2rereanan2ie2ies s anandd 2ontradi2tions whi2h has made them unable to rove their 2ase beyond all reasonable 2ontradi2tions whi2h has made them unable to rove their 2ase beyond all reasonable doubts* Below resented is a list of all the eviden2es ?both do2umentary and statement doubts* Below resented is a list of all the eviden2es ?both do2umentary and statement from
from witwitnesnesses@ ses@ aloalong ng witwith h theitheir r in2in2onsonsisteisten2in2ies es whwhi2h i2h the the aaellaellants nts wouwould ld negnegateate 2onse2utively*
2onse2utively*
ORAL ORAL
TESTIMONIES-""ii$$ SStt((ttee'e'ennt ot o% P% P44= = iiDD(( N Nee'('(ddee.. )/*
)/* irstly, thirstly, this rose2ution witness stated in his testimony that when he was unloadis rose2ution witness stated in his testimony that when he was unloading sanding sand from trolley of his tra2tor near his house, at that time the a22used, Somnath was resent from trolley of his tra2tor near his house, at that time the a22used, Somnath was resent near the
near the tra2tor along with his tra2tor along with his one year one year old daughteold daughter* :hen the de2eased 2ame r* :hen the de2eased 2ame runnirunningng out of the house shouting in a state of being engulfed in fire, the a22used was there out of the house shouting in a state of being engulfed in fire, the a22used was there outside along with the other neighbors and had also attemted to e1tinguished fire by his outside along with the other neighbors and had also attemted to e1tinguished fire by his hand*
hand* )0*
)0* Se2ondly, Se2ondly, when =iwhen =i!ay and others too> the de2eased to the hosital in the !ee, during that!ay and others too> the de2eased to the hosital in the !ee, during that time she told him to ta>e 2are of her daughter and that her husband is not at fault in this time she told him to ta>e 2are of her daughter and that her husband is not at fault in this in2ident*
in2ident*)6)6 "oreover, in the !ee in their resen2e, the mother of the de2eased was "oreover, in the !ee in their resen2e, the mother of the de2eased was
instiga
instigating her ting her againsagainst t the a22used* After admittithe a22used* After admitting her ng her in the in the hosihosital, when the tal, when the oli2eoli2e rea2hed there in order to
rea2hed there in order to do inuiry aboudo inuiry about the t the in2idein2ident, all nt, all of them were of them were as>ed to va2ateas>ed to va2ate the room but the mother a22omanied the de2eased while the inuiry was made by the the room but the mother a22omanied the de2eased while the inuiry was made by the oli2e*
oli2e* 'he res'he resen2e en2e of of mother mother during during the the time time of of re2ording re2ording of of dying de2lardying de2laration ation of of thethe de
de2ea2eased by sed by ththe e ooli2li2e, ise, is )er"f"ed )er"f"ed by the history stated in the Indoor .ase Paers by the history stated in the Indoor .ase Paers ?#1h*03@
?#1h*03@)7)7 in whi2h every detail is mentioned as to what a2tions were ta>en ea2h day in whi2h every detail is mentioned as to what a2tions were ta>en ea2h day
after her admission in the hosital, who visited the ward on a arti2ular day, what is the after her admission in the hosital, who visited the ward on a arti2ular day, what is the
)4
)4C. Chenga Redd +C. Chenga Redd + !thers!thers v*v* State of Andhra Pradesh%State of Andhra Pradesh% )884.riL5/04)* )884.riL5/04)*
)6
)6 Supra ,ote =>Supra ,ote => )7
)7 Supra ,ote <%Supra ,ote <% -/8 -/8
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
3 3
-- Arguments- Arguments- -- Appellant-
Appellant-2ondition of the atient after a 2ertain time interval, what treatment is going on, what 2ondition of the atient after a 2ertain time interval, what treatment is going on, what tye of in!uries are suffered by the atient, et2*
tye of in!uries are suffered by the atient, et2* )3*
)3* 'hirdl'hirdlyy, the , the assistanassistant oli2e t oli2e invesinvestigatotigator r in his in his statemestatement mentioned that he has nt mentioned that he has 2orre2t2orre2tlyly re2orde
re2orded ortion mar>ed A in the d ortion mar>ed A in the statemenstatement t of =i!of =i!ay given to ay given to him and him and is is at #1h*39* Butat #1h*39* But =i!ay 2laims that he has not stated anything of ortion A in his statement earlier made to =i!ay 2laims that he has not stated anything of ortion A in his statement earlier made to the oli2e and 2annot assign any reason as to why it aeared in his statement when it the oli2e and 2annot assign any reason as to why it aeared in his statement when it was read over to him* 'he ortion mar>ed A is the fa2t that whether the de2eased stated was read over to him* 'he ortion mar>ed A is the fa2t that whether the de2eased stated the entire in2ident to =i!ay as to what haened inside the house and how she 2aught fire the entire in2ident to =i!ay as to what haened inside the house and how she 2aught fire ov
over er hehersrselfelf* * 'h'he e 2o2ontntestested ed fafa2t 2t ovover er hehere re is is ththat at ththe e oolili2e 2e 2l2laim aim ththat at ==ii!ay !ay hahass me
mentntioionened d in in hihis s stastatemtemenent t ababouout t ththe e inin2i2idedent nt whwhi2i2h h wawas s nanarrarrateted d to to hihim m by by ththee de2eased, but =i!ay 2laims in his statement before the sessions 2ourt during the trial that de2eased, but =i!ay 2laims in his statement before the sessions 2ourt during the trial that the de2eased at no oint of time has mentioned about the entire in2ident of that arti2ular the de2eased at no oint of time has mentioned about the entire in2ident of that arti2ular day to him and the mention of the same in his statement given to the oli2e is not day to him and the mention of the same in his statement given to the oli2e is not 2orre2t
2orre2t**)8)8
)4*
)4* LastlyLastly, the testimony of =i, the testimony of =i!ay is !ay is reliablreliable and 2annot be e and 2annot be dis2arddis2arded as ed as a whole on a22ounta whole on a22ount of being turned into hostile witness* 'he test of hostility is that of 2orroboration and of being turned into hostile witness* 'he test of hostility is that of 2orroboration and 2ontradi2tion, and not mere addition* ad it been the 2ase where =i!ay would have said a 2ontradi2tion, and not mere addition* ad it been the 2ase where =i!ay would have said a arti2ular
arti2ular thing thing about about the the resen2e resen2e of of the the a22used a22used in in his his revious revious statements statements and and later later would have res2inded from it by ma>ing another 2ontradi2ting statement before the would have res2inded from it by ma>ing another 2ontradi2ting statement before the 2ourt, then the issue of hostility would have barged into the s2ene, but here, =i!ay 2ourt, then the issue of hostility would have barged into the s2ene, but here, =i!ay nowhere stated in his revious statements that a22used was there at some anonymous nowhere stated in his revious statements that a22used was there at some anonymous la2e
la2e at at the the time time of of the the in2ident in2ident and and then then later later before before the the 2ourt 2ourt stated stated that that the the a22useda22used was standing outside the house along with him
was standing outside the house along with him**(9(9 en2e, his testimony is admissible* en2e, his testimony is admissible*
)6*
)6* 'he mere fa2t that the truth has been revealed and it has gone against the arty 2allin'he mere fa2t that the truth has been revealed and it has gone against the arty 2allingg him as a witness 2annot render his eviden2e unreliable wholly or in art* A witness is not him as a witness 2annot render his eviden2e unreliable wholly or in art* A witness is not ne2essarily hostile if he reveals the truth* 'he whole of his eviden2e so far as it affe2ts ne2essarily hostile if he reveals the truth* 'he whole of his eviden2e so far as it affe2ts both
both the the arties, arties, favorably favorably or or unfavorably, must be unfavorably, must be 2onsidered 2onsidered and thand the e 2ourt 2ourt whi2h getswhi2h gets th
the e oooortrtununitity y to to obobseservrve e hihis s dedememeananorors s is is at at lilibeberty rty to to mama>e >e asassesessmssmenent t of of ththee eviden
eviden2e* If 2e* If 2orrob2orroboratiooration from n from other sour2es is available to other sour2es is available to the eviden2e of a the eviden2e of a hostilhostilee witness, there is no reason why his eviden2e should be re!e2ted outright* If the eviden2e witness, there is no reason why his eviden2e should be re!e2ted outright* If the eviden2e of the hostile witness fits in with the attending 2ir2umstan2es, then it may be a22eted of the hostile witness fits in with the attending 2ir2umstan2es, then it may be a22eted and 2onsidered along with other eviden2e*
and 2onsidered along with other eviden2e*()()'he statemen'he statement of t of hostilhostile witness is e witness is not to benot to be
)8
)8 Supra ,ote =>Supra ,ote => (9
(9 2b"d 2b"d ()
() S"dd"4ue Munsh"S"dd"4ue Munsh" v* v* StateState, )88( )( BL& ?A&@38*, )88( )( BL& ?A&@38*
"#"$%AN&U"
"#"$%AN&U" on behalf ofon behalf of APP#LLAN'APP#LLAN'
4 4