[ISSUE 1]: KANYAKUMARI IS GUILTY FOR MURDER, DOWRY DEATH AND CRUELTY

UNDER SECTION 302, 304B AND 498 RESPECTIVELY.

It is humbly submitted before the Honble Court of Sessions that the accused is responsible
for the murder of the deceased. The evidence submitted by the prosecution will show that the
accused has participated in the alleged crime.

1. In order to convict a person under Section 302B, the following essential ingredients
have to be fulfilled.
(i) That the death of some human being was caused;
(ii) That such death was caused by the accused or was the consequence of the act of
the accused;
(iii) That the accused did so
(a) With the intention of causing death
(b) That the accused knew that his act was likely to cause death; or
(c) The injury (inflicted or caused) by the accused was sufficient in the ordinary
cause of nature to cause death.

1.1 The Ingredients of Section 302 is fulfilled.

The prosecution submits the fact that the deceaseds mother in law, Kanyakumari is
instrumental in the killing of the deceased. The testimonies of PW2 and PW3 is sufficient to
prove that the deceaseds inlaws pushed her over the wall which resulted in falling over of the
deceased and ultimately led to her death. It was a crime which was committed by the inlaws
and her husband in the heat of the moment and in rage.

1.2 The death was homicidal and not suicide.

There is sufficient proof that the death was homicidal and not suicide. The testimony of
the Investigating officer, Chand Singh proves that the deceased was going to leave her
house when her inlaws and husband killed her. Two packed bags were found from the
deceaseds room which clearly proves the fact that she was going to leave the house and
seeing this, in a fit of anger she was killed.

2. In order to convict a person under Section 304-B, the following essential ingredients
should be satisfied:-

(i) There is a married woman.

(ii) She has died an unnatural death by burn or by bodily injury or by poisoning etc.
 (iii) That such death has occurred within seven years of the marriage.
(iv) It must be found that soon before her death she was subjected to cruelty or
harassment for, or in connection with any demand for dowry by husband or any of
his relatives.

2.1 The prosecution contends the fact that the deceased was subject to cruelty right before the
her death which ultimately led to her killing.

This fact is clearly proved by the statement of PW2, as the deceased confided to her right
before her death that she was pushed into the balcony by Vaibhav and and was pushed over
the wall by her inlaws. The testimony of PW3 also proves that her grandparents were pushing
her mom over the wall. All these factors lead us to only one fact that the plaintiff was subject
to cruelty right before her death and was killed by her inlaws and husband. Also the fact that
the deceaseds husband is absconding leads to the conclusion that he had a hand in killing of
his wife and is now escaping from the judiciary and police.

2.2 The inlaws and the husband repeatedly tortured the deceased and constantly pressurised
her into giving dowry.
The deceased was repeatedly beaten up by her husband, this fact is provided from the
statement of her mother in law who confessed the fact that her son used to beat her up,
also the recovery of the deceaseds intimate photos from her mother in laws mobile
proves the fact that they used to threaten her into giving dowry through those
photographs.