AMITY UNIVERSITY JAIPUR 5TH NATIONAL TRIAL ADVOCACY COMPETITION, 2017

AMITY UNIVERSITY JAIPUR

5TH NATIONAL TRIAL ADVOCACY COMPETITION, 2019

BEFORE THE COURT OF SESSIONS

AT JAIPUR, RAJASTHAN

S.C. No.___ OF 2019

STATE OF RAJASTHAN
(PROSECUTION)

v.

KEDAR & Ors.

(DEFENCE)

FOR OFFENCES CHARGED UNDER

SECTION 302 READ WITH SECTIONS 326 AND 506 AND 509

OF THE INDIAN PENAL CODE, 1860

UPON SUBMISSION TO THE HON’BLE SESSIONS JUDGE

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AMITY UNIVERSITY JAIPUR 5TH NATIONAL TRIAL ADVOCACY COMPETITION, 2017

TABLE OF CONTENTS

TABLE OF CONTENTS ............................................................................................................ II

INDEX OF AUTHORITIES ...................................................................................................... III

ABBREVIATIONS ..................................................................................................................... IV

STATEMENT OF JURISDICTION .......................................................................................... V

SYNOPSIS OF FACTS .............................................................................................................. VI

STATEMENT OF CHARGES ................................................................................................ VII

SUMMARY OF ARGUMENTS ............................................................................................. VIII

ARGUMENTS ADVANCE.......................................................................................................... 1

CONCLUSION ............................................................................................................................. 3

PRAYER ........................................................................................................................................ 4

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INDEX OF AUTHORITIES

TABLE OF CASES

1. FDFD
2. DDF
3.

DDF

BOOKS

1. SD
2. DFDF
3.

DDF

LEXICONS

1. WDFD
2. DFD
3. DFDF

WEBSITES AND ONLINE DATABASES

1. SDSD
2. 12323
3. SD

STATUTES
1. DFDFD
2. 3434

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ABBREVIATIONS

Serial No. o. Abbreviation Full Form

1. & And
2. AIR All India Reporter
3. All Allahabad
4. Cal Calcutta
5. Cri LJ/ Cr LJ Criminal Law Journal
6. Cr. P. C Code of Criminal Procedure
7. Del Delhi High Court
8. DW Defence Witness
9. Ed. Edition
10. Guj Gujarat High Court
11. IPC Indian Penal Code
12. IC Indian Cases
13. Mad Madras High Court
14. n. Foot Note no.
15. Ori Orissa High Court
16. p. Page No.
17. P&H Punjab and Haryana High Court
18. Pat Patna High Court
19. PW Prosecution Witness
20. Raj Rajasthan High Court
21. SC Supreme Court
22. SCC Supreme Court Cases
23. SCJ Supreme Court Journal
24. SCR Supreme Court Reporter
25. Sec. Section
26. v. Versus
27.
28.

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STATEMENT OF JURISDICTION

SDSDS

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SYNOPSIS OF FACTS

SDSDSDS

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STATEMENT OF CHARGES

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SUMMARY OF ARGUMENTS

ISSUE I
WHETHER THE ACCUSED ARE GUILTY OF MURDER?

ISSUE II
WHETHER THE ACCUSED ARE GUILTY OF GREVIOUS HURT?

ISSUE III
WHETHER THE ACCUSED ARE GUILTY OF CRIMINAL INTIMIDATION?

ISSUE IV
WHETHER THE ACCUSED ARE GUILTY OF MURDER?

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ARGUMENTS ADVANCE

ISSUE I
WHETHER THE ACCUSED ARE GUILTY OF MURDER?

It is

ISSUE II
WHETHER THE ACCUSED ARE GUILTY OF GREVIOUS HURT?

ISSUE III
WHETHER THE ACCUSED ARE GUILTY OF CRIMINAL INTIMIDATION?

It is humbly contended before this Hon’ble Court that the accused is not guilty of any
offence under Sec. 506 of the IPC. In the matter at hand, it has been wrongfully alleged that the
accused have committed the offence of criminal intimidation. In the matter at hand, it has been
falsely implicated that the accused have committed the offence of criminal intimidation.
Criminal Intimidation is defined under Sec. 503 IPC and Sec. 506 IPC provides punishment for
it. Criminal intimidation is analogous to the

The essential ingredients of Section 503 IPC are that:

a. Threatening a person with any injury;

i. To his person, reputation or property; or
ii. To the person or reputation of an one in whom that person is
interested,
b. and the threat must be with the intent
i. To cause alarm to that person or
ii. To cause that person to do any act which he is not legally bound to
do as the means of avoiding the execution of such threat or
iii. To cause the person to omit to do any act which that person is
legally entitled to as the means of avoiding the execution of such
threat.

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The determinant factor in order to be guilty of an offence under Sec. 506 IPC requires
proving: [3.1] that the accused threatened the victim; [3.2] that this threatening was with any
injury to his person, reputation or property or the person, reputation or property of another in
whom the victim is interested; [3.3] that this threatening was intended to cause alarm to the
victim or to cause the victim to do any act which he is not legally bound to do or to omit to do
any act which that person is legally entitled to as the means of avoiding the execution of such
threat; [3.4] that the victim has in fact being alarmed by the threat; the threat to injury may be in
relation to reputation of a deceased person.

3.1. THE ACCUSED DID NOT COMMIT OR ATTEMPT TO THREATEN THE

VICTIM

It is contended that the accused did not threaten the victim in any form or manner at any given
timeframe. The statement made by PW-1in the First Information Report claims that “On 3rd July
2018, four days ago, the moneylender and his 4 companions with lathi came to our house and
demanded the amount borrowed”

3.2.THE ACCUSED DID NOT THREATEN TO INJUR VICTIM’S, REPUTATION OR

PROPERTY OR THE PERSON, REPUTATION OR PROPERTY OF ANOTHER IN
WHOM THE VICTIM IS INTERESTED
3.3.THE ACCUSED DID NOT THREATEN TO CAUSE ALARM OR THREATEN TO
CAUSE THE VICTIM TO DO ANY ACT WHICH THE VICTIM IS NOT LEGALLY
BOUND TO DO
3.4.THE ACCCUSED DID NOT THREATEN THE VICTIM TO BE ALARMED

ISSUE IV
WHETHER THE ACCUSED ARE GUILTY OF MURDER?

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CONCLUSION
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PRAYER

SDSD

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