KSHAN – 12th NATIONAL MOOT COURT

COMPETITION 2017

FACTS
On 1/03/2014, marriage between Harsha and Rajkumar Mukerjee was solemnized as per
Hindu Rites and Customs in Nagpur. Harsha Mukerjee since the day of her marriage had
complaints about the indifferent attitude of her in-laws towards her and right from the time she got
married, she used to insist for all sorts of luxuries which were way beyond the capacity of her
husband Mr. Rajkumar Mukerjee. Harsha was suffering from certain diseases of which her family
members were aware of, but the same was concealed from her husband and in laws.

Somewhere in September 2014, she used to vomit quite frequently, and sometimes she
even had complaints of blood vomiting. Her in laws took her to a doctor immediately, after
examining her, the doctors informed the family that she was suffering from Haematemesis. It is
after sometime around December 2014, the wife i.e. Harsha fell sick quite often, her in laws
agitated by the same, called Harsha’s Parents to take her back from her matrimonial house, but the
parents refused to do so and told the in laws to take care of her. The husband Rajkumar Mukerjee
also took care of her health and fulfilled his duties of a caring husband.

From September 2014 till Jan 2015, Harsha was adamant and had frequent quarrels with
her in laws and husband, though most of the times; Rajkumar supported his wife and went against
her in-laws. Sometime around October 2014, Harsha threatened her in laws that she would post
the video on social media of her in laws harassing her physically. After the intervention of the
husband, the matter was resolved between them. Sometime in Last week of December 2014,
Harsha went on a trip with her friends to Spain without taking permission of her in laws, this very
fact agitated them and they were very disappointed with Rajkumar, they thought that Rajkumar
was being quite liberal with his wife.

In Jan 2015, in- laws of Harsha had a quarrel with their son Rajkumar and asked him to
stay separately with his wife or ensure that he listens to his parents, instead of blindly supporting
his wife. In Mid Jan 2015, Harsha and Rajkumar started residing separately in a flat in
Dharampeth, Nagpur. Shri. Hemant Mukerjee, father of Rajkumar Mukerjee expired in Feb 2015
due to heart attack.After the death of Late. Shri. Hemant Mukerjee, Rajkumar along with his wife
moved back to the house of his parents.
Even inspite of all the efforts taken by Rajkumar, he could not stop the quarrels between his hyper
sensitive, short tempered wife Harsha and his mother Sushma. Left with no option, Rajkumar told
the parents of Harsha and asked them to immediately come and resolve the dispute between the
wife and the mother of Rajkumar. The parents of Harsha came to Nagpur, sometime in End of Feb
2015, and tried to resolve the dispute, they explained to their daughter where she was wrong and
told her to amend her mistakes, and not to disturb the peace of the family as Rajkumar and
Sushma were already disturbed with the death of Shri. Hemant Mukerjee.

Sometime in March 2015, Harsha fed up of people pointing out her mistakes and after
every conciliation, entire blame was put on her, to put an end to that Harsha on a stamp paper
which was executed Before Notary, Nagpur stated about her suicidal tendencies as well as the
mistakes committed by her. The same is marked and annexed herewith as DOCUMENT No.1.

Sometime in April 2015, the mother-in-law of Harsha, Sushma wrote to the Superintendent
of Police, Nagpur requesting him to intervene in the matter, as they were worried about the
suicidal tendencies as well as the harassment caused by Harsha to the family, the police had
refused to intervene, the letter written to SP, Nagpur was a final attempt from the family to bring
an end to the harassing tactics of Harsha.

After complaints made by Sushma, with police authorities, no action was taken in the matter,
Harsha did not mend her ways and continue to harass her in laws and husband. Considering the
behavior of Harsha, her in laws and husband decided to initiate reconciliation talks with the
parents and brothers of Harsha and called them to Nagpur. At time of reconciliation i.e on 27th
April 2015, Rajkumar played a CD bearing the voice recording of Harsha, in which she threatened
her in laws, that she would commit suicide and told her that she would even state in the suicide
note that she committed because of her in laws and husband. The brother and father of Harsha
very infuriated with the behavior of their daughter and told her that this was the last chance for her
to mend her way or else even they would not help her or support her. It is on 28th April 2015 i.e. at
around 2.30 am, Harsha committed suicide by burning herself. The father of Harsha, Gopal Jain
had lodged a complaint with Burdi Police Station, alleging that the deceased i.e. Harsha had
committed suicide on account of ill-treatment, demand of dowry etc by Sushma and Rajkumar and
on the basis of the said complaint, FIR was registered an offence punishable under Sections 498-A
and 306 of I.P.C vide Crime No. 106/2015 against Sushma and Rajkumar.

Subsequently on 29th April at 11.00 pm, Sushma and Rajkumar were arrested by Burdi
Police Station, they were produced before Judicial Magistrate First Class No.1, Nagpur wherein a
PCR of 3 days was granted to them. They were sent to judicial custody on 3rd May 2015, the bail
application came to be filed before Sessions and District Judge, 3, Nagpur on the same day and
they were granted bail in the last week of May, 2015 on the ground that considering the evidence
that Harsha had admitted her guilt on the stamp paper as well as CD bearing recording of
threatening her mother in law and husband, the court held that her reason of committing suicide
could because of her brother and father did not appreciate her behavior with her in laws and
husband, and told her that they would not support her.

The chargesheet came to be filed on 03.09.2015; the charge sheet was forwarded to
District and Sessions Judge, Nagpur, 3.
 First Information Report

(Under section 154 of Cr.PC)

1. District: - Nagpur Police Station: - Burdi Year: - 2015

FIR No. 106/2015 Date: - 28/04/2015

2. i) Act:- Indian Penal Code,1860 Sections:- 498A and 306

3. a) Occurrence of Offence:- Day:- Tuesday Date:- 28/04/2015

From: - 2.30 am hours on 28/04/2015

b) Information received at Police Station:-

Date: - 28/04/2015 Time: - 6.05 am

c) General Diary Reference: - Entry No. Time:-

4. Type of Information: - Death Written/Oral: - Written

5. Place of Occurrence: - Dharmpeth

A) Direction & Distance from Police Station: - west Beat No. :-

b) Address of the Police station: - Burdi, Nagpur

6. Complainant/Informant

a) Name: - Gopal Jain

b) Father’s/ Husband’s Name: - Hemchand Jain

c) Date/year of birth Age: - 55 years

d) Nationality: - Indian

Phone Nos. N/A

e) Passport No:-N/A

Date of Issue:-N/A
Place of Issue: - N/A

f) Occupation: - Business

g) Religion: - Hindu

h) Address: - Main road, Burdi, Nagpur District: Nagpur

7. Details, Name & Address of Known Accused:-

1) Mr. Rajkumar Mukherjee

2) Mrs. Sushma w/o Hemant Mukherjee

8. Reasons for delay in reporting by the Complainant/ Informant:-

On the basis of written complaint lodge by the complainant

9. Particulars of properties stolen/recovered

(Attach necessary Performa)

The details on a back blank page:- N/A

a. Total Values of properties stolen/ involved:- NA

b. Recovered properties: - N/A

c. Unnatural/ Accidental death. Case No, if Any:-

10. First Information Brief contents (attach separate sheet, if required) details write down back
blank page: N/A

11. Inquest Report/U.D Case No, if any:-

12. F.I.R contents (Attach separate sheets, if required):- Facts are as under the marriage of the
herein accused no. 1 was solemnized with the herein deceased Harsha 2years ago. Two months
after the marriage the accused no. 1 and 2 subjected the herein deceased to mental and physical
harassment over the issue of bringing dowry from her parents house.(on account of getting fed up
with the said harassment the herein deceased set herself on fire at her own house and thereby
died). On the basis of report an offence under sections 498A and 306 IPC has been registered and
taken up for investigation.
13. Action taken: - Immediately since, registered the case and took up the investigation/ directed
to take up the investigation. F.I.R read over to the Complainant/informant, admitted to be correctly
recorded and a copy given to the Complainant/informant, free of cost.

Sd/- Sd/-

Gopal Hemchand Jain N.V Jhadao

Police Station Officer.

14. Signature/Thumb Impression of Signature of the officer-in-the

complainant/Informant: - Charge of Police Station:-

Sd/-

Name – N.V. Jhadao

Rank: - Assistant Police Inspector

Police Station: - Ramnagar

15. Date and time of dispatch to court:-

 STATEMENTS

Gopal Hemchand Jain

1. Deceased Harsha was my daughter. Her marriage was solemnized with the accused
Rajkumar Mukherjee. The said marriage was performed on 1st March, 2014. After marriage
she went to reside with the accused at his house. For the initial period, after marriage, she
was given good treatment. But, thereafter the quarrel started between the accused and my
daughter. We have received information about the ill-treatment to my daughter at the hands
of Rajkumar and his mother from the letter received by us and thereafter when we visited
her house on receiving telephonic message about the her ill health. The letters were
received on my address. At the time of marriage, gold ornaments valued at about Rs
6,00,000/- was demanded by accused and the said ornaments were brought on loan and
given to her by us. At around in the month of September 2014 Because of the ill treatment
by the accused, she was not keeping well and the blood was coming out when she was
vomiting. In that respect, we were called and the accused has stated us that they had given
the medical treatment to our daughter and they had shown some paper about the medical
treatment given to her. Thereafter we had taken her to Medicare Hospital, Pune where she
was admitted for 4days. But, during the period when she was admitted to the hospital, she
has no issues of blood vomiting. Dr.Rakesh Gondane had issued medical certificate in that
respect. Thereafter, we brought her to our house in Pune. Accused did not visit our house
after my daughter was brought to our House in Pune to see her. He visited our house after
about 40-45 days and took her to his house at Dharmpeth. Thereafter, for about 3-4
months, she was given good treatment but again was subjected to ill-treatment and we
were informed that she again complained of blood vomiting.

2. Thereafter, we visited the house of Rajkumar in Dharmpeth. That time she was admitted to
the hospital at Dharmpeth. She did not intent to come back and stay with us and wanted to
reside with Rajkumar. After few days when a son was born to my eldest son’s wife, my
daughter and Rajkumar visited our house. Thereafter Rajkumar left her at our house and
said will come to fetch my daughter after 8 days but hedid not come. I along with 5-6
persons went to drop my daughter at Dharmpeth but Mrs. Sushma Mukerjee did not allow
us to enter his house. That time the accused persons had asked my daughter to sign some
documents, and will allow her to enter only after she signs on the same. The said
documents were written in my presence and others and on which my daughter refused to
sign.
 But thereafter she signed on those documents and also asked us to sign on the same stating
that she wishes to reside with the accused and would give them in writing whatever they
want. Thereafter we returned Pune. Again after 3-4 months later, we were called back to
Nagpur to attend the meeting as again my daughter had some health issues and had the
quarrel with the accused. There were 2 meetings. In the first, it was decided that my
daughter and the accused would reside separate from her mother in law. And accordingly
they started residing in same house but on different floor. During the Rajkumar abused me
and my son with the knife. And again after 2-3 months thereafter, we were called for
another meeting held on 28.04.15 and the said meeting was attended by me and the others.
In that meeting, there was discussion when elder members of both families tried to
convince the accused and my daughter to cohabit cordially but he refused to do so. On the
same night Rajkumar again threatened us of dire consequences and to repent for the same
in future. Thereafter we went back our Hotel. Thenceforth at about 2.00-2.30 am, I got a
call from Rajkumar that Harsha had committed suicide, upon reaching the house of the
accused, we asked the fire brigade persons as to whether fire was extinguished, they said
that unless the power supply is discontinued, they are not in position to pour the water as
there was possibility of electric shock and it was about 2.30 am. Afterwards the police
came and broke open the outer which was chained from inside and pushed and opened the
second door. We saw that Harsha was lying and had burn injuries.

3. Thereafter we lodged report against Rajkumar and his mother on account of ill-treatment
and harassment for demand of dowry at the police station. The report is shown to me is the
same. It bears my signature. The content of the report are correct and the same was
recorded by police during the investigation.
 PANCHANAMA OF THE SPOT OF OCCURRENCE, DATED-28.04.15

Nagpur

Date-28.04.15

Name of the Panchas:-

1 Sukhwinder Sahani

Aged 65yrs,

Resident of 123, Dharmpeth,Nagpur

2. Sunil Shah

Aged 45 yrs,

Resident of 157, Dharmpeth, Nagpur

I hereby state that Shri. M.H Sheikh, Police Inspector, Police Station Burdi
called and informed that on 28.4.15 , at about 02.30 o’clock , that Mrs.Harsha Rajkumar
Mukherjee ,aged 24 yrs , resident of Dharmpeth , Nagpur , who is the deceased in Crime No.
106/15 , under Section 498(a) and 306 of I.P.C died and that deceased’s father gave complaint
(report) in the Police Station to the effect that she Committed suicide on account of physical
harassment for coercing unlawful demand of dowry at the hands of (1) Rajkumar s/o Hemant
Mukherjee and (2) Sushma w/o Hemant Mukherjee. He further informed me that on the basis of
the said complaint (report), the aforesaid crime was registered and requested them to remain
present to act as Panchas while executing PANCHANAMA of the spot of occurrence in the said
crime. The complainant Gopal Hemchand Jain, i.e the informant and the deceased’s husband
Rajkumar Mukherjee showed the spot of occurrence; it appears that it is the residential house of
Rajkumar Mukherjee. The incident took place on the second floor of the said house Ground floor
of the said house is facing towards south. There is cement staircase for going upstairs from the
northern side. There are total 13 stairs in the said staircase. There is a gallery measuring 2 ¼ feet
wall of the said gallery is 2 ¼ feet high. After the gallery, there is wooden door fitted on the
northern side for entering. The said door measures 6 ½ feet in height and 3 feet in width and the
same is having ventilator provided with 11 bars and iron handle from the outside and tower bolt
from inside. After the said door, there is northern side door of the main room at a distance of 9
feet. There is 4 feet wide cement sheet’s partition between both the doors. Main door of the room
is provided with the iron handle from inside and outside.
 The said room is ad-measuring about14X12 and it is provided with the cement slab and
cement flooring. Pillow, Few clothes of men and women are kept on the bed and the same have
become wet. The mixer and other articles which are kept in it have become blackish on account of
affecting due to fire. Similarly, wall and roof have become black due to smoke. At the centre of the
western side wall of the said room, there is a window provided with 11 iron bars and wooden
shutter which is partly open. On the western side of the said room, there is closed room in which
chairs and tables are kept. On the southern side there is one wooden door provided with iron
handle from inside and outside and the same is burnt from inside to the extent of 3 feet and on
account burning the wooden shutters are reduced to charcoal at some places .outer portion of the
said doors appears intact at the other side . Adjacent to the said doors, there is one big window
measuring 6X4, after a gap of 2 feet and the side window is provided with four shutters which are
open .On the southern side of the said door, there is the terrace measuring 8X10, provided with
wall measuring 2 ½ feet in the height on the eastern side and southern side. On the western side,
there is a kitchen and adjacent to it is a bathroom. The upper floor is bounded as above. The
deceased Harsha Rajkumar Mukherjee is lying on the bed and has been declared dead having
sustained injuries.

An Inquest Panchanama is recorded separately on the dead body of the said deceased.
Photographs of the said deceased have been taken in the beginning by Shri. Raju Dhedia, the
Photographer. The mattresses spread on the said bed; tables fan, tape recorder and the said sofa are
burnt to the extent of 80 to 90 %. On account of throwing water for extinguishing the fire,
mattress have become wet .Entire portion of the mattress have become blackish. Ladies watch,
bundle of white thread having needle, paper and cloth lying on the said burnt mattress are also
burnt. One glass bottle broken into pieces is lying under the stool kept near the door and the sofa.
The pieces of the said bottle are emitting smell like that of the kerosene. Adjacent to the eastern
side of the wall there is one loft above the cot. Two suit cases, one drum, two circular and edged
metal dishes, one register are kept on the said Loft. Near a said photo, there are religious books.
Similarly the water mixed with ash, ash burnt of clothes have been seized and taken into custody
in little quantities from the said room. Portion of the inner side of the roof of the said room and the
portion up to the window from the southern side door have become black due to smoke. Electric
light in the said room is on. Ceiling fan and wiring have become black due to smoke. On taking
smell of ash mixed water accumulated by the side of the deceased, it is emitting smell like that of
kerosene. The said water has been filed in a separate bottle and taken into custody.
Four boundaries of the said spot of occurrence are as under:-

On the eastern side, there is the house of Raju Chawla . On the western side, there is an open
space belonging to Rajkumar Mukherjee and beyond it there north-south road leading in the
colony. On the northern side, there is east-west road leading in the colony. On the southern side,
there is east-west road leading to the colony.

The proceeding of the said Panchanama of the spot of occurrence were started this day,
28.4.15 at 04.45 o’clock and completed at 06.15 o’clock in the presence of the Panchas at the spot
itself.

Before me, Signatures of the Panchas

Sd/- 1. Sd/- Sukhwinder Sahani

M.H Sheikh, 2. Sd/- Sunil Shah

Police Inspector

Date 28.4.15
 INQUEST REPORT, DATED – 28/04/2015 (TRANSLATED)

An Inquest Report

(Under section 174 of Cr PC)

Police station Burdi,

Crime No.106/15, under sections 498 (A) and 306 of I.P.C

To,

The District Magistrate or Sub divisional Magistrate,

Soon after getting an information that deceased named Mrs Harsha Rajkumar
Mukherjee , about 24 years resident Dharmpeth, Nagpur who died on account of sustaining burn
injuries, (I) went to the place where the dead body was lying and inquired in presence of two
respectable persons residing there in the neighbourhood about the apparent cause of death. The
signatures of the said persons are on this report. The deceased’s father, brother and husband
identified the said dead body and declared it to be Harsha.

The dead body of the said deceased in lying on the paved floor of the room on the first floor of the
house of her husband.Head of the said deceased is towards southern side door (i.e. towards south)
while both legs are apart from each other and the same are towards northern side door of the room
(i.e. towards north ) with heels touching the floor. There are burn injuries from head up to the
soles of the said deceased and skin has become blackish. Skin on the thighs is peeled off. Face is
facing towards the roof. Hour on the head of the deceased is long. But on account of burning the
same are contacted. Entire face has become black. Eye- brows are burnt. Eyes are closed. Blood
mixed with froth is oozing out from the nostrils. Mouth is open and teeth are visible. Lower lip is
distended and white froth is visible there. There are burn injuries on the ears of the said deceased.
There are burn injuries on the neck of the said deceased and it is appearing black. Both hands are
straight from the shoulder and the same are bent towards the head from the elbows in the form of
‘W’ palms of both the hands are facing the roof .Fingers are partly clinched. There are burn
injuries on entire both the hands and skin is peeled off at several places. Burn injuries are visible
on the complete portion from the breast up to the waist and skin is peeled off at several places.
Clothes worn around the waist of the deceased are burnt. There are burn injuries from the thigh up
to calf of left leg and front portion is intact.. Similarly, burn injuries are visible on the back side
portion. There is Bichwa (toe-ring) around the toe adjacent to the great toe of the deceased. The
Lady Inspector accompanying us further disclosed that suspicious injuries were not found on the
private parts of the deceased. It is the opinion of the Panchas that the deceased committed suicide
by setting herself on fire. I agree with the said opinion. Still, then, in order to know the exact cause
of death of the said deceased, the dead body has been sent for postmortem examination The
proceedings of the said panchnama were started this day 28.04.15 at 8:10 o’ clock and concluded
at 8:40 o’clock.
Name of the panchas:-Signature of the panchas:-

1) Mr. Sukhwinder Sahani Sd/-

2) Mr. Sunil shah Sd/-

Before me

Sd/-

M.H sheikh

Police Sub Inspector

Police station, Burdi

 MATTER REDUCED TO WRITING ON STAMP PAPER DATED: 22.03.15

S.NO 2806

Name – Sou. Harsha Rajkumar Mukherjee, Resident of Nagpur

Dated: 22.03.15

Sd/-

CI Gandhi

Stamp Vendor

Executed in favour of: - Rajkumar Hemant Mukherjee,

Resident of Nagpur

Executed by: - Sou. Harsha w/o Rajkumar Mukherjee,

Resident of Nagpur

This day, 22.03.15, Sunday, in the presence of my father, brother, sisters, husband and
the panchas, I willingly give my admission in writing as under: -

I along with all my relatives came to house of my husband’s Rajkumar at Dharmpeth

Nagpur on 26.12.2013. My marriage was solemnised with Mr. Rajkumar on 1.03.2014 at Nagpur
as per the prevailing customs of the community. No dowry was given by my parents. I was
staying with my husband till 21.03.2015. During this period, I have making all sorts of weird
demands and caused harassment to my husband and my in-laws.

Often, I used to harass and threaten my husband and in laws on the pretext of
committing suicide. Because of the repeated harassment caused to my husband and in laws,
therefore in the presence of my parents, brother, panchas I am giving in writing the admission of
my mistake, I am further giving the assurance that I would not cause unnecessary harassment to
my husband or in laws. I hereby state that, I made allegation against my husband in that my
husband used to coerce me and demand for dowry, further he had fallen in love with another
woman and that he had not established sexual relation with me. I state that all these allegations
made by me against my husband are false. I had made all such allegations in order to defend me.

It is because of my repeated mistakes, my husband and in laws were not ready to allow
me to cohabit with my husband as they feared for their lives. But, today in the presence of
Panchas and relatives. I give my admission in writing that I would behave in good manner
hereafter and not repeat the mistakes committed by me previously.

If I commit any mistake in future, I will be solely responsible for it and my husband or in laws
will have the right to take legal action against me for my mistake committed by me in future.

I am giving this admission and assurance in writing.

Hereafter the responsibility of the girl will be on our shoulders.

Nagpur

Guarantor Executed by-

1. Sd/- JM Khetan 1. Sd/- Harsha Mukherjee

2. Sd/- Gopal Jain (Father)

2. Sd/- Bheru Das 3. Sd/- Sanjay Jain

Uncle, Pune

Witnesses 4. Sd/- NC Mehta

1. Sd/- MD Pabani Uncle, Nagpur

2. Sd/- Raju Bhagchand Chawla

Seized from PANCHAS

House of Deceased 1. Sd/- MD Pabani

2. Sd/- RB Chawla
 STATEMENT OF ADMISSION GIVEN BY THE ACCUSED SHRI RAJKUMAR
MUKHERJEE DATED 18.05.2015 ALONG WITH SEIZURE PANCHNAMA DATED
18.05.2015

(under section 27 of The Evidence Act)

MEMORANDUM PANCHNAMA

(Statement of admission)

Police station

Burdi

Dated 18.05.15

At 13.20hrs

Name of the accused: SHRI RAJKUMAR MUKHERJEE

Aged 27 years resident of 125, Dharampeth, Nagpur.

Crime no. 106/15 under sections 498A and 306 of Indian penal code has been
registered against me. I am under custody at police station Burdi. The CD recordedby me in
respect of my deceased wife Harsha and statement of admission (statement of admission) obtained
in writing from Harsha, have been kept by me in my house. You accompany me. I take out and
produce the same.

The recording of the said statement of admission was completed at 13.30hrs in the police station
Burdi in the presence of the following panchas.

Name of the panchas:

1. Meghraj Devendas Pabani

2. Raju Bhagchand Chawla Signature of the Accused

Sd/- R. Mukherjee

Signature of panchas

Sd/- M D Pabani

Sd/- RB Chawla
SEIZURE MEMO (PANCHANAMA)

Name of Panchas:

1. Meghraj Devendas Pabani

Aged 54 years resident of Dharampeth, Nagpur.

2. Raju Bhagchand Chawla

Aged 35 years resident of Dharampeth, Nagpur.

In the presence of the aforesaid panchas, at police station Burdi, I shri KD Kolhe,
the police station Burdi recorded the statement of admission given by Rajkumar mukherjee aged
27 years resident of 125, Dharampeth Nagpur, the accused in crime no. 106/15 under section
498A and 306 of Indian penal code. Then I asked aforesaid panchas to accompany me to the spot
of occurrence along with the accused. On if, the aforesaid panchas agreed for the same.

Along with the aforesaid panchas and the accused Rajkumar Mukherjee I boarded the auto
rickshaw and we went to the house of the accused Rajkumar Mukherjee. The accused took out and
produced from his house one CD tape in respect of deceased Harsha. On playing the said CD in
his in the presence of panchas words spoken by the deceased Harsha and her husband are found
taped in the CD. Panchnama in details is executed regarding the version taped in the said CD.

1. Description of the CD: one CD of T-Series Company having white cover. Letters H.F.G.O. are
written on the said cover as well as the CD. Version of deceased Harsha and accused is recorded
in the said CD.

2. A stamp paper of Rs. 20 dated 25.10.14 purchased in the of Harsha Mukherjee. It bears the
names of persons as above i.e. executed in favour of and executed by. It contains admissions
regarding pretension of committing suicide. The said contents are written on the stamp paper on
28.10.14.

As the accused Rajkumar Mukherjee produced in the presence of the panchas the above described
CD and two stamp papers related to the deceased Harsha, the same has been seized. The
proceeding of the said panchnama has started on 18.05.15 at 13.35hrs and completed at 14.10hrs.
it bears the signature of panchas.

Signature of the accused

Sd/- R Mukherjee

Signature of the panchas

1. Sd/- MD Pabani

2. Sd/- RD Chawla Before me,

Sd/- KD Kolhe

Police Sub Inspector

 POST MORTEM EXAMINATION REPORT OF THE DECEASED SMT. HARSHA
RAJKUMAR MUKHERJEE DATED: 28.04.2015

Out ward no. 7718

Office of civil surgeon Police Station,

General hospital, Nagpur Burdi,

Dated: 28.04.2015 Inward No. 1056/15

Dated: 15.06.15

Post Mortem Report No. Ref. No.

GENERAL PARICULARS:

1. By whom was the corpse sent? : PSO, Burdi, Nagpur

2. Name of place from which sent? : 125, Dharmpeth, Nagpur

3. Distance of place from which sent? : approx. 1KM

4. By whom the corpse brought? : PC Himmat, B.NO : 2064, Burdi,

Nagpur

5. Body Identified by: (Relative of deceased):Gopal Hemchand Jain

6. Date and Hour of Receipt of Inquest Paper and Dead Body: 28.4.2015; 2.50 PM

7. Date and Hour of Starting Autopsy: 28.04.15; 3PM

8. Date and Hour of Concluding Autopsy: 28.04.15; 4PM

9. Substance of accompanying Report from Police Officer or Magistrate, Together with the
date of death, if known: According to police report about the said death due to suicidal
burn injuries to know the exact cause post mortem is being done.

EXTERNAL EXAMINATION:

10. Sex, age, race or caste. Description of clothes and ornaments on the body: Female, 24
years

11. Condition of the clothes: blackish.

CONDITION OF THE BODY:

12. Whether well- nourished, thin or emaciated: burnt

13. Rigor mortis- well marked, slight or absent, whether present in the whole body or part
only: rigor mortis slightly present all over body.

14. Extent of decomposition: No decomposition

15. Features: both eyes closed, mouth open, tongue inside mouth

16. Position of Limb: upper limb semi flexed at all joints, lower limbs straights

17. Surface wounds and injuries: superficial to deep burn injuries

18. Are the injuries serial no. 17 and 18 ante-mortem injuries: yes, anti-mortem

INTERNAL EXAMINATION:

19. HEAD

1. Injuries under the scalp and their nature: NAD

2. Skull: NAD

3. Brain: coverings- congested, brain- congested

20. CHEST (THORAX)

1. Ribs and Chest Wall: burnt

2. Pericardium: congested

3. Trachea, larynx and Bronchi: congested

4. Pleural Cavities: congested

5. Lungs: congested

6. Heart with weight: empty

7. Large blood Vessels:

21. ABDOMEN

1. Abdominal wall: burnt

2. Peritoneum: congested

3. Stomach and content: 100CC Blackish liquid

4. Small Intestine, Large intestine and pancreas: congested

5. Liver, gall bladder: congested

6. Spleen: congested

7. Kidney: congested

8. Bladder: empty

9. Genital organs: uterus- normal size, uterine cavity- empty, aduexa- normal

State which viscera ( if any) have been retained for chemical examination and also
quote the numbers on the bottles containing the same?

Routine viscera preserved, sealed and handed over to the police constable on duty

22. SPINE AND SPINAL CORD

Not examined. The spinal cord need not be examined unless there are any indications of
disease, strychnine poisoning or injury.

Opinion as to probable cause of death: shock due to superficial two deep injuries

Dated: 28.04.15

Sd/-

Medical officer

General hospital,

Nagpur.
SEIZURE MEMO DATED: 28.04.15

Police Station, burdi

Dated: 28.04.15

1. Police Station : - Burdi, District: Nagpur

2. Crime No. : - 106/15. Under section 498A and 306 of IPC

3. Name of the : - Gopal Khemchand Jain, aged 55 years,

Complainant Resident of Main Road, Khamgaon, District: Buldhana.

4. Name of the officer : - Shri. KD Kolhe

By who seized Police Sub Inspector

Police Station, Burdi.

5. From whom seized : - From the Spot of Occurence

6. Place of making : - From the house( spot Panchnama) of the

Seizure the accused Rajkumar Hemant Mukherjee.

7. Date and Time of : - 28.04.15 at 09.15 o’clock

Making Seizure

8. Purpose of making : - For the Purpose of Evidence.

Seizure

9. Description of the :-

Seized articles 1. One sealed small glass bottle

containing kerosene mixed with water and

Ash.

2. On empty plastic can emitting smell of

Kerosene.
 Name of the Panchas:

1. Sukhwinder Sahani

2. Sunil Shah

Signatures of panchas:

Sd/- Sukhwinder Sahani

Sd/- Sunil Shah

Before me,

Sd/- KD Kolhe

Police Sub nspector

Police Station, Burdi.

CHEMICAL ANALYSYSER’S REPORT, DATED-07.06.2016

Stamp: No. N-(T)/15743of/16

Police Station Burdi M.L Case no. MN-_________

Inward No.1127/2016 REGIONAL FORENSIC

Date:-______________ SCIENCE LABORATORY,

STATE OF MAHARASHTRA

DHANTOLI, NAGPUR-440012

Date-7.06.16

To,

The Police Station Officer

Burdi Police Station,

Nagpur.

Your letter no. 3062/15 dated 14.11.15 regarding One sealed bottle, One sealed parcel &One
sealed plastic bottle in connection with C.R No.107/15 under I.P.C section 306, 498(A) stated by
you have been despatched on per P.C No.2046 was duly received in this office on 18.11.15 .

Description of parcel/s

- One sealed bottle, One sealed parcel and One sealed plastic

Bottle seals intact, as per copy sent.

Description of articles contained in Parcel’s

- Exhibit No.(1):- Empty partly burnt plastic can labelled Article No.A

- Exhibit No. (2):- Partly burnt pieces of Sari & Cotton swab labelled Article No. B2

- Exhibit No. (3):- Turbid liquid in a bottle labelled Article No.C3

Exhibit Nos.(1) to (3) also labelled in crime no. 107/15

Take further action immediately.

Sd/-

Date- 29/6
 RESULT OF ANALYSIS

1) Results of the tests for the detection of Kerosene residues in/on Exhibit Nos. (1) And (2)
are positive.

2) Results of the tests for the detection of Kerosene residues in/on Exhibit No. (3) are
negative.

Sd/- M.B. Sonkusare

(M.B SONKUSARE)

Assistant Chemical Analyst

Regional Forensic Science Laboratory

State of Maharashtra

NAGPUR-12

Please arrange to take back the property within fifteen days or else this office will not be
responsible for any loss or damage.
THE STATEMENT OF HARSHWARDHAN RAI, RECORDED BY POLICE SUB
INSPECTOR SHRI.M.H SHEIKH DATED 28.04.15(TRANSLATED)

Statement

Date-28.04.15

Harshwardhan son of Bhagu Rai aged 34yrs

Occupation: - Bakery, Resident of Dharampeth, Nagpur

I am neighbour of Mr. Rajkumar Mukerjee and his mother Sushma. I know them since I
was a child. I hereby state that since the marriage of Rajkumar with Harsha, our relationship got
strained, as every time there was a fight between Harsha and in-laws, I used to support Harsha as i
thought she was alone and she needs help and counselling. But sometime around December, 2014,
when Harsha went out with her friends knowing very well that her father-in law wasn’t keeping
well, and even inspite of that she did not bother to take permission from her husband or mother-in-
law. It is after she came back from her vacation with her friends, I thought she was a completely
changed person, she was insensitive towards the family and even after the death of her father in
law her behaviour did not change. It is in month of February, 2015, It came to my knowledge that
she is allegedly in a relationship with some other guy and in planning to leave Mr. Rajkumar. I
tried to tell Rajkumar about the same but I could not do so, as I thought he will get all the more
disturbed, as his father had expired few days back. It is in March, 2015, I came to know that there
have been some reconciliation talks with family of Harsha, and her family members have
apologised to Rajkumar and Sushma Mukerjee regarding the harassment caused to them and have
also executed a stamp paper to that effect. It is unfortunate that even inspite of the fact that
Rajkumar treated Harsha with all the love, affection which a wife deserves. It is saddening to say
the least, that the family members of Harsha have falsely levied allegations that Harsha committed
suicide due to harassment caused to her by Rajkumar and Harsha.

This is my statement. It has been recorded correctly as per my version. It has been read over to
me. The same is recorded correctly.

Before me,

Sd/- M.H Sheikh

Police Sub Inspector

This is for the participants who would qualify for the Quarter Final, Semi Final and the
Final rounds.

ORDER

Accused Rajkumar Hemchand Mukherjee is convicted of the offence punishable under Sec. 498A
of the Indian Penal Code and is sentenced to undergo rigorous imprisonment for one and a half
years and (18 months) and to pay a fine of Rs. 1000/- in default to undergo further rigorous
imprisonment for 6 months.
The accused is further convicted of the offence punishable under Sec. 306 of the Indian Penal
Code and is sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.
2000/- in default to undergo further rigorous imprisonment for one year.
Both the sentences of imprisonment to run concurrently.

GROUNDS

1. The conduct of the accused by preparing the documents i.e the stamp paper shows that the
accused took all precautions to save himself or prepare the evidence in his defence.

2. There was physical and mental harassment which was sufficient to drive a woman to commit
suicide.

3. The prosecution has proved their case beyond reasonable doubt.

4. That the evidence in this case is sufficient to prove that cruel treatment was given by the
accused to Harsha so as to drive her to commit suicide and there was illegal demand.

5. Harsha committed suicide and there was complaint of ill-treatment to her. Her death occurred
within 7 years from the marriage. So the provisions of section 113A of The Evidence Act shall
apply to the facts of the present case and prosecution has made out their case beyond reasonable
doubt.

Note: Participants are requested to challenge the said order before the appropriate appellate
authority.