LAW OF EVIDENCE

INTERNAL

Aadhithya Krishnan P
1410
5th Semester
 SUMMARY

Mr X is a businessman and a law abiding citizen. He has no record of criminal

behaviour to his name. X has a wife and in that wedlock he had three children. Mr
X is an unfortunate father. He started his life as a daily wage worker and gradually
through his continuous hard work and persistence engaged in various avocations
and major businesses and earned substantial income. Using his income, X educated
his children as a responsible father and also discharged his marital obligation as a
husband. Then he sent both of his children abroad for higher studies and they
became well settled. The wife of X is also abroad working as a nurse which meant
X was alone most of his life.

Mr X wanted to build a house in his village and upon hearing this A, a broker
wanted to get into agreement with X and they discuss the various terms and
conditions. X upon hearing the proposition put forward by A, agrees to it and the
other conditions put forward by him and they both agree on the matter. After a few
months, Z another broker, goes to X with an offer for the sale of the same land for
a much cheaper price tag. X even though he knew about the agreement with A,
proceeds to go behind his back and gets into an agreement with Z and purchases
the plot of land in the village and commences construction work on the land.
A upon hearing this, becomes enraged and on May 16th 2020, confronts X at his
house. They both start swearing at each other and then they start fighting. The
neighbours upon hearing the ruckus caused by both of them, intervene and break
up the fight. A, who is clearly angry, plans to kill X. A conspires with B and
hatches a plan to kill X as revenge. A upon talking with X’s neighbours finds out
that the wife and children of X were abroad at that point of time and also found out
that X suffers from a disease which can prove fatal to him if he is hit on the
abdomen with force and proceeds to borrow heavy and blunt striking weapons to
hit and cause death to Mr X. On 17th May 2020 at 12pm midnight, A and B
trespassed into X’s land and entered his house and sees X lying on his bed. A and
B upon seeing X starts beating X violently and then muffles his mouth with a
towel. Then they proceed to tie X on the window sill and continues to strike him
with the blunt weapons on the abdomen and stomach. X starts to scream and cries
for help and upon hearing the loud cries for help, the neighbours rush to the spot
and find X on the floor of his bedroom covered in blood and sees A and B running
from the scene. The neighbours try catching A and B but fails X is rushed to the
hospital and is admitted to the ICU and is labeled as in ‘critical health’ after
suffering injuries to his stomach and also broken bones.

After the incident both A and B absconded from their houses. The police after
finding out about the incident which happened on 16th May 2020 calls up both A
and B and conducts an identification parade and the eyewitnesses who were
present at the time of the offence point out A and B as the assailants. A and B are
charged under the specific sections and then is presented in front of the magistrate.
A and B initially confessed the offence but after they both raise the plea of alibi by
saying that they were at a wedding outside the district and raise the fact that it is
impossible for them to be present during the commission of the act but the plea for
alibi is rejected by the court.