SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT

COURT COMPETITION, 2013

BEFORE THE COURT OF SESSIONS

IN THE MATTER OF

TRISHA

(PROSECUTION)

V.

ANSHUMAN

(DEFENCE)

UPON SUBMISSION TO THE HON’BLE SESSIONS JUDGE

MEMORANDUM ON BEHALF OF THE PROSECUTION

 TABLE OF CONTENTS

 Table of contents

 List of Abbreviations

 Index of Authorities

 Table of Cases

 Books

 Websites

 Statutes

 Statement of Jurisdiction

 Statement of Facts

 Issues raised

 Summary of Arguments

 Arguments Advanced

 Issue-I

 Whether the Accused is Guilty of Murder u/s 302 of IPC or not?

 Issue-II

 Whether the Accused is Guilty of causing death by negligence u/s 304-A

of IPC or not?

 Issue-III

 Whether the servant be accused u/s 34 of IPC and held liable for murder
or not?

 Prayer

LIST OF ABBREVIATIONS
 INDEX OF AUTHORITIES

TABLE OF CASES:
1. H
 2. H

3. H

4. H

5. H

6. H

7. H

8. H

BOOKS:
1. Criminal Procedure - R.V. Kelkar's

2. Criminal Law: Cases and Materials – K.D. Gaur

3. Commentary on the Indian Penal Code – K.D. Gaur

4. Criminal Law: Incorporating the Criminal Law - PSA Pillai's

5. R. P. KATHURIA, SUPREME COURT ON INDIAN PENAL CODE,

1860 (9th ed., LexisNexis, 2017).

6. Indian Penal Code (With the Criminal Law (Amendment) Act, 2018 –
S.N

WEBSITES:

1. www.blog.ipleaders.in

2. www.indianexpress.com
 3. www.lawyerservices.in

4. https//indiankanoon.org

5. https//legislative.gov.in

6. http://www.findlaw.com

7. http://www.judis.nic.in

8. http://www.manupatra.co.in/AdvancedLegalSearch.aspx

STATUTES:

1. The Code of Criminal Procedure, 1973 (Act 2 of 1973)

2. The Indian Evidence Act, 1872 (Act 18 of 1872)

3. The Indian Penal Code, 1860 (Act 45 of 1860)

STATEMENT OF JURISDICTION
The Hon’ble Court has jurisdiction to try the instant matter under Section 177

read with Section 209 of the Code of Criminal Procedure, 1973.

Section 177:
‘177. Ordinary place of inquiry and trial-

Every offence shall ordinarily be inquired into and tried by a Court within

whose local jurisdiction it was committed.’

Read with Section 209:

‘209. Commitment of case to Court of Session when offence is triable

exclusively by it-

When in a case instituted on a police report or otherwise, the accused appears

or is brought before the Magistrate and it appears to the Magistrate that the

offence is triable exclusively by the Court of Session, he shall-

(a) commit the case to the Court of Session;

(b) subject to the provisions of this Code relating to bail, remand the

accused to custody during, and until the conclusion of, the trial;

(c) send to that Court the record of the case and the documents and articles,

if any, which are to be produced in evidence;

(d) notify the Public Prosecutor of the commitment of the case to the Court of

Session’

STATEMENT OF FACTS

 Trisha and Anshuman were happily married.

 They had a baby boy aged 2 years. They had a servant Motilal who
lived in Trisha and Anshuman’s house and had been serving them
since 17 years.
 Trisha was an extrovert female while Anshuman was an introvert
male which often led to differences between them.
 Anshuman wanted Trisha to attend to their baby boy and often felt
that she isn’t giving time to family.
 Anshuman often discussed about Trisha with Motilal and also
accused Trisha for having extramarital affair with Ramesh to which
Trisha denied.
 One night Trisha went to kitchen to get milk for their baby boy
leaving her phone behind.
 The phone rang to which Anshuman answered. It was Ramesh who
spoke before Anshuman that “let’s meet tonight once your husband
has slept.”
 Anshuman shouted on Ramesh and angrily he went to the kitchen
where Trisha was making milk.
 Anshuman threw boiling Milk at Trisha’s face which burned her
face.
 He started beating her mercilessly. Trisha shouted for help.
 At that moment their child came running towards his mother and
carried him in her arms.
 Anshuman pushed Trisha due to which child fell and his head was
hit with sharp corner of kitchen slab.
 Motilal was sleeping in servant room also came to kitchen.
 He found child in blood. He carried the child but child wasn’t
breathing.
 Motilal thought child died due to Trisha and Anshuman is beating
her because of that.
 Trisha then attempted to run out of the kitchen towards main gate.
 Motilal reached before Trisha and bolted the gate with a lock.
 Anshuman followed her with knife and stabbed Trisha on her chest,
 Trisha fell unconscious then Anshuman realised what all happened.
 He started crying and blaming himself but Trisha took her last breath
30 minutes after the stab.

ISSUES RAISED
Issue-I
 Whether the Accused is Guilty of Murder u/s 302 of IPC or not?
Issue-II

 Whether the Accused is Guilty of causing death by negligence u/s 304-A

of IPC or not?
Issue-III

 Whether the servant be accused u/s 34 of IPC and held liable for murder
or not?