IN THE COURT OF HON'BLE SESSIONS JUDGE

STATE PROSECUTION

VERSUS

BABU RAM

ACCUSED

MEMORIAL FOR THE ACCUSED

SUBMITTED TO SUBMITTED BY

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 .LIST OF ABBREVIATIONS

AIR ALL INDIA REPORTER

Cri L J CRIMINAL LAW JOURNAL

Cr.P.C CRIMINAL PROCEDURE CODE

HC HIGH COURT

Hon’ble HONORABLE

PW PROSECUTION WITNESS

SC SUPREME COURT

U/S UNDER SECTION

V. VERSUS

C.P.C. CIVIL PROCEDURE CODE

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 INDEX OF AUTHORITIES

Cases Referred

 Jagroop Singh versus State of Haryana

Statute Referred

 CRIMINAL PROCEDURE CODE

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 QUESTION OF LAW

Q-1 Whether number of blows inflicted by an accused are relevant for ascertaining the

intention of accused or not?

Q-2 How Knowledge that death would be likely to ensure by an act be attributed to the

accused?

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 ARGUMENT

Q-1 Whether number of blows inflicted by an accused are relevant for ascertaining the

intention of accused or not?

Ans. Yes, in case tilted as Jagroop Singh versus State of Haryana the Hon’ble Supreme

Court held that Accused struck a blow on the head of the deceased with blunt side of

gandhala - Assault in heat of moment and without premeditation - Hence case would be

covered by Exception 4 of Section 300 - Clause Third of Section 300 would not apply

and in a sudden fight. The same case is applicable on present case.

Q-2 How Knowledge that death would be likely to ensure by an act be attributed to the

accused?

Ans. This is the case very fight took place by the sudden provocation of the accused. This is

not preplanned murder. Therefore the death may be caused due the injury given by the

accused but the case does not fall in section 302 IPC.

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 PRAYER

Therefore, in the light of facts presented above, the defence humbly prays before the

Hon'ble Court that it may be pleased to adjudge and declare that the accused is not liable under

Section 302 IPC.

As there was failure of justice, moreover, prosecution has failed to raise the point at

earliest opportunity. Every accused has a fundamental right of fair and proper trial, where he

must know what he is charged with and what are the facts and scenario which must be

established against him, are elucidated and explained to him in an unequivocal manner and in

addition to this be must be provided with a fair and proper chance of defending himself against

the charges framed against him.

So, in the interest of justice that the accused may kindly be acquittal from the offence
under Section 302 of IPC

Counsel for the Accused