Professional Documents
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TRIAL PROPOSITION
The Indiana Penal Code of 1860 is the general penal statute of Indiana. Enacted
in 1860, it is a comprehensive code designed to meet all substantive features of
criminal law. Drafted during the British colonial era, the IPC was enacted on
October 6, 1860, and came into effect on January 1, 1862. The code has since
undergone amendments to address emerging legal needs while retaining its core
principles. The IPC is structured into chapters, each addressing specific
categories of criminal offenses. The code encompasses many offences, ranging
from crimes against the person, property, and state to offences related to public
health, morality, and faith. It prescribes penalties for offences, incorporating the
principles of proportionality and justice.
Aruna, a talented and accomplished young woman, completed her LL.B. degree
from Gopal Ishwar Prasad University (G.I.P.U.) in 2019. Her journey through
academics has been commendable, and she has consistently exhibited dedication
and passion in her pursuits. After much anticipation, Aruna's parents were
delighted to announce her marriage, which was solemnised on 25.04.2021, at
Loni Colony Ghaikawad. The groom, Mr. Gautam Kumar, is a young and
charming individual with aspirations to establish his own business. We believe
his entrepreneurial spirit aligns well with Aruna's enthusiasm and determination.
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Aruna's marriage to Gautam Kumar was celebrated as a grand affair in the city of
Dehuj, with guests and relatives from across the nation joining to bless the happy
couple. Aruna, thereafter, residing with her in-laws in the Golden Enclave near
Nangali Dairy, Dehuj, has been facing difficulties in her marital home. During a
recent visit to her father's house for a ceremony, Aruna displayed signs of
physical assault, leaving us deeply troubled. When inquired about the injuries,
she confided that her in-laws had been pressuring her for cash, and upon her
refusal, she faced severe physical abuse. Regrettably, this is not an isolated
incident. Aruna has, on multiple occasions, reported similar instances of
mistreatment and financial demands by her in-laws. Such distressing occurrences
have caused her significant emotional and physical harm.
On the evening of 20.05.2023, around 7:00 PM, Aruna left her residence with her
husband, Gautam Kumar, and a friend of her husband to attend a family get-
together at her parental home. However, Aruna has not arrived at her parental
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residence, and her current whereabouts remain unknown. Her phone has been
switched off since 8 p.m. on May 20, 2023. Aruna has been facing distressing
circumstances in her marital home, as she has confided in us during regular
communication.
Aruna’s father told the police officer, who narrated all the incidences of assault
committed against Aruna for dowry. The police then lodged an FIR against
Aruna’s husband, Gautam Kumar, and the in-law’s u/s 304B, 364, 498A, 120B,
and 302 IPC r/w Sec 3/4 Dowry Act, 1961. The police commenced the
investigation into the matter and recorded the statements of all possible witnesses.
The provisions of Indiana law are pari-materia with the Indian law.
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ANNEXURE 1
FIRST INFORMATION REPORT
b) Address: N.A.
c) In case outside the limit of this Police Station, then Name of P.S.:
N/A District: N/A
Statement of Rakesh Ranjan S/o Sh. Suresh Prasad R/o E-18, Mansa Ram
Park, Ujay Nagar, Dehuj Age 44 year stated that I live with my family at
the above address and do my private work. My daughter Aruna D/o
Rakesh Ranjan aged 25 years lives in R/o B-13, Golden Enclave Near
Nangali Dairy Dehuj. On 20.05.2023 at around 7:00 p.m., has left her
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residence with her husband Gautam Kumar, and her husband's friend to
attend a family get-together at my residence, the same was informed by
Aruna to my wife Mrs. Jaya Ranjan at around 6:45 p.m., However, Aruna
has not arrived at our residence, and her whereabouts are currently
unknown. This situation is causing great concern and anxiety for our
family. We have tried contacting her on her phone, but there has been no
response.
To further emphasize the urgency of the situation, Aruna's phone has been
switched off since 8 PM on May 20, 2023, adding to our concerns she was
repeatedly harassed by her husband and in-laws, which was told by her in
regular communication. Despite the efforts, there has been no progress in
locating Aruna or receiving any information regarding her whereabouts.
I suspect that Gautam Kumar, Manoj Kumar, Mr. Sanjay Kumar, and Mrs
Sanjani Devi have kidnapped my daughter Aruna after harassing her
physically, mentally, and emotionally and they have been demanding
money from her under dubious circumstances. Please take appropriate
legal action. You interrogated me and wrote my statement, which you
heard and understood is fine.
Submitted by HC/DO.
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12. Action taken: An FIR has been registered against Gautam Kumar,
Manoj Kumar, Mr. Sanjay Kumar, and Mrs Sanjani Devi as suspected
accused persons, investigation is handed over to the investigating
officer, Krishna M, Sr PI, Buddh Vihar, Dehuj.
F.I.R. read over to the informant, admitted being correctly recorded, and a
copy given to the informant, free of cost.
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ANNEXURE 2
INQUEST REPORT U/S 174 CRPC
1. District: North-West
3. Date and Time of receiving information: 22nd May 2023, 10:00 a.m.
7. Time and place where the body was found 27th May 2023, 4:30 PM
9. Time and place where the person was last seen alive: NA
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14. Spot where deceased was found: Near Canal, Jay Singh Road,
Shahidbagh, North-West, Dehuj.
15. Status of deceased when found: Deceased lying facing the ground.
16. Injuries and marks on the body: Bruising, scratches, disfigured face, various
marks on the body, and dislocated neck.
17. Nature of the wounds: Severe, traumatic.
22. Present status of the body: The body was sent for postmortem at Alpha
Hospital.
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ANNEXURE 3
PANCHNAMA SCENE OF OFFENCE - PANCHNAMA
Date: 27.05.2023
Pancha No. 01:
Age: 45 years
Address: R/o Mansa Apartment Jay Singh Road, Shahidbagh, North-West,
Dehuj.
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same day and it was conducted peacefully. The contents of the Panchnama were
read over to us and were correctly recorded.
Rank: Sr. PI
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ANNEXURE 4
PROPERTY SEIZURE MEMO
a) Date: 27.05.2023
b) Time: 4:30 PM
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3. Wallet 1C/519/2023
1C/519/2023
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1B/519/2023
1A/519/2023
Witness 1- Sd/-
Witness 2- Sd/-
Name of the IO.: Krishna M Rank: Sr. IO Sign of the IO.: Sd/-
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ANNEXURE 5
POSTMORTEM REPORT
CASE PARTICULARS
OBSERVATIONS:
Height: 5” ft
Weight: 52 kg
Rigor Mortis: Present.
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EXTERNAL EXAMINATION:
1. Minor Injuries visible on the palms, arms, legs, shoulder, and back.
INTERNAL EXAMINATION:
OPINION:
The death was caused due to mechanical force applied externally to the neck
and surrounding structures by a human hand or any item. These injuries may
result in decreased cerebral oxygen delivery either by compression of cervical
blood vessels or tracheal occlusion. The shock received by the body from the
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ANNEXURE 6
FINAL REPORT/CHARGESHEET
1. Details
a) District: North-West
c) Year: 2023
3. Date: 09.08.2023
4. Act: Indian Penal Code 1860. Relevant Sections: 302, 365, 304B, 302 r/w
120B and 498.
A. Accused No. 1
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B. Accused No.2
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xii. Under Acts and Section: Indian Penal Code, 1860 (IPC) Sections
302, 304B, 364 and 498A
xiii. Status of the accused: Judicial Custody
C. Accused No.3
D. Accused No.4
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10. Brief Facts of the Investigation: Based on the statements given by Mr.
Rakesh Ranjan, Mrs Jaya, and Dr. Arjun Singh, we have concluded that the
accused persons kidnapped the deceased and inflicted injuries on her body,
resulting in her death.
Jaya Ranjan
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STATEMENT OF WITNESSES
Brief facts of the case: To be treated as the statement of the investigating officer.
The investigation began, which led to the recording of statements from witnesses.
The accused is in judicial custody.
Name: Krishna M.
The police began an investigation into the matter and recorded the statements of
all possible witnesses.
II. Sanjana Devi (The accused’s mother): My son's fate is bad. He got
married to a crazy woman, and now she went somewhere, informing
me that she was going to her parents' house in the evening, and her
parents got us jailed. My son is very simple. He does not bother anyone.
My daughter-in-law has pushed me from bed many times. After that,
she used to laugh. She used to threaten to hang us on refusal. Her family
members used to threaten us to implicate us in a dowry case. Now we
are sitting in jail in a false case.
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Aruna took 2 lakh cash and went back to her husband's house.
This happened frequently, but we failed to take any action as Gautam’s
family was quite influential. her husband, Gautam Kumar, and a friend
of her husband's to attend a family get-together at her parental home.
However, Aruna has not arrived at her parental residence, and her
current whereabouts remain unknown. Her phone has been switched off
since 8 p.m. on May 20, 2023. Aruna has been facing distressing
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human hand or any item. These injuries may result in decreased cerebral
oxygen delivery either by compression of cervical blood vessels or
tracheal occlusion. The shock received by the body from the severe
injuries caused by the strangulation has resulted in severe damage,
ultimately leading to instantaneous death.
Drafted by-
Aaditya Bhardwaj
Drafter’s Note: The present trial proposition is drafted for education purposes
only.
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