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National

Th

Moot Court
Competition
on
3rd - 4th May

Organized by:
School of Law
Bahra University
ABOUT THE UNIVERSITY

Bahra University is a world class, multi- disciplinary University located amidst


the picturesque surroundings of Shimla hills, aiming to advance knowledge and
educate student's that will best serve the nation and the world in the 21st century.
It is a prestigious venture of Rayat & Bahra group - one of India's largest and
most reputed educational group. The University seeks "To be on the forefront of
knowledge creation and dissemination in the global context'. With its world class
teaching standards, outstanding faculty and innovative academic programs,
Bahra University intends to sets a new benchmark in the Indian education
scenario. The university is set up on 25 acres of land, state-of-the-art residential
campus, located amidst the scenic beauty of Shimla Hills, education at Bahra
University is holistic, aimed at developing the intellectual and personal strengths
of students, nurturing creativity and innovation through challenging project work,
participative learning and providing an environment conducive to sparking ideas
and imagination. The University integrates teaching, learning, research and
extension education into a holistic framework. The University provides access to
the high-quality education, cutting-edge research and development of new
technologies. As a platform for excellence in teaching, learning & administration,
state-of art information technology is extensively used at Bahra University,
contributing to the development of well-trained graduates, post graduates and
doctoral students to meet the future professional manpower needs of the global
market. The university prepares future leaders in various walks of life science,
Technology, business, basic sciences, social sciences, arts, sports and the
community services.
ABOUT THE SCHOOL OF LAW

School of Law, Bahra University offers B.A.LLB, and LL.M courses covering
wide areas of civil laws, criminal laws, international laws and modern scientific
forensic and cyber laws etc. Bahra University established the School of Law in
the Year 2013 on its campus to offer 5-year Integrated Law Course. Later on,
started three-year LL.B. course, 1-year LL.Mand Ph.D. course. School of law has
completed the ten years with academic excellence. We endeavor to make our
students best in whatever they do and polish them into professionals who would
make a mark in the legal arena. In order to help the students to achieve their goal
in life courses are designed in such a manner so that the capabilities and liking of
students are judged and they are helped to achieve their goal with perfection.
Legal education is an instrument of social change and lawyers are the social
engineers of the society and the role of law, both as an instrument of social
change and as a defender of societal values becomes one of paramount
significance. Legal education is an important component of the administration of
justice. In order, to meet the societal needs the University has established School
of law. The basic problem of legal education has been the existence of big gap
between law and its practice. In order to bridge this gap, the university has
designed a training scheme from the 1st Semester till the completion of the
course/degree. The students are required to work in law offices/law firms in a
defined manner. They are not only trained to work with the legal material but
efforts are consistently made to keep the academic standards high.
ABOUT THE COMPETITION
The Moot Court Committee, School of Law, Bahra Universitytakes great pride in
organizing its 4th National Moot Court Competition, 2024 which is based on
Criminal Law. The competition will provide a platform to students across the
nation to display their advocacy skills, practical application oflaws, to refine their
research capabilities, to build up their confidence and professional ethics.
The First Edition of the Competition was won by RGNUL, Patiala and
Kurukshetra University were the Runner-Ups.
The Second Edition of the Competition was won by NLUJA, Assam and RGNUL,
Patiala being the Runner-Ups this time.
The Third Edition of the Competition was won by Tamil Nadu Dr. Ambedkar Law
University, Chennai MMM SHANKARAO Pune and CLC, Delhi being the
Runner-Up this time.
Now, this year, we welcome participation from the Best Law Schools of the
Country, in the expectation to chisel out the proficient lawyers and judges of the
future.

How to Reach Bahra University?


Bahra University is surrounded with lush green flora and fauna in the hills of
District Solan, Himachal Pradesh. Bahra University is situated on Chandigarh-
Shimla Highway (NH-22), just 90 kms from Chandigarh (north) and 23 kms from
Shimla (Capital of Himachal Pradesh). It can be reached by trains connecting
Kalka to Shimla. Nearest railway station is Kaithlighat, 5 kms away from Bahra
University on Kalka- Shimla Heritage rail route. Second nearest station is Shimla
23 kms away from Bahra University. It can also be reached by air routes where
Chandigarh and Shimla happen to be the nearest airports. Shimla Airport is 23
kms far from Bahra University. The moot hosts will arrange for a pick-up
facility at Wakhnaghat from the road point, if transporting by road, and from
Kaithlighat Railway Station, if travelling by Rail service only if informed in
advance.
INVITATION

To
The Director/ Vice-Chancellor/ Dean/ Head/ Principal,
Ref: Invitation to 4th National Moot Court Competition organized by School
of Law, Bahra University.
Dear Madam/Sir,
Greetings of the Day!
In the 11th year of its inception, School of Law, Bahra University is pleased to
announce the 4th National Moot Court Competition, 2024 from 2nd May 2024 –
4th May 2024. The Moot Court Society on behalf of School of Law would accept
the honour and privilege to invite and host the budding lawyers to grace the
event.

On behalf of the University, we would like to invite your esteemed institution to


participate in this enriching experience. School of Law after the resplendent
success of its previous three editions of National Criminal Law Moot Court
Competition has now initiated 4th version of Competition in Moot Court.

As a leading institution of this country, we endeavor to provide the budding


lawyers, the best possible exposure in terms of practical experience, and we
believe that by organizing such academics events, we strive to achieve that aim.
It gives us immense pleasure to extend our heartfelt invite your esteemed
institution to participate and make this event a grand success. This event incites to
provide a platform to the students and faculty of law to sharpen their minds and
showcase their legal knowledge.
We expect your response and look forward to an opportunity to welcome your
team at Bahra University.

Warm Regards,

The Moot Court Society


BAHRA UNIVERSITY
PARTICIPANTS OF THE 3rd EDITION
1. THE NORTHCAP UNIVERSITY, GURGAON
2. UILS, PANJAB UNIVERSITY
3. UNIVERSITY OF PETROLEUM AND ENERGY STUDIES,DEHRADUN
4. SARDAR PATEL SUBHARTI INSTITUTE OF LAW, MEERUT
5. GEETA INSTITUTE OF LAW, HARYANA
6. RAYAT BAHRA, ROPAR
7. TAMILNADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF
EXCELLENCE IN LAW
8. LAW COLLEGE DEHRADUN
9. DR BR AMBEDKAR NATIONAL LAW UNIVERSITY,SONIPAT
10. DEPARTMENT OF LAW, HIMACHAL PRADESH UNIVERSITY,
REGIONAL CENTRE DHARMSHALA
11. ICFAI UNIVERSITY, JAIPUR
12. VSLLS VIVEKANANDA INSTITUTE OF PROFESSIONALSTUDIES
13. CHRIST UNIVERSITY, DELHI
14. UILS, SHIMLA
15. VIVEKANANDA GLOBAL UNIVERSITY, JAIPUR
16. CAMPUS LAW CENTRE, NEW DELHI
17. Khalsa College, Amritsar
18. LLOYD LAW COLLEGE
19. H.P. LAW COLLEGE, KALA AMB
20. MMM SHANKARRAO CHAVAN LAW COLLEGE, PUNE
21. ASIAN LAW COLLEGE, NOIDA
22. SRM UNIVERSITY, DELHI
23. LCIT COLLEGE OF COMMERCE AND SCIENCE,CHATTISGARH
24. INDIAN INSTITURE OF LEGAL STUDIES, GHANAHATTI, H.P.
25. CHRIST (DEEMED TO BE UNIVERSITY), MAHARASTRA
26. STAREX UNIVERSITY, GURUGRAM
27. INSTITUTE OF LEGAL STUDIES & RESEARCH, GLA UNIVERSITY,
MATHURA
28. RAYAT BAHRA, HOSHIARPUR
GLIMPSE OF 3rd EDITION
Chief Patron
Sh. Gurvinder Singh Bahra
Hon’ble Chancellor
Bahra University, Waknaghat, Solan

Patron Executive Director


Prof. (Dr.) Kiran Arora Prof. (Dr.) H. R. Jhingta
Vice Chancellor Dean, School of Law
Bahra University, Waknaghat, Solan Bahra University, Waknaghat, Solan

Moot Court Committee


Chairperson Convenor
Dr. Mandeep Verma Sh. Umesh Kumar
Associate Professor/HOD Assistant Professor
School of Law School of Law

Co-Convenor
Sh. Nitish Sharma Mrs. Rashi Sood
Assistant Professor, School of Law Assistant Professor, School of Law

Organizing Secretary
Dr. Aditi Didwal Dr. Rachita Chauhan
Associate Professor, School of Law Associate Professor, School of Law

Organizing Committee
Sh. Gian Chand Mrs. Poonam Verma
Dr. Deepshikha Sharma Ms. Minakshi Parmar
Dr. Daizy Thakur Sh. Balwant Thakur
Sh. Ram Lal Sh. Lal Das
Dr. Charanjeet Kaur
Assistant Professors, School of Law

Student Convenor

Manas Baghinta Rajat Verma


6230610206 8091161306
Piyush Bhushan Masta Manat Sharma
7018943992 9809000298
RULES AND REGULATIONS
ARTICLE 1: DATES AND VENUE
1. The 4th National Moot Court Competition 2024 isscheduled for 3rd May 2024 –
4th May 2024.
2. The venue for the event is Bahra University, Solan (Wakhnaghat), Tehsil,
Kandaghat, Distt Solan, HimachalPradesh, PIN – 173234

ARTICLE 2: Awards

Winning Team Rs. 21000

Runners Up Team Rs. 10000

Best Speaker Rs. 3000

Best Researcher Rs. 3000

Best Memorial Rs. 3000

ARTICLE 3: TEAM REQUISITES:


• Each team shall comprise of Three (3) members ONLY out of which two (2)
will be speakers and one (1) researcher.
• Arguments shall generally be in English only.

The competition is open for bonafide students pursuing five year and three
years LL. B course.
• Teams should not disclose the identity of their institution during the course of
proceedings in the Court Rooms.
• Any disclosure of team identities shall invite penalties including
Disqualification.
• Each team shall be provided with the unique team code for the competition.

ARTICLE 4: REGISTRATION:

• Registration form complete with all Team Details must be submitted online by
8th April 2024 on bu.2024.mootcourtsociety@gmail.com
• The registration fee is Rs. 4000 (Without Accommodation) OR Rs. 5000
(With Accommodation)
• No change in the names of the participants shall be permitted after the receipt
of the Registration Form.
• Teams should clearly mention the names of all participants in the team,
including course, year/semester of study and contact no.

No team would be facilitated with the certificates during the competition. The
same shall be provided only in the Valedictory Ceremony. No certificates will be
sent through courier.
Online Registration:
All the participating institutions have to confirm participation by sending an
email consisting of a scanned copy of registration form at
bu.2024.mootcourtsociety@gmail.com by 8th April 2024.

However, on the next date of online registration the Payment of Rs. 4000/- or
Rs. 5000/- is to be made and the last date of payment is 11th April, 2024,
receipt of which isto be sent to the Moot Court Society Mail.
Registration by Post:
The duly filled in hard copies of the Registration Form along with a clear print of
receipt of Rs. 4000/-or Rs. 5000/- must reach the Organizers by 11th April, 2024.
Address for Post:
The hard copy of the Registration form along with receipt shall be sent on the
following address only through Speed Post/Registered Post to

The Dean,
School of Law, Bahra University,
P.O. Wakhnaghat, Distt. Solan, Himachal Pradesh, 173234
PURPOSE – 4th National Moot Court Competition, 2024

Payment:
Payment of Rs. 4000/- (Indian Rupees FOUR THOUSAND only) or Rs. 5000/-
(Indian Rupees FIVE THOUSAND only) shall be drawn on the favour of Moot
Court Society Convener:

A/C Number- 30249497200


IFSC CODE- SBIN0002490
A/C Name- Umesh Kumar
The participating teams must send their Registration Forms accompanied with
Payment Receipt only through Speed Post. The teams shall solely be responsible
for any kind of delay in receipt of Registration Form.
(Screenshot/Scanned receipt of successful payment page shall be shared as
an e-mail attachment at bu.2024.mootcourtsociety@gmail.com and on Phone
Number 98167 09016).
ARTICLE 5: DRESS CODE
Inside the court room the participants shall follow the below mentioned dress
code:
• Females: White Kurta, Black Salwar and Black Dupatta or White Shirt and
Black Trousers along with the Black Coat and Tie.
• Males: White Shirt, Black Trousers, Black Tie along with Black Coat and
Black Shoes.

ARTICLE 6: ACOMMODATION
All the teams who require the Accommodation facilities shall inform the moot
court committee before 11-4-2024. The participants would be provided
Accommodation for theperiod of the Competition in the premises of the Institute.
Please note that separate accommodation will be provided for girls and
boys. However, they may sit together for team work in the library/café of the
institute. You are advised to check the weather conditions of Shimla before
leaving from your native places. The University would start providing
accommodations from 5 PM of May 2, 2024 and participants would have to
vacate the accommodation provided by the University by 5:00PM on May 4,
2024.
ARTICLE 7: COMPETITION ROUNDS

All the rounds shall be on Knock Out basis EXCEPT Preliminary Rounds.
These shall spread over a period of 3 days -
a. Preliminary (Both side)
b. Quarter Finals (08 Teams)
c. Semi- Finals (4 Teams)
d. Grand Finale (2 Teams)
ARTICLE 8: RULES FOR ALL THE ROUNDS
1. The criteria of marking shall be the court wins in each court room in
Preliminary Rounds. In case of tie, cumulative marks of the teams will be
taken into consideration including even the Memorial marks.

2. MARKING CRITERIA FOR THE ARGUMENTS:


Each Speaker shall be marked on a total of 100 marks by each Bench Judge.
The following will be the Marking Criteria and the Marks allocated to each
speaker by each Judge in all Rounds:

• Appreciation and Application of Facts. (30) Marks


• Identification and Articulation of Issues. (10) Marks
• Application of legal principles. (20) Marks
• Use of authorities and precedents. (20) Marks
• Response to questions and Presentation (20) Marks

3. MARKING CRITERIA FOR THE Memorial


• Knowledge of law and extent of research- 20 marks
• Proper and articulate analysis, clarity and organization- 20 marks
• Knowledge of facts- 20 marks
• Evidence of original thought and grammar- 20 marks
• Correct format and citation- 20 marks
Total 100 marks and marks allotted by judges shall be final.

ARTICLE 9: TIME SCHEME FOR ORAL ROUNDS

PRELIMINARY ROUND AND QUARTER FINALS

• Each team shall be given a total of 30 minutes (maximum) to present their case
inclusive of Rebuttals
• Each speaker should speak for a minimum 10 minutes.
• One speaker shall not take more than 15 minutes of thetotal time.
• The maximum time for Rebuttals and Sur-Rebuttals is 5minutes.
SEMI FINAL ROUNDS AND FINAL ROUND

• Each team will get a total of 40 minutes to present their case inclusive of
Rebuttals.
• Each speaker should speak for a minimum of 15 minutes.
• One speaker shall not take more than 25 minutes of thetotal time.
• The maximum time for Rebuttals and Sur-Rebuttals is 10minutes.

ALOTTED TIME

The maximum time provided would include the time that each team may wish
to reserve for their rebuttal/sur-rebuttal. At the commencement of each session,
the team shall notify the Court Officer/Court Clerk regarding the division of time
between the 2 speakers (including rebuttal/sur- rebuttal).

ARTICLE 13: SCOUTING


Scouting is not permitted and it shall be deemed to have happened if the Speakers,
Researcher or any other person affiliated with a team is found:

• Witnessing, hearing, observing, etc. the oral submissions in an oral round,


except where the oral round is the final round or one in which the team to
which he/she is affiliated is participating in;

• Reading a Memorial of a team except where: it is of the team to which he/she


is affiliated; or the Memorials have been obtained on account of an exchange
of Memorials prior to a Round of the team to which he/she is affiliated.

ARTICLE 14: MISCELLANEOUS

• Information given to any participant of a team shall be deemed to be


communicated to the whole team.
• REGISTRATION FEE ONCE PAID ARE NON-REFUNDABLE.
• No TA/DA will be provided by organizers.
• The Proposition is neither intended to nor does it attempt to resemble any
incident or any person, living or dead. Any such resemblance is purely
coincidental. The Proposition is a fictitious factual account prepared for the
purposes of the present Competition only and it does not attempt to influence or
predict the outcome of any matter whatsoever.
• The copyright in the Memorials submitted by the teams shall vest with the
administrators. The acceptance of such vesting is a precondition to
participation in the Competition.
• The Administrators reserve the right to amend, alter, vary or change, in any
manner whatsoever, the Rules governing the Competition, which would be
communicated to the teams within areasonable period.
ARTICLE 15: ADMINISTRATION AND GRIEVANCE REDRESSAL

• The Moot Court Society of the School of Law, Bahra University shall function
as the Administrative body for all purpose of this Competition.
• An Appellate Tribunal comprising of the Dean (Law), the Chairperson of the
Moot Court Society of the Bahra University and two other independent persons
to be appointed by the Dean (Law) shall settle appeals from the decision of the
administrators. Decision of the Appellate Tribunal shall be final and binding.
• Any kind of Misbehavior will not be tolerated and can also lead to direct
disqualification of the team.

EVENT DATE
I. Notification of the Competition and Release of
28th February, 2024
the Moot Proposition
II. Last Date of Complete Registration 8th April, 2024
III. Last Date of Submission of Receipt and Hard
11th April, 2024
Copy of Registration Form
IV. Last Date for Seeking Clarifications 31st March, 2024

V. Release of Clarifications 2nd April, 2024


VI. Last Date of Submission of Soft Copy of
10th April, 2024
Memorials and Travel Forms
VII. Formal Registration (Reporting Day) 3rd May, 2024

VIII. Draw of Lots and Exchange of Memorials 3rd May, 2024

IX. Researcher’s Test 3rd May, 2024

X. Preliminary Round and Quarter Finals 3rd May, 2024

XI. Semi Finals and Final Round 4th May, 2024

XII. Valedictory and Prize Distribution 4th May, 2024


REGISTRATION FORM

Name of the Organization / Institution:

Address of the Organization / Institution

Contact no. of the Institute:

Name and Contact no. of the Teacher in charge of the Moot Society:

ACCOMODATION REQUIRED (TICK BELOW)


YES________________________ NO__________________________

PARTICULARS OF THE TEAM


First Speaker
PASSPORT
Mr. / Ms.

Semester / Year SIZE

Contact No
PHOTOGRAPH
e-mail ID

Signature:
Second Speaker
PASSPORT
Mr. / Ms.

Semester / Year SIZE

Contact No
PHOTOGRAPH
e-mail ID

Signature:

Researcher
PASSPORT
Mr. / Ms.

Semester / Year SIZE

Contact No
PHOTOGRAPH
e-mail ID

Signature:

MODE OF PAYMENT (DEMAND DRAFT/ NEFT)

DEMAND DRAFT NO. / TRANSACTION ID:


NAME OF BANK:
ISSUING DATE:

SIGNATURE AND SEAL OF HEAD OF THE INSTITUTE


TRAVEL FORM
ARRIVAL DETAILS
Date

Time

Mode of Travel

Train / Flight No.

Train / Flight Name

Arrival Place

DEPARTURE DETAILS
Date

Time

Mode of Travel

Train / Flight No.

Train / Flight Name _____________________________

Contact Person (Name and Mobile Number)


(One must be non-participant, preferably Teacher Associated with the team):

1. _____________________________________________

2. _____________________________________________
MOOT PROPOSITION
1. Jeevan is a citizen of India. He is an industrialist in the field of textiles and is
counted among the richest in the country. His wife Anjali was also a woman
of substance and has stake in Jeevan's business.
2. The family consisted of Jeevan and Anjali's Daughter Niharika and her
Brother Aman, who lives in Himland.
Mr. Jeevan's family occupied the 8th and 9th floors of the 'Denture' building.
Aman used to usually stay in his room located on the 9th floor.

3. Aman is a simple man with ambitions. He was introduced to the family by


Anjali as her brother. Aman developed a liking towards Anjali's daughter
Niharika. Both became friends and Niharika also started liking Aman. But
Anjali was not happy with the relationship. She constantly used to discourage
both Aman and Niharika.

4. Niharika suffered emotionally for not understanding her mother's stance.Now,


she has been sent to United States on the pretext of continuing her studies.

5. Jeevan was unhappy with what is happening around and asked Anjali
umpteen times as to what's the harm if both of them are friendly to each other.
Jeevan got furious towards the unreasonable attitude of his wife, Anjali for
sending away their daughter over petty reasons and felt suspicious to know
her intentions.
6. On 2nd August 2023, from reliable sources Jeevan came to know the fact
that, Aman indeed was the biological son of his wife, Anjali and she has been
hiding it all through these years after their marriage. On the same day at
around 10.00 p.m. both husband and wife were seen arguing with each other
over Aman and Niharika. This was heard by the neighbors and witnessed by
a maid servant named Ms. Suman in the house.

7. The maid servant has seen Mr. Jeevan holding a gun and threatening Anjali
that he is going to kill her son. Aman was heard Jeevan saying toAnjali, "I am
going to shoot your son and then you", for what you have done.

8. Anjali was constantly holding the husband and crying and shouting to calm
the husband. At 11.30 p.m. the servants heard the gunshot with crackling
sound of glass of the window.

9. The watchman of the building had noticed that Aman's body was lying on the
ground in the ground floor of the building. And he was found dead.

10. On witnessing the dead body of Mr. Aman, the watchman had informed the
building secretary who rushed to the spot and immediately informed to the
nearby police station.
11. The Station House Officer (SHO) after arriving to the crime scene, recovered
the dead body which was sent to the city government hospital for the post
mortem and subsequently recorded the first information report (FIR) based
on the statement given by the secretary and gave a copy of the same to him.

12. On 3rd August, 2023, the Investigation Officer (10) appointed in this behalf,
collected the details of the deceased and his family from the building
secretary. The crime scene was examined and Aman's suicide note
purportedly written by Aman, was found in the 9th floor of the apartment
from which Aman said to have allegedly committed suicide. It was written in
the note that he was very sorry for how he perceived Niharika who was
indeed his sister. He apologized his mother, who strived to give him all the
ambience he ever needed, and because of him her life is plundered and he is
committing suicide and felt sorry for the idea of killing his own mother.

13. It was also mentioned in the note, the fact of loading the revolver of Mr.
Jeevan with bullets in order to kill her. After going through the suicide note,
the Investigating Officer has inquired Jeevan, Anjali and their maid, Ms
Suman. The maid testified that she spotted Jeevan holding the gun and
threatening his wife, following the gun sounds.

14. From the statement of the witness, on suspicion the Investigation Officer took
Mr. Jeevan into custody and confiscated the weapon (gun) for further
investigation. As a matter of fact, the same revolver loaded by Aman was
used by Mr. Jeevan on the night of August 2nd. The post mortem report of
Mr. Aman revealed that he was shot dead by the bullet injury.

15. The forensic report further confirmed that the bullet belongs to the Jeevan's
gun matching with the Jeevan's fingerprints. Mr. Jeevan was charged for
murder of Mr. Aman under Section 302 of the Indian Penal Code, 1860. But
Jeevan and Anjali contended that the bullet was fired accidentally through the
window and they had no clue as to how Aman was found dead on the ground
floor with a bullet that hit him.

16. Jeevan came to know that Aman is the son of Anjali and not her brother.
Jeevan got enraged with the heinous act of his wife and Aman and so
threatened his wife Anjali that he would kill her and also her son. After
several hours of fighting, Aman was found dead with a gun shot. Based on
this a charge sheet was filed against Jeevan under section 302 of IPC.

17. There is also one Mr. Vikram who is the resident of an opposite building who
came to his balcony and spotted Aman falling off from the 9th floor of the
building. The post-mortem report of the deceased showed that Aman died
due to a gun shot and it was proved that the bullet belongs tothe licensed gun
of Jeevan.

18. The Sessions Court came to the conclusion that the act amounts to murder
and found Mr. Jeevan guilty of the same and convicted him andsentenced him
to undergo ten years rigorous imprisonment for the offence of murder under
Section 302 of the Indian Penal Code, 1860. Now the case is before the High
court in appeal.

EXHIBIT 1
FIRST INFORMATION REPORT (U/S. 154 of CrPC)
1. District: Kothai PS: Kothai; Year: 2023

2. FIR No: 172/2023

3. Date of occurrence: 02/08/2023


4. Acts: i. Jeevan, u/s. 302 of the Indian Penal Code.

5. Occurrence of Offence: Day: Wednesday Time: 11:30 PM.


6. Information recorded at PS: Date- 2nd August, 2023; Time: 11:50 PM

7. General Diary Reference Entry No. 2nd August, 2023

8. Information recorded by: Station House Officer,

9. Type of information: Personal Written/Oral: Oral


10. Place of occurrence: Denture Building

11. Informant Name: Investigating Officer Jai Singhania Nationality: Indian


Occupation: Investigating Officer
12. Details of Known/ Unknown/ Suspected/ Accused with particulars:
Suspected persons, Jeevan only.
13. Date and time of dispatch to the Court: 3rd August 2023, 11.35a.m.

14. FIR Contents – On 02/08/2023, a dead body of a male person is recovered in


an unknown state based on phone call. The body is sent for post mortem, the
Post mortem report dated 02/08/2021 concluded that death is caused by the
bullet of 9mm. As per the report, Jeevan has been charged u/s. 302 of the
Indian Penal Code, 1860.
15. FIR read to the informant, admitted to be correctly recorded and a copy given
to the informant free of cost.
Signature/thumb impression of Complainant/ Informant:
Mr. Jai Singhania
Signature of Officer-in-charge,
Police Station: Sd/- Pankaj (Station House Officer)
Note: The Magistrate Court after preliminary inquiry into the case decided to
commit the case to Sessions Court and all the copies of FIR shall henceforth be
accompanied and it also ordered for submission of the Charge sheet before the
Sessions Court.

EXHIBIT 2
POST MORTEM REPORT
A- GENERAL
1. Name: Aman
2. Age: Approximately 24 years. Sex: Male
3. Address: Denture Building
4. Height: 160cm Weight: Unknown Physique: Normal.
5. Injuries: Presence two fractures, Broken leg, bullet wound on the head

B-EXTERNAL EXAMINATION
The body is that of an adult male measuring 160 cm and weight, not possible to
determine. The body is normally developed and consistent with the given age of
approx. 24 years. Bruises on the hands and a bullet wound on the head.

C-INTERNAL EXAMINATION
Visible injury to the skull as the bullet went through the head, broken neck
Head and Neck: Visible injury to the skull but the hyoid bone in the neck is
fractured. Cardiovascular System: No injury
Respiratory System: No injury Digestive System and Liver: No injury
Genitourinary System: No injury

D- EVIDENCE OF INJURY:
1. Head Wound no. 1 the bullet wound is located on the head.
2. Several minor fractures all over the body.

E- SPECIMEN COLLECTED FOR TOXICOLOGICAL ANALYSIS: None


F-TIME SINCE DEATH: Taking into consideration the level of decomposition
and the surrounding in which the body was placed in, approximately 24 hours
have passed since the death of the victim.

G-OPINION: Even though there are multiple injuries on the body. The cause of
death to the best of my knowledge and belief is the gun shot that went straight to
the head. On 3rd August, 2021 at Government Hospital, Himland.

STATEMENT OF WITNESS
1. JEEVAN

I am Jeevan, age 45 years, textile industrialist who lives in the city of Himland
along with his legally wedded wife, Anjali. I know about the family of Anjali and
has the knowledge that Anjali has a brother before their marriage. The parents of
Anjali had informed me that they begotten Anjali soon after marriage and it took
them about 15 years to have their second child and this is the reason why Aman is
still a child at the time of marriage. Out their wedlock we are blessed with a girl
child named Niharika. While she is at the age of 20 years, Anjali brought Aman,
her brother to stay along with them. Aman started living together in the 9th floor
while we stay at 8th floor. Eventually the bond between Niharika and Aman has
developed into a love relationship. Anjali somehow started to hate the closeness
between Aman and her daughter and threatened her to stay away from Aman.
Niharika did not heed to this friendly advice of her mother while this being a
complete confusion to me. I even asked as to why my wife could not accept their
friendly relationship. Anjali, however sent Niharika to abroad for her higher
studies. I got furious as to this decision of Anjali and felt suspicious. I investigated
and found that Aman is the biological son of my wife and I could not accept such
a grave fact that my wife cheated on our marriage and she has brought her own
son as her brother, how his in-laws also lied at the time of marriage and on the
top, I could not resist the fact that both Niharika and Aman are in relationship. I
felt betrayed and on 2nd August, 2023 at around 10: 00 pm while we were
finishing our dinner and maid were doing their dishes Anjali started to haunt Kriti
and her unreasonable behaviour. She started shifting the blame on Niharika, this
made me even more furious as my daughter is innocent and it is indeed my wife
who cheated me. I could not resist and asked her straight away about Aman. She
started to deny everything and this made me even furious and at the heat of the
moment I picked up my revolver to bring the truth out of her. But I am unaware
as to when my gun was loaded. The gun got misfired while my wife tried to push
it away from my hand and the fired bullet went across the window of our hall. I
was unaware as to how Aman died.

2. JAI SINGHANIA

I am Jai Singhania, age 45 years; I am the Investigating Officer in the present


case. I cleared the CGPE examination in the year 2000. I was put in charge to
this case on 03/08/2023, after the FIR was registered on 02/08/2023 at the
Kondhai Police Station, Himland. I have dealt with several cases of this nature.
The investigation first started with the questioning of Vamsi, the building
secretary. The investigation then was taken forward to visiting Aman’s flat in 9th
floor there I examined the scene of offence and found a suicide note by which I
came to know the distress of Aman and how he loaded and intended to use the
gun of Mr Jeevan. Then I went to Mr Jeevan’s flat in 8th floor from where I
found broke window of hall. I inquired Jeevan and his wife Anjali about the
same. They pretended as if they do not know about how the window broke at
first. Then, I questioned maid Ms Suman who is residing in the same house and
she disclosed that Jeevan and Anjali were in a fight and heard the gun shot sound
following the crackling sound of the window. Distance has been calculated by my
team from the place where Mr. & Mrs. Jeevan were fighting at a distance of 15m
towards window. Later, I recovered a gun after searching the house and sent it to
the forensic laboratory. In the meantime, an FIR was registered against Jeevan.
The Post Mortem report dated 04/08/2023 confirmed the deceased to be Aman
who died due to the bullet injury. The bullet was sent for Forensics which was
recovered from Post Mortem. The Forensic report dated 06/08/2023 confirmed
that bullet is of the gun licensed by him. The report further confirmed the gun
had fingerprints of Mr. Jeevan engraved on it.

3. MURTHY

I am Murthy. I am the security guard at Denture buildings, N.I.B.M Himland-


411048. My shift hours are from 9pm to 9am, Monday to Saturday. I get a
monthly salary of eight thousand rupees. My duty is to make sure that only known
people enter the society. If an unknown person enters, I am supposed to intercom
the residence and confirm the identity of the individual who has come to visit. I do
not have a very hectic schedule. I have to monitor the entry and exit of people and
take inspection rounds for every hour. That night I did listen a thumping sound
while I was on my way to check, the resident of the opposite building, Mr. Vikram
bumped into me and told with anguish that someone fell down from the 9th floor
and asked me to check over. I went to the spot and recognised the face of the
victim to be of Mr. Aman. I immediately informed Mr. Vamsi the building
secretary about the same who rushed to the spot. He informed the nearby Police
Station of Kondhai. The Police came to the spot, recovered the body.

4. VIKRAM
I am the secretary of the Denture building for the past one year. I know very well
about the deceased and his family. They were friendly with the other flat
members and never caused any disturbance to anyone. I was informed about the
death of one of residents, Mr Aman at around 11:40 pm over the phone call made
by the watchman. I immediately rushed to the spot and informed the Kondhai
Police station about the same. The police soon arrived and recovered the dead
body of Mr Aman. I got registered an FIR by the Police on the same day and
helped the police in every possible way for the investigation.

5. PANKAJ (SHO)

I am Pankaj, the Station House Officer of the Kondhai Police Station. I have
received a call at around 11:50 pm from Mr Vamsi the building secretary who
informed me about the death of Mr Aman. I immediately rushed to the scene
along with my team. There I witnessed a dead body to be of Aman lying on the
blood pool. I called the ambulance to take the corpse to the government hospital
for autopsy. I registered an FIR as informed by the building secretary and
Vikram, the resident of the opposite building and left a constable for inspection
overnight.

6. SUMAN (MAID)

I am Suman, aged about 25 years and had been working in the house of Jeevan
for about 3 years. Jeevan had always been a peaceful man and a caring husband.
He loved Anjali so much and Anjali was also a virtuous wife. The couple loved
their daughter, Niharika so much. They barely had any fight. But, on the fateful
night of 02/08/2023, I could not understand why sir (Jeevan) returned home
furious and he was being so silent and looked so disturbed. I silently served the
dinner. There was no single conversation shared between the couple. They
finished the dinner. I was doing the dishes during which ma’am (Anjali) started
explaining sir about why did she send their daughter to abroad and started blaming
the behaviour of Niharika didi (sister). Suddenly, sir got agitated and thrown the
dishes away and picked a fight with ma’am. I spotted sir holding a gun. I was
scared and silently went back to the kitchen to continue dishes. I suddenly heard a
gun sound followed by crackling sound of the glass.

VIKRAM (RESIDENT OF OPPOSITE BULDING

I am Vikram, who is the resident of the 9th floor of the Dreamland building
which is located opposite to Denture building. I came to my balcony at around
11:20 pm to take up an office call as I was on my night shift office work and
spotted someone falling from the 9th floor of the building. I rushed towards the
building and asked the watchman to let me in to guide over the person who fell
down. I was asked by the Police to provide the information to record an FIR
along with the building secretary of the Denture building

7. ANJALI
I am Anjali aged about 40 years. I got married to Jeevan and begotten Niharika
with him. I am the mother of the deceased Aman I gave birth to him before my
marriage at the age of 16 years. I kept it as a secret as my parents insisted that I
cannot marry if I have son at such a tender age. I silently agreed them and married
Jeevan at the age of 18 years. My parents somehow convinced my son to be of
their son whom they begotten at their late age. I never had an intention to cheat
my husband. I have always been a loyal and virtuous wife to him. I loved my
daughter so much. I was also worried about Aman whom I kept away from me all
through these years. My parents passed away in 2019. So I had to bring in Aman to
my custody and somehow convinced my husband that my brother needs our care.
Apart from me and my parents no other person has the knowledge about Aman
being my son. As soon as Aman started getting along with Niharika I feared that
their relation may turn out to be a love relationship and threatened Niharika to
mend her ways. Despite, both Niharika and Aman disclosed their feelings for
each other. I have no other option but to keep them apart. So, I have decided to
send Kriti to abroad on the pretext of her higher studies. My husband did not like
this and was so unhappy. On 2nd August, 2023 Jeevan came home so distressed
and kept silent all through the day. At dinner time while we were discussing about
Kriti he suddenly got enraged and started yelling at me for sending our daughter
away. I tried to cool him down but out of rage started asking me to disclose truth
about Aman. I was shocked as to how he got to know about the truth. I managed
to bury the truth but Jeevan got so irritated that he picked a gun. I tried to resist
him during which the bullet got fired mistakenly. Later, we go to know that
Aman fell down from the 9th floor and was dead by the bullet injury. We honestly
do not know how Aman was dead.

EXHIBIT 3
FINDINGS OF THE INVESTIGATION
The investigation first started with the questioning of Vamsi, the building
secretary. The investigation then was taken forward to visiting Aman’s flat in 9th
floor there we examined the scene of offence and found a suicide note by which
we came to know the distress of Aman and how he loaded and intended to use
the gun of Mr. Jeevan.

Then we went to Mr Jeevan’s flat in 8th floor from where we found broke
window of hall. I inquired Jeevan and his wife Anjali about the same. They
pretended as if they do not know about how the window broke at first. Then, we
questioned maid Ms. Suman who is residing in the same house and she disclosed
that Jeevan and Anjali were in a fight and hear the gun shot sound following the
crackling sound of the window. Later, we recovered a gun after searching the
house and sent it to forensic laboratory. In the meantime, the fact that a gun was
recovered were made against Jeevan in the original FIR recorded.

The post mortem report dated 04/08/2023 revealed the body to be of Aman who
had died due to the bullet injury. The bullet was sent for Forensics. The Forensic
report dated 06/08/2023 confirmed that bullet is of the gun licensed by Mr.
Jeevan. The report further confirmed the gun has fingerprints of Mr. Jeevan
engraved on it.

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