Team code

22bll10173

IN THE SESSIONAL COURT OF KEDARNATH

IN THE MATTER OF

State of Kedarnath……………………………………………………Prosecution

Satyanand Swami………………………………………………..……....Accused

Client counselling (LCH-207)

3rd Semester

LLB

CHANDIGARH UNIVERSITY, GHARAUN, MOHALI

PUNJAB

2023

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TABLE OF CONTENT

s.no Particulars Page no

1 List of Abbreviations 3
2 List of Authorities 4
3 Statement of jurisdiction 4
4 Statement of Facts 5
5 Issues Raised 6
6 Summary of arguments 7
7 Arguments advanced 8-9
8 Prayer 10

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List of Abbreviations

Hon’ble Honourable
IPC Indian Penal Code,1860
CrPC The Code of Criminal Procedure, 1973
V Versus
Sec Section
U/S Under Section
R/W Read With
W Witness
SCC Supreme court cases
AIR All India reporter

List of authorities

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Cases list
Harbajan Singh v. state of Punjab
N Subramanyam Iyer v. state of Tamil Nadu
Chaman Lal v. State of Punjab

Books used
Universal Bare act of IPC
Indian Penal code by S.N. MISRA
Universal bare act of CrPC

Sites referred
https://indiankanoon.org/doc/626019/
https://www.latestlaws.com/bare-acts/central-acts-rules/ipc-section-92-act-done-in-good-
faith-for-benefit-of-a-person-without-consent
https://www.indiacode.nic.in/show-data?
actid=AC_CEN_5_23_00037_186045_1523266765688&sectionId=45826&sectionno=92&o
rderno=96

Statement of jurisdiction
The Defendant humbly submits this memorandum before this hon’ble court in response of the
issued raised by the prosecution. The Defendant respectfully prays that this court may be
pleased to take into consideration the following submissions and grant relief to the Defendant
as deemed fit in the eyes of the law.

Statement of Facts

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1. That Satyanand Swami, a saint, while passing through a dense forest on his way to a
pilgrimage in Kedarnath, Uttarakhand on 22nd October 2023, he saw the dead body of
a man with multiple stab wounds on various parts of the body.

2. That a blood-stained knife was lying near the body.

3. That he felt that being a saint, he was duty bound to offer prayers for the nirvana of
the departed soul. So, he took the body and performed puja for the departed soul and
immersed half of the body in river.

4. That after a few hours reached a nearby town. The locals on seeing a dead body
floating in the river, informed the police.

5. That On 24th October 2023, the police found a blood-stained knife in the forest. They
also found a trail of blood on the path from which Satyanand Swami had taken the
body to the river bank.

6. That From the place where Satyanand Swami performed the puja, a religious book
bearing his name and address was found. The police arrested Satyanand Swami from
his Ashram in Dehradun, Uttarakhand, on 26th October 2023 and took his fingerprints.

7. That the deceased’s blood group and DNA matched with the blood on the knife. The
finger prints of Satyanand Swami did not match with those on the blood-stained knife.

8. That During interrogation, Satyanand Swami revealed the same. However, Satyanand
Swami was charged with murder and for causing disappearance of evidence under the
relevant provisions of the IPC.

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Issues Raised

1. Whether the act done without Mala fide intension is covered under Section 302 of the
IPC, 1860 or not?

2. Whether the act of the Satyanand Swami is covered under section 92 of Indian penal
code or not?

3. Whether the act done without Mens rea is an offence or not?

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Summary of arguments

1. If there is not mental intention present it is difficult to prove the case. He must be
treated a witness and cannot be treated as accused. So, prosecution cannot file a
charge sheet against Satyanand in this particular cause. This case was inappropriate.

2. The act done by Saint Satyanand is an act done in good faith and for the benefit of the
person which he himself believes that the act done by him is true and fair.

3. Men’s rea is an important principle followed in criminal law. It is mandatory to prove

a crime herein this case. The Saint Satyanand Does not have any Commit a men-rea
intention to crime

Arguments Advanced

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Issue no.1

Whether Satyanand Swami is guilty under Section 300 and punishable under sec 302 of
IPC, 1860 or not?

300. Murder. —Except in the cases hereinafter excepted, culpable homicide is murder, if the
act by which the death is caused is done with the intention of causing death, or—
(Secondly) —If it is done with the intention of causing such bodily injury as the offender
knows to be likely to cause the death of the person to whom the harm is caused, or—
(Thirdly) —If it is done with the intention of causing bodily injury to any person and the
bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause
death, or—
(Fourthly) —If the person committing the act knows that it is so imminently dangerous that it
must, in all probability, cause death or such bodily injury as is likely to cause death, and
commits such act without any excuse for incurring the risk of causing death or such injury as
aforesaid.

For committing the offence of murder under section 300, intension is required compulsorily.
The facts of the case clearly shows that there was no intension available.

The blood-stained knife was sent to forensic lab for finger print examination and DNA
profiling. However, the deceased’s blood group and DNA matched with the blood on the
knife. The finger prints of Satyanand Swami did not match with those on the blood-stained
knife

Also with this fact, there was no evidence found against Satyanand swami. So, the defence is
found innocent.

Issue 2

Whether the act of the Satyanand Swami is covered under section 92 of Indian penal
code.

Section 92
Nothing is an offence by reason of any harm which it may cause to a person for whose
benefit it is done in good faith, even without that person`s consent, if the circumstances are
such that it is impossible for that person to signify consent, or if that person is incapable of
giving consent, and has no guardian or other person in lawful charge of him from whom it is
possible to obtain consent in time for the thing to be done with benefit:

This section is a general defence which says that the act is done in good faith for the benefit
of the person without the consent is covered under defences and the person can not be held
liable for his act.

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The dead body could not give consent so whatever the saint found for the benefit of the body
and soul. he performed the same believing that it is true and fair.

However, he has not committed any offence so he should not be punished under any of the
section.

Issue 3

Whether the act done without Mens rea is an offence or not?

Among the four elements of committing a crime, guilty mind is an important one. Without
the wrongful intension the crime cannot be committed.

Maxim ‘ACTUS NON FACIT REUM NISI MENS SIT REA’

Meaning - An act alone will not amount to offence without any wrongful intension.

However, the facts itself proves that there was no guilty intension also he has revealed in
front of police which shows him innocent.

Case referred- ‘Harbajan Singh v. state of Punjab’

Prayer

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Therefore, in the light of facts of the matter, arguments advanced, and authorities cited, it is
most humbly prayed before the Hon’ble Court that it may be pleased to hold, adjudge and
declare:

1. That the defendant is not liable of committing murder.

2. No evidence found against Satyanand Swami. He performed his duty for the piece of
departed soul.

And/or any other relief that this Hon’ble Court may be pleased to grant in the interest of
justice, Equity and Good conscience.

And in these premises the Defendant as duty bound shall forever pray.

Verification
It is hereby verified that the contents of the case and associated materials placed on the record
are true and correct to the best of my knowledge and nothing has been concealed.

On behalf of the defendant.

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