MEMORIALS of KL university moot court competition, Summaries of Law

Download MEMORIALS of KL university moot court competition and more Summaries Law in PDF only on Docsity! Team Code: 1 SURANA & SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION 2018 IN THE HON’BLE COURT OF SESSIONS JUDGE, PUNNAI C.C. NO. 100 of 2018 STATE OF SARDAM (PROSECUTION) DEVEN & JEYANT (DEFENCE) FOR OFFENCES CHARGED UNDER: SECTIONS 307, 325, 354(D), 355, 504, 509 & 358 OF THE BARAT PENAL CODE, 1860 UPON SUBMISSION TO THE HON’BLE SESSION JUDGE MEMORIAL ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Table of Contents List of Abbreviations Index of Authorities ¢ Table of Contents ¢ Books * Websites ¢ Statutes Statement of Jurisdiction Statement of Facts Statement of Charges Summary of Arguments Arguments Advanced Issue-I: Whether Deven is guilty under Section 354D and 509 of Barat Penal Code? Issue-II: Whether Deven is guilty under Section 307 BPC for attempting murder? Issue-III: Whether Jeyant is an offender under Section 325 of BPC Issue-IV: Whether Jeyant is guilty under Section 355 and 504 of BPC? Issue V: Whether the mob that attacked Deven is an offender under Sec 358 of BPC? Prayer List of Annexures ¢ Annexure 1 ¢ Annexure 2 ¢ Annexure 3 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 . Abhiram Mukhi v. St. of Orissa, 1996 Cri LJ 2341 . Aman Kumar v State of Haryana, AIR 2004 SC 1497 . Aniyan Kunju & Ors v. St. of Kerela, 2008 . Anuradha R Kshirsagar v. St. of Maharashtra, 1991 Cri LJ 411 » Apparel Export Promotion Council v A.K. Chopra AIR 1999 SC 625 » Arjun Thakur v. State of Orissa, 1994 Cr LJ 3526 (Ori) Bellana Kannam Naidu v. St. of AP, 1994 Cr. Lj 1146 (AP) Bhaskar Pandit Kadam v. St. of Maharashtra, (1984) (2) Bom CR 769 Chimbanbhai Jagabhai Patel v State of Gujarat, AIR 2009 SC 3223 . Deputy Inspector General of Police v. S Samuthiram, (2013) 1 SCC 598 « Hari lal & Anr. v. St. of UP, 1970 SCR (2) 237 - Inder Mohan Goswamy v. State of Uttaranchal and Ors, 2007 (4) JCC 2843 . Jagga Singh v. St. of Punjab, (2001) 3 SCC 137 . Jage Ram v. St. Of Haryana, (2015) 11 SCC 366 . Jodh Singh v. State of UP 1991 Cr LJ 3226 (All) . Jodha v. St. of Rajasthan, (1994) SCC Online Raj 161 . Keshab Padhan v. St. of Orisaa, 1976 Cutt. LR (Cri) 236 . Kuldip Singh v. St. (1988) 3 Crimes 628 (1) Del (SN) . Liyakat Mian v. State of Bihar, AIR 1973 SC 807 . Lugga Singh v State of Punjab, (2008) Cr LJ 90 (P&H) . Manik Bandu Gawali v State of Mharashtra, 1998 Cr LJ 2246 (Bom) . Namdeo Dnyanaba Agarkar v. State of Maharashtra, 2013 Cr Lj 3946 (BOM) . Narayana v. State of Karnartaka, 1998 Cr LJ 1549 (Kant) MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44, 45. Niranjan Singh v. St. of MP,CR Appeal No. 868 of 2002 Om Prakash v. State of Punjab, AIR 1961 SC 1782 Prabhu Dayal v. St. of MP, (2016) SCC Online MP 8503 Pran Dutt v. UP, (1983) 1Crimes 286 Phiaz Muhammad v. Inayat Hussain Raghunath alias Ram Singh, (1940) 16 Luck 194 Sarju Prasad v. State of Bihar, AIR (1965) SC 843 Shaikh Krimulla v. St. of AP, AIR 2009 SC 1711: 2009 11 SCC 37IT Shailesh v. St. of Maharashtra, 1995 Cr. LJ 914 BOM Skipper Beverage Pvt. Ltd. v. State, 92 (2001) DLT 2017 State v. Ashok Kumar State v. Ashok Singh, State v. Chottu @ Javed Khan, Case no. 341/2A/04 of 2013 State v. Santosh Kumar Singh, (2010) 9 SCC 747 State of Punjab v. Major Singh, AIR 1967 SC 63 State of Madhya Pradesh v. Kedar Yadav, 2001 (1) SCC (Cri) 1008 State of UP v. Indirajeet Alias Sukhata, (2000) 7 SCC 249 Sukharam v. St. of MP, AIR 1989 SC 772 Sukra v. St. of Orissa, (1958) Cut 700 T. Munirathnam Reddi, 1995 Cr LJ 917 Tarkeshwar Sahu v. St. of Bihar, 2006 (8) SCC 560 Vidyadharan v. State of Kerala, (2004) 1 SCC 215 . Vishaka & Ors. v. State of Rajasthan & Ors, AIR 1997 SC 3011 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 BOOKS: Ratanlal and Dhirajlal, The Indian Penal Code, 33" Ed. (2011) P.S.A. Pillai (13" Ed. 2017) Gaur, KD, Criminal Law: Cases and Materials, (6" Ed. 2009) Gupta and Dighe, Criminal Manual, (7" Ed. 2007) Kelkar, R.V. Criminal Procedure, 6" Ed. 2011) WEBSITES: . http://www.scconline.com . http://www.manupatrafast.com . http://www.findlaw.com . http://www. judis.nic.in . http://www.indiankanoon.com 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) ATEMENT OF JURISDICTION MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 STATEMENT OF CHARGES Charge-1 Deven — has been charged under The Barat Penal Code, 1860 - Section 307 for attempt to murder, Section 354D for stalking and Section 509 for Word, gesture or act intended to insult the modesty of a woman. Charge-2 Jeyant — has been charged under The Barat Penal Code, 1860 - Section 325 for voluntarily causing grievous hurt, Section 355 for Assault or criminal force with intent to dishonor person, otherwise than on grave provocation & Section 504 for Intentional insult with intent to provoke breach of peace. Charge-3 The unknown persons who attacked Deven were also charged under Section 358 of The Barat Penal Code, 1860. MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 SUMMARY OF ARGUMENTS ISSUE 1: Whether Deven is guilty of outraging the modesty and stalking Pooja under section 509 and 354D of BPC respectively? It is submitted before the Hon’ble court that the accused, Mr. Deven, had committed the offense of Stalking and outraging the modesty of the victim and is guilty for the same. The accused had an intention to outrage the modesty of woman and he did so, by abusing her and calling her characterless. Similarly, he also committed the offense of stalking even after sensing the victim’s disinterest in him. He tried contacting her from unknown numbers and waited for her outside her workplace. The essential ingredients of both the sections of BPC are fulfilled. ISSUE II: Whether Deven is guilty under section 307 BPC for attempting murder of Pooja? It is submitted before the Hon’ble court that the accused, Mr. Deven had committed the offense of attempting to murder the victim. He slashed the victim’s neck with a sharp-edged knife, already proves actus rea. The mens rea can be seen by the type of weapon and wound along with part of the body attacked. The essential ingredients of Section 307 are therefore fulfilled. ISSUE III Whether Jeyant is an offender under section 325 of BPC? It is submitted before the Hon’ble court that Accused no. 2, Mr Jeyant is guilty of causing grievous hurt voluntarily to Accused no 2 with the intention to vent out his personal enmity. He threw stones on him, that hit him on his head and thereafter rained fresh blows on him. The act of Jeyant was without any provocation which proves that the essential ingredients of Section 325 of BPC are fulfilled. MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 ISSUE 4: Whether Jeyant is liable under section 355 and 504 of BPC? It is submitted before the Hon’ble court that the accused, Mr. Jeyant had committed the offense under section 355 and 504 of BPC by using criminal force with the intent to dishonour a person without being provoked and insults someone intentionally with the motive of breaching the peace. The act of attacking Accused no. 1 proves the presence of criminal force and the personal hatred for the accused proves the intent to dishonor. Also, the intentional insult was caused by the conduct of attacking Deven (accused). Ergo, the essential ingredients of both the sections are fulfilled. ISSUE 5: Whether the mob that attacked Deven should be charged under Section 358 of BPC? It is submitted before the Hon’ble court that the law recognises moral policing wrong. Since in the present case, the mobs attacked Accused no. 1, leaving him bruised and unconscious, they are to be charged under this section. The act involved an assault and that assault was a result of provocation. Ergo, both the ingredients of the section are fulfilled. RGUMENTS ADVANCED MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 without any deliberate intention.'’ Therefore, it can be concluded that Deven has committed an offence under Sec. 509 IPC. 1.2: The counsel also submits before the court that accused no. 1 is an offender under Section 354D of IPC for stalking the victim and trying to foster an interaction with her even after sensing her non-willingness for the same. The definition of the offence of stalking notes the following ingredients- e A man following a woman and contacts or attempts to contact such woman e fosters personal interaction repeatedly despite a clear indication of disinterest by such a woman. Furthermore, the counsel would like to mention that the victim was being increasingly troubled by the behaviour of Accused No. 1 who was repeatedly calling and texting her. Because of this, the victim even changed her number and used the old number only to contact her parents (Annexure 2(5)). It was clear that the victim, not only wanted to conceal this from her family but also sever all ties with the accused as soon as possible. Even after sensing that the victim was not interested in keeping any contact with him, the accused repeatedly kept calling her from different numbers. Calling from different numbers shows that he knew he was being ignored. The accused also stood outside her office and waited for her to show up despite a clear indication of disinterest by her. The counsel would like to lay emphasis on the fact that by not attending any calls and not replying to the texts, the victim clearly indicated her dis-interest in accused. Ergo, it is proved that there were continuous attempts to foster personal interaction by the stalker and lack of interest from the woman’s side. * Vishaka & Ors. v State of Rajasthan & Ors, AIR 1997 SC 3011; Apparel Export Promotion Council v A.K. Chopra AIR 1999 SC 625 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 It was held that seldom a woman files complaint and often the wrongdoers are left unpunished even if the complaint is filed since there is no effective mechanism to monitor and follow up such acts.” The horrifying aftermaths of stalking are not hidden from anyone. A law student of Delhi University filed a case against her stalker one year before she was raped and murdered by him." The case clearly indicates that stalking is a step before sexual harassment. The court also held the accused guilty for the offence of stalking and outraging the modesty of a married woman which led to the failure of her marriage.‘ In one such case, a 12-year-old girl was being stalked by the rickshaw puller on her way to school and back home. The accused rickshaw puller, who not only stalked her but also abused her, was held guilty in court under Section 354D."° With reference to the instant case, it is requested that the bench refers to Annexure 2(5) which would prove that in spite of severing all the ties and asking Deven to refrain from pestering her by calling and texting, the victim received calls and texts from him which were tormenting. The witness’ statement clearly mentions that Pooja wanted to be left alone but he would not give up contacting her. Further, Deven’s desperation also led him to irritate the victim’s flat mate Divya by texting and calling her continuously (Exhibit H). It is therefore established that the accused was an insane stalker akin to roadside Romeo who would percolate along some incredible scales to foster personal interaction with the victim and intrude in her personal space. ISSUE 2: Whether Deven is guilty of attempt to murder under Section 307 of BPC? * Deputy Inspector General of Police v. S. Samuthiram, (2013) 1 SCC 598 * State v. Santosh Kumar Singh, (2010) 9 SCC 747 * State v. Ashok Singh, https://indiankanoon.org/doc/60489353/ * State v. Ashok Kumar, https://indiankanoon.org/doc/32288367/ MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 It is humbly submitted before this court that Deven is guilty of an unlawful offence under Section 307 of BPC. Any act or omission will be taken into this section if the offender, while committing such act thought that it would lead to death.’* It is to be noted that the essential elements of Sec. 307 are as follows: * the act must be capable of causing death”, «the existence of the intention of the offender to cause death® If the accused intended that the natural consequence of his act should result in death but he was frustrated only by the extraneous circumstances, he would be guilty of attempt to commit the offence of murder."® The ingredients of Sec 300 when fulfilled, brings the case into the ambit of Sec 307. For a conviction under this section it is not necessary that the accused should complete every stage in the actual offence, except the final action. It is enough if in the attempt he did an act towards the commission of the offence.” The Supreme Court reiterated its earlier view and held that the offence under 307, IPC is committed, when with the intention to commit murder, the offender does any act or series of acts towards the commission of murder. It is not necessary that the act done must be last for committing murder.” *© Lugga Singh v State of Punjab, (2008) Cr LJ 90 (P&H) *”” State of Maharastra v. Kashirao, (2003) 10 SCC 434 *8 Jage Ram v. State of Haryana, (2015) 11 SCC 366 * T. Munirathnam Reddi, 1995 Cr LJ 917 » Arjun Thakur v. State of Orissa, 1994 Cr LJ 3526 (Ori) 1 Raghunath alias Ram Singh, (1940) 16 Luck 194 ” Om Prakash v. State of Punjab, AIR 1961 SC 1782 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 defines murder is there, then it is immaterial to whether or not any hurt was caused to the victim by the accused*”. After meeting Pooja and fuming with anger, Deven came back home. While reacting to the song that was playing in the television, he says to his friend that girls who play with feelings of boys should be treated awfully (Annexure 2(8)). Right after this feeling of revenge came into his mind, he called her, around 11.45 pm and apologized to her on his behaviour and said he wanted to meet her and ask her pardon in person. At this point in time, it can be concluded that he wanted to take revenge on Pooja. Asking her for pardon in person was an excuse to meet her and fulfil his evil intentions. It is clear that Deven intended to murder Pooja. And thus, the element of mens rea was present. Therefore, it is established that he is guilty of attempting murder. ISSUE-3: Whether Jeyant Is an offender under Section 325 of BPC? The counsel humbly submits that Jeyant (A2) is guilty of causing grievous hurt to Deven in order to give a free rein to his enmity, thereby being an offender under Section 325 of BPC. The essential ingredients of the section are as follows: ¢ Voluntarily causing grievous hurt ¢ Such grievous hurt being caused without any provocation A. Voluntarily causing grievous hurt: There is no such thing as a regular weapon for committing murder or for that matter a hurt. Whether a particular article can per se cause any serious wound or grievous hurt or injury has to be determined factually.” In a case, the % Ratanlal and Dheerajlal, The India Penal Code (32" ed, Lexis Nexis Butterworths, 2010) 1753-83 *” St. of UP v. Indirajeet Alias Sukhatha 2000 (7) SCC 249 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 appellants were held guilty under the section for causing a grievous hurt by shooting the victim in the leg.” Throwing of Stones: Jeyant warned the victim that people like Deven cannot be trusted and advised her to stay away from him, proves the existence of his personal hatred for Deven. (Annexure 2(2)). Accused no. 2 had feelings for the victim and was jealous of Deven. (Annexure 2(13)). He was looking for an opportunity to vent out his enmity towards him. And also, he got that opportunity, when he saw Deven taking out the knife and the apple from his bag. He threw a stone towards Deven and planned to use the act of Deven as an excuse for his offence of grievous hurt. The counsel submits that there was no reaction of fear on Pooja’s face (Annexure 2(6)) when Deven took out the knife, and Jeyant saw that. Even after that, he threw a stone at him which caused grievous hurt. (Exhibit A) Raining fresh blows: The counsel would also like to assert the fact that Deven was hapless and was harmless after being dealt by the public for his atrocious act of attempt to murder (Annexure 2(6)). However, as soon as Jeyant draws close to Deven, he takes the doom of the accused as an opportunity to vent out his enmity towards him and rains on him a fresh set of blows. Jeyant left no chance wasted and kicked Deven on his abdomen that left him unconscious. (Exhibit E) Therefore, it is evident that he used the opportunity to let out his hatred towards him because had it been for the concern of his friend, he would have first taken her to the hospital immediately and not wasted the time beating up someone. ® Jagga Singh v. St. of Punjab (2001) 3 SCC 137 : AIR 2011 SC 960 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 In a case of a friendly cricket match, a player blew a stump against another player which led to another player’s death; the intention to cause death could not be proved thereby leading the court to believe that Section 325 should be applied.* In one such case, it was held that the intention of the son was to cause a grievous hurt to his father by the act of hitting him with the stick on the head. The fact that such action would lead to the death of his father was not thought of, therefore the son was held guilty under section 325 for causing grievous hurt intentionally.” After considering the evidence of the witness, an appropriate conviction would be in terms of Section 325 of BPC“’. Supreme Court also held that incised wound to the bone is considered to be a fracture and hence grievous hurt”. In Niranjan Singh v. State of Madhya Pradesh“, the court held that the terms “dangerous to life” and “endangers life” are different and it is important to prove that during that time, the victim was unable to follow his ordinary pursuits. The court, in the present case relied upon a source to decipher that grievous hurt, was the motive. It was also observed that the medical report is a factor which has to be weighed along with other materials to see whether the prosecution version is reliable and cogent. “ The counsel would humbly request the court to refer to the medical report of Accused no. 1 that proves that the intention of Accused no. 2 was solely to cause grievous hurt (Exhibit E) (Annexure 2(10)). B. Such grievous hurt being caused without any provocation: * Shailesh v. State of Maharashtra 1995 Cr LJ 914 BOM “ Bellana Kannam Naidu v. State of AP 1994 Cr LJ 1146 (AP) “Shaikh Karimullah v. State of AP AIR 2009 SC 1711 * Hori Lal and Anr v. State of UP 1969 “3 Cr Appeal No. 868 of 2002 “ Aniyan Kunju and others v. State of Kerala 2004 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 by hitting him, intending to hurt him, has committed an offence of criminal force punishable under Sec. 350 IPC. Thus, the first condition for an act to be a crime u/s 355 IPC is satisfied. (ii) Intention to Dishonour Deven: It is humbly submitted before this Hon’ble court that Jeyant intended to dishonour Deven by hitting him in front of the public. The accused liable under Sec. 355 BPC as the act or omission of the petitioner beating by the shoes in presence of a large number of persons (Barati) dishonoured the victim. In order to prove the intention of Jeyant for dishonouring Deven, the counsel would like to bring to the notice of this Hon’ble Court that as Jeyant was interested in Pooja, but Pooja was in a relationship with Deven, which made Jeyant jealous of him. This feeling of jealousy overpowered Jeyant when he saw Deven bringing a knife close to Pooja’s face, and he threw a stone at Deven. Later, when Deven slashed Pooja’s throat, Jeyant, with the help of other persons overpowered Deven; he takes the doom of the accused as an opportunity to vent out his enmity towards him and rained on him a fresh set of blows. Accused no. 2 left no chance wasted and hit Deven that left him unconscious. Therefore, it is evident that he used the opportunity to let out his personal hatred towards Deven. Therefore, it can be concluded that Jeyant had an evil intention to dishonour Deven by beating him in public. Section 504 of BPC states that: ¢ There must be an intentional insult. ¢ Insult must be offered by words or conduct “® Prabhu Dayal v. State Of Madhya Pradesh 2016 SCC OnLine MP 8503 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Ergo if an intentional insult is of such a nature that it might give provocation which may lead to hamper public peace or commit any other offense, the offense under this section is committed.” By the above arguments, it is also clear that Jeyant is guilty under Section 504 as he caused intentional insult to Deven and outraged the mobs to attack him which is an offence under the law. (Exhibit D) Thus, as it is proved that Jeyant used criminal force to Deven, with the intention to dishonour him, the accused shall be held guilty for the offence u/s 355 IPC. He is also guilty under section 504 for inciting people to attack Deven and cause a breach of peace. ISSUE 5: Whether the mobs who attacked Deven were guilty under Section 358 BPC? It is humbly submitted before this Hon’ble court that the unknown people who attacked Deven are guilty u/s 358 BPC. Assault or use of criminal force on a grave and sudden provocation has been made punishable by this section. The main ingredients of this section are: ¢ There must be an assault or use of criminal force to any person ¢ The assault or criminal force must be an outcome of a grave and sudden provocation given by that person. The section recognizes that assault or use of criminal force under grave and sudden provocation deserves to be a part of the principle of diminished responsibility and, therefore, it has been treated very lightly. The maximum imprisonment prescribed is only for one month and that too only simple imprisonment, not rigorous. “° Mohammed Sabad Ali v Thuleswar Borah, (1954) 6 Ass 274 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 The counsel submits that the mob used a criminal force against the Al which lead him to be admitted in the ICU. This criminal force used by the public was an outcome of grave and sudden provocation. As when Jeyant saw Deven taking the knife out of his bag, he thought that Deven was going to kill Pooja. Thereafter he warned public and provoked them to attack Deven. The crowd got provoked and used criminal force against Deven. According to the explanation, which is same as applicable to section 352, the provocation must not be sought or voluntarily provoked by the offender as an excuse for the offence, or must not be given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant, or must not be given by anything done in the lawful exercise of the right of private defense. Whether the provocation was grave and sudden enough to mitigate the offence is a question of fact. The offence under section 358 is non-cognizable, bailable and compoundable, and is triable by any magistrate. The person who does such act must know that his action will lead to disrupting public peace and lead to any other offense.® The counsel submits that the crowd was aware that all of them, together, beating Deven would cause him grievous hurt. The act of Deven slitting the throat of Pooja provoked public and they caused him grievous hurt on being provoked. Therefore, the unknown crowd is liable for assaulting or using criminal force on a grave and sudden provocation against Deven. * Jodh Singh v. State of UP 1991 Cr LJ 3226 (All) MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 FIRST INFORMATION REPORT (UNDER SECTION 154 CrPC) . District: Punnai P.S.: Punnai Year: 2017 FIR No: 110/2017 Date: 12 June 2017 . Act(s) Section(s) Bharat Penal Code, 1860 509/354D/307/325/355/504/358 Occurrence of Offence: (a) Day: Day from: 12.06.2017 Day to: 12.06.2017 Time Period: Time from: 10.00 am — Time to: 10.15 am (b) Information Received at P.S.: Punnai_ Date: 12.06.2017 Time: 10.15 am (c) General Diary Inference: Entry No.: N/A Time: N/A . Type of Information: Written / Oral: Oral . Place of Occurrence: (a) Direction/Distance from PS: 2 km (b) Address: Gate No. 2, Indra Nagar Metro Station (c) Incase, outside the limit of the Police Station: Name of P.S.: Punnai District: Punnai 6. Complainant/Informant: Unidentified Person (a) Name: N/A (b) Date of Birth: N/A Nationality: N/A (c) Passport No.: N/A Date of Issue: N/A Place of Issue: N/A (d) Occupation: N/A 7. Details of Known/Unknown/Suspected accused with full particulars (attach separate sheet if necessary): MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Mr Deven Mr Jeyant 8. Reasons for delay in reporting by the complainant/informant: NA 9. Inquest Report / U.D. Case No., if any: NA District: Punnai P.S.: Punnai Year: 2017 FIR No: 110/2017 Date: 12 June 2017 10. F.I.R. Contents (attach separate sheet, if required): To the duty officer, Punnai, it is lodged that I was present outside Indra Nagar Metro Station on 12" June 2017 when at around 9:50 AM, a woman came and sat next to the man on the bench. They were engaged in a conversation when the man took out a pen-knife and an apple out of his bag to offer it to the woman. She made an expression of denial and he was in tears. In an attempt to wipe his tears with his sleeves, the knife got close to her face. Just then another man in a white shirt standing nigh the car parked at about 200 meters from them threw stone at the man sitting on the bench, and shouted “murder, murder” and hurried towards them. The people standing nearby also saw the man holding knife and ran towards him. The man who shouted murder then picked up another stone and threw it towards the man. The stone hit him on his forehead and he started to bleed. On seeing so many people running in fury towards him, he panicked and held the knife against the woman’s throat. He shouted that he would do something to her if the crowd did not back off. He tried taking the woman along with him and running from the place but she resisted and then the knife slashed her neck and she feel unconscious. By then, the public caught hold of him and kicked him brutally. He fell down and could not even move. Then the man who threw stones at him too caught him and kicked him on stomach and lower abdomen. Both man and woman were unconscious and hurt. MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 11. Action Taken since the above information reveals commission of offence(s) u/s as mentioned at item 2: () Registered the case and took up the investigation: (ii) Directed (Name of the I.O.) Mr. Prakash Rank: Inspector (iii) Refused investigation due to: or (iv) Transferred to P.S. (name): Punnai District: Punnai On point of jurisdiction E.LR. read over to complainant/informant admitted to be correctly recorded and a copy given to the complainant/informant free of cost: R.O.A.C. District: Punnai P.S.: Punnai Year: 2017 FIR No: 110/2017 Date: 12 June 2017 Signature/Thumb impression of Signature of Officer Complainant/Impression (Unidentified) _ Falter Name: Mr. Prakash Rank: Inspector MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Statement of Jeyant: “My name is Jeyant. I am a relative and an old friend of Pooja. I knew this day would come one day and I have been warning Pooja since the college days. I knew that people like Deven could never be trusted. When Pooja told me and Kavita that she was going to meet Deven and after knowing what happened at the restaurant we agreed to accompany her. They met at the metro station on 12 June, 2017. Kavita and I were standing at a distance observing the whole conversation between Deven and Pooja, suddenly we saw him taking a knife out of his bag and took it close to her face, in an attempt to kill her. In a state of panic and anguish I hurled a stone at him, injuring his head and blood gushed out. I warned the public, as I was in utter disbelief of the whole scene and to avert any harm on Pooja. When the crowd approached Deven, he caught hold of Pooja and warned us to back off or he might end up doing something wrong. Noticing the crowd not being affected by the warning, Deven slits Pooja’s throat. The crowd later overpowered Deven and started beating him.” RO&AC Sa (Jeyant) Before Me (Prakash) Police Inspector ANNEXURE- 2(3) MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Statement of Pooja: “Deven was my boyfriend since college days. I had moved forward in my life and Deven was still the same. I realized that my life has changed and wanted to sever all ties with him. I went to meet Deven at the metro station for the last time. He always brought with him some fruits to share with me. He offered me an apple which I denied. I did not want to give him any false hopes. He took out a knife and it created a state of panic for others. He took me as a shield and later attacked me. The last thing I remember is falling on the floor, bleeding.” Before Me (Prakah) Police Inspector ANNEXURE- 2(5' MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Statement of Kavita: “My name is Kavita and I am 25 years old. I am friend with Pooja and her colleague. Deven was a nuisance in Pooja’s life, she used to avoid him and repeatedly used to tell him to stay away but he never listened. She went to the extent of changing her mobile number only to find him standing outside the office. Pooja and I were planning to join a training institute in Mumbai. Before that, she wanted to put an end to the Deven chapter and they both met at a restaurant where she told me that she was abused by Deven. He still kept calling her even after being told that she did not want him to contact her at all. On repeated requests from Deven, Pooja agreed to meet him at the Indira Nagar metro station. Pooja asked me and Jeyant to accompany her. I went with Pooja to meet Deven but I was asked to give them some personal space and I moved away. I saw them talking for a few seconds and then Deven took out an apple and a pen-knife from his bag. He then took the knife close to Pooja’s face, and this move shocked me. Jeyant hurled stones at Deven and he started bleeding. Seeing everyone approaching him he first threatened to kill Pooja by placing a knife at her throat and then slits her throat. She fell unconscious. Deven was overpowered by Jeyant and other people and kicked till he fell unconscious.” RO&AC Before Me (Prakah) Police Inspector ANNEXURE- 2(6 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Statement of Kishore: I am Kishor, Deven’s roommate. He is constantly worried about Pooja’s safety and well-being, but she took him for granted. For last 2 months, he couldn’t even contact her, when he called her from my number or the public booth near our house, the call got connected but she hung up the phone after hearing Deven’s voice. He also texted her on WhatsApp, but Pooja, even after seeing the messages, didn’t reply. I always felt that she wasn’t serious for Deven. Deven told me how much he missed Pooja. Deven would ask me to shut up when I told him that she wasn’t the right girl for him. The night he met Pooja and came back home inebriated, I got shocked as I had never seen him in such a condition before. He was shattered. He came and sat next to me on the sofa and started watching TV, there was a hit song, named “Adra Avalai, Udhaida Avalai” being broadcasted on the TV which means, Beat her, Kick her and so on. Deven uttered “what he says is right, that is what is to be done to these girls who play with the lives of boys.” I was shocked and he pacified Deven and asked him to cool down. But that reaction was, I think, a result of him being intoxicated. He then called Pooja and convinced her to meet one last time. Before calling he told me that this time he will end everything on a good note. Like always he took fruits and a small knife in his cotton bag and told me that this is how it all started and how he will offer her an apple for the one last time. It is unfortunate whatever happened to him. He deserved better. RO&AC (Kishore) Before Me (Prakah) Police Inspector MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 ANNEXURE- 2(9' Statement of Alex: “IT am a waiter at the Taj restaurant, Punnai. I attended Mr Deven and Miss Pooja when they came to our restaurant on 9th of June. Mr Deven was looking happy to meet Miss Pooja and I also heard him complimenting her. They were talking normally and enjoying the snacks. However, when the customer seated near their table signaled like they needed something and I went to attend them, I heard Miss Pooja making jokes on the thinking of Mr Deven and telling him that he has not grown up even a bit. She said that his mentality is as conservative as that of a 60-year-old and she could never be with someone like him. On feeling insulted, he abused her and told her that she is losing her character and that can be depicted by dressing sense and way of talking. When I was moving away with the used plates to bring the cheque for the customer, I saw Ms. Pooja slapping Mr. Deven. She even shouted that she is done with him and he should get lost because she did not want him to contact her. The other customers in our restaurant also had their eyes on the incident, because of which Mr. Deven felt humiliated and left.” RO&AC Before Me (Prakah) Police Inspector MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 ANNEXURE- 2(10) Statement of Dr Abhay (Psychologist): “My name is Dr Abhay and I am a psychologist at Punnai. Deven was my patient. He came to me a few months ago and was battling with depression, anxiety and insomnia. He was also suffering from psychological trauma. I was treating him and developments in his personal life wasn’t helping him at all. But Deven was not an aggressor and even after multiple sessions he did not ever give any sign of hatred towards Pooja nor did he show any intention of hurting her. All he would tell was that he was scared of losing the girl he loved and his relationship was not going well. He would mention that he is worried for her and that he isn’t able to contact her. Deven had always mentioned that Pooja was like a family, away from home and he could not stop worrying for her. She was her only support here.” BE (Dr. Abhay) Before Me (Prakah) Police Inspector MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Annexure: 3 REPORT OF INVESTIGATING OFFICER (Under Section 173 Cr.P.C.) In the Court of the Sessions Judge, Sessions Court at Punnai . District: Punnai PS: Punnai Year: 2018 FIR No.: 110/2017 Date: 12 June 2017 Charge Sheet No.: 16 dated 20 Feb 2018 . Acts/ Section(s): (i) Barat Penal Code, 1860 307, 325, 354(D), 355, 504, 509 & 358 . Type of Charge Sheet: Original Charge Sheet against: Mr Deven Mr Jeyant Offence as mentioned did occur as per the contents of the FIR. Original Charge sheet, supplementary to follow against the rest of the accused. 1.O.: Mr Prakash; Rank: Inspector Complainant: Unidentified Person . Date of Properties/Articles/Documents Recovered/Seized during investigation and relied upon: i. Stones with blood stains are marked as “Exhibit-A”. ii. Knife which was used for attempting murder is marked as “Exhibit- B”. iii.Picture of Deven holding knife against Pooja’s neck, which was captured by an unidentified person, is marked as “Exhibit- C”. MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 iv. Close Circuit Camera recording, “Exhibit-D” v. Medical reports showing the wound details of Pooja and Deven are marked as “Exhibit- E” vi.Forensic Report showing that Blood Stained Samples match with that of victim is marked as “Exhibit- F”. vii. Lyrics of the song that Deven was listening on the night of 9" June, is marked as “Exhibit- G” viii. Call records and messages sent by Deven to Pooja and Divya are marked as “Exhibit- H” 10. Particulars of accused persons charge sheeted: S.No. Name of the Accused Status of the Accused 1. Deven In Custody 2. Jeyant In Custody 3. Unidentified person Not in Custody 11. FIR is not false. 12. Result of Forensic Science attached 13. Brief facts of the case: @ On the 12th of June 2017 at around 10:00 am. Deven and Pooja were going to meet each other at the Indra Nagar metro station. Kavita and Jeyant were accompanying Pooja. Everyone panicked when Deven while talking to Pooja took out a knife. After seeing the knife Jeyant alerted the public and threw stones at Deven. Deven took Pooja as a human shield and asked everybody to back off. On seeing the crowd approaching towards him, he used the knife he was wielding on Pooja injuring MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 her and she fell unconscious. Deven was overpowered by the crowd and Jeyant started beating him. The ambulance came with police and they both were taken to the hospital in the critical state and were admitted to ICU. Deven and Pooja know each other since the days of college. Jeyant was also in their locality but not in the same college. Jeyant and Deven didn’t like each other but Pooja and Deven were close to each other. They all moved to Punnai after completing their graduation. Pooja got campus placement and Deven got a job with a private builder. Pooja was staying with Kavita in a flat near Indra Nagar metro and Deven was staying as a paying guest with Kishore. Pooja started distancing herself from Deven after moving to Punnai and Deven was not taking it well. Pooja tried telling him that she wants to start a new life and will be going to Mumbai to train for becoming an air hostess with Kavita. On 9" June they met at the Taj restaurant where Pooja slapped Deven after Deven abused her and told her that she is losing her character. Deven then got drunk with Karan, whom he met on his way to home and after getting intoxicated he again called Pooja late at the night asking her to meet for one last time and he wants to apologize for what he had done. (viii) They met at Indra Nagar metro station where the incident took place. Baler (Mr. Prakash) (Investigating Officer) MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 ARREST MEMO IN CC-110/2017/BPS/BCB/BIL 1. Accused No. 1 Name of the Accused Date and Time of Arrest Place of Arrest Age/Date of Birth Parentage Address Accused No. 2 Name of the Accused Date and Time of Arrest Place of Arrest Age/Date of Birth Parentage Address Signature of Witnesses Mr Deven 12.06.2017, 10.00 a.m. Indira Nagar Metro Station 25 years, (DOB: 01.04.1993) Shri Perumal 1, Canal Street, Chirapalli, Vanjiyur, Sardam Mr Jeyant 12.06.2017, 10.00 a.m. Indira Nagar Metro Station 26 years, (DOB: 10.09.1992) Shri Gajanan 3 Subhedar Street, Chirapalli, Vanjiyur, Sardam-3 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 (Kannan) Annexure: 5 FINAL REPORT (Under Section 173 Cr.P.C.) IN THE COURT OF SESSIONS JUDGE, SESSIONS COURT AT PUNNAI (1) Name of Branch: Punnai FIR No.: 110/2017 Year: 2017 Date: 12.06.2017 (2) Final Report/ Charge sheet No. : 16 dated 20 Feb 2018 (3) Date: 07.08.2017 (4) Act : U/s 307, 325, 354(D), 355, 504, 509 & 358 of BPC, 1860 (5) Type of Final Form/Report : Charge sheeted (6) If Charge Sheeted : Charge sheeted (7) Name of the IO : Mr. Prakash (8) Name of the Complainant/Informant : Unidentified Person (9) Details of Properties/ArticlesysDocuments recovered/Seized during the investigation and relied upon (separate list can be attached, if necessary) (10) Particulars of persons charge sheeted (use separate sheet for each accused) Mr. Deven MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Father’s name : Shri Perumal Date/Year of Birth : 1 April 1993 Sex : Male Nationality : N/A Passport No. : N/A Date of Issue : N/A Religion : N/A Whether SC/ST/OBC : N/A Occupation : Civil Engineer Address @ ~~ Present Address : 1, Canal Street, Chirapalli, Vanjiyur, Sardam (ii) Permanent Address : Same as above Whether verified Provisional Criminal No. Regular Criminal No. Date of arrest : 12.06.2017 Date of release on bail Date on which forward to Court Under Act and Section : 307, 354D, 509 Name(s) of Bailers/sureties and address Previous convictions and address Status of the accused Mr. Jeyant MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 victim changed her number, in order to get rid of calls from the accused. On further investigation, it was revealed that the victim and the Accused A1 decided to meet at a restaurant on 9" June, 2017. A person in the restaurant witnessed the victim slapping the accused. On further enquiry, it was found that on his way back, he met his friend Karan, who took him to another restaurant where they were served liquor. They were inebriated beyond limits and were asked to leave the restaurant. On further investigation, it was found that on the night of 9" June, 2017, the accused 1 made multiple phone calls the victim. For the first five times the victim didn’t pick the phone up, and finally when she picked the phone, they conversed for 09.50 minutes. On further enquiry, it was found that in their conversation the accused apologised to the victim and requested her to meet one last time. They decided to meet near Indira Nagar metro station on 12" of June, 2017. Further investigation revealed that Jeyant too loved Pooja, therefore he was jealous of Deven for being in a love relationship with Pooja. (16) Charge: 1. Investigation revealed that the case CC- 100/2017/PPS/PCB/PIL w/s 307, 509 and 354D of Barat Penal Code, 1860 against Mr. Deven S/o Perumal, R/o 1, Canal Street, Chirapalli, Vanjiyur, Sardam — 1; u/s 325, 355 and 504 of Barat Penal Code, 1860 against Mr. Jeyant S/o Gajanan, R/o Subhedar Street, Chirapalli, Vanjiyur, Sardam-3; on receipt of a complaint in pursuance to the information acquired through an undisclosed identity, the police reached at the place of incident and conducted enquiry. After enquiring, the accused persons were arrested and were held in custody by the police. Investigations further reveal that for past 5 years, the accused 1 and the victim were in a MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 love relationship. A year after they shifted to Punnai, the accused observed a change in behaviour of the victim, he made multiple phone calls to her, but many of those calls remained unanswered. It is also revealed that the victim even blocked the contact number of accused from her phone. Thereafter, the victim changed her number, in order to get rid of calls from the accused. On further investigation, it was revealed that the victim and the accused 1 decided to meet at a restaurant on 9" June, 2017. A person in the restaurant witnessed the victim slapping the accused. On further enquiry, it was found that on his way back, he met his friend Karan, who took him to another restaurant where they were served liquor. They were inebriated beyond limits and were asked to leave the restaurant. On further investigation, it was found that on the night of 9" June, 2017, the accused 1 made multiple phone calls the victim. For the first five times the victim didn’t pick the phone up, and finally when she picked the phone, they conversed for 09.50 minutes. On further enquiry, it was found that in their conversation the accused apologised to the victim and requested her to meet one last time. They decided to meet near Indira Nagar metro station on 12" of June, 2017. On interrogating the college mates of the victim and the accused 1, it was found that the accused always used to carry a pen-knife along with some fruits with him. A college friend of the victim said that the victim and the accused became friends when the accused offered the victim some fruits. Some apples and a pen-knife were also recovered from the crime scene. On further investigation, it has been revealed that when the accused A1 took the knife close to the victim’s face, accused 2 threw stone at the accused Al. MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 7. Further, when the accused A1 slits the throat of the victim, the accused A2 overpowered the accused A1 and rained fresh set of blows on his abdomen. . That the above facts disclosed the commission of offences punishable u/s 307, 509 and 354D of Barat Penal Code, 1860 against Mr. Deven S/o Perumal, R/o 1, Canal Street, Chirapalli, Vanjiyur, Sardam — 1; u/s 325, 355 and 504 of Barat Penal Code, 1860 against Mr. Jeyant S/o Gajanan, R/o Subhedar Street, Chirapalli, Vanjiyur, Sardam-3 9. It is, therefore, prayed that all the accused persons in the present matter may kindly be tried according to law. (17) Refer Notice served: Yes/No (18) Dispatched on: (19) No. of Enclosures : (20) List of enclosures : As annexed (i) List of Witnesses (ii) List of Documents (iii) List of Articles Additional list of witnesses and additional list of documents will be filed, if required. _ Balser Forwarded by Supdt. Of Police/PCB Signature of the Investigation Officer submitting the Final Report MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 EXHIBIT-A MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 EXHIBIT-B MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 EXHIBIT-C MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Vv MEDICAL REPORT Personal statement of the candidate: Name in full (in capital letters, surname first): POOJA . Sex: FEMALE . Address: 2 Mettu Street, Chirapalli, Vanjiyur, Sardam1 Date of birth: 10 October 1993 Married/Single: SINGLE Personal History: A. History of Bleeding from Gastro-intestinal Track, Gastric or Duodenal Ulcers, Appendicitis, Internal Piles, Typhoid, Jaundice, etc, Give details: NIL B. History of Asthma, Tuberculosis, Spitting of Blood, Pleurisy, Breathlessness, etc., Give details: NIL . History of Palpitation. Fainting spells, Pain on the Chest, Breathlessness on exertion, cyanosis, Rheumatic fever with Joint pains, Swelling of Legs, Face etc., Give details: NIL D. History of Bleeding of Urinary Tract, Painful Urination passing of stones or given in Urine etc., Give details: NIL E. History of Fits, Paralysis, Neurasthenia, Nervous Breakdown etc., Give details: NIL Family History: A. Heart Disease & Hypertension:-NIL B. Tuberculosis:-NIL C. Kidney Disease:-NIL D. Any other serious ailment: NIL I hereby declare that the above statements are correct to the best of my knowledge. PLACE: PUNNAI DATE: 12.6.2017 A Signed in my presence (Thumb impression of the Candidate) Dr Elbin kurian Deven MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 REPORT OF THE MEDICAL EXAMINER Name of the Candidate : POOJA Category of the Post : PATIENT General Development : GOOD Nutrition : THIN Best Weight : 59KG Any recent changes in weight : NIL Height : 5.8 FEET Temperature : 98 FAHRENHEIT Identification Marks: 1. BLACK MOLE ON THE RIGHT PALM 2. BLACK MOLE ON THE RIGHT EAR DOCTORS DISCRIPTION:- When Pooja was brought to the hospital, her neck was bleeding. We immediately took her to ICU. Upon examination, we found that the trachea is cut but the arteries were fine. It was the small vessels that started bleeding. The situation was critical so we performed the surgery without any delay. The patient is out of danger and recovering. X - RAY REPORT Name: POOJA Category of Post: PATIENT HEART: NORMAL LUNGS: NORMAL MEDIASTINUM: NORMAL CP ANGLES: NORMAL BONY CAGE: NORMAL Is there anything in the health of the patient likely to render him/her unfit for the efficient discharge of his/her duties in the service for which he / she is a patient : UNFIT MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Note: In the case of a female patient, if it is found that she is pregnant, she should be declared temporarily Unfit. Place: PUNNAI Date:12.06.2017 —_ ce Signature of the Medical Examiner Name: DR.AAYUSH GUPTA Designation: SURGEON GOVERNMENT GENERAL HOSPITAL * MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Designation: GENERAL SURGEON MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 CENTRAL FORENSIC SCIENCE LABORATORY Directorate of Forensic Science Services, Ministry of Home Affairs, Government of India, 16, Lachit Borphukan Path, Tetelia, P. O. Gotanagar, Guwahati -781 033 (Ph: 0361-2571149; Fax: 0361-2571148) FORENSIC REPORT Examination Report No:- CFSL/1300/110/2017 Date:- 14.06.2017 FIR No:-110/2017 Date of Receipt:-14.06.2017 Client:- Punnai police, Sardam Order reference:- 400913609 Scientist:- Rajesh No. of sealed Parcel/exhibit(s) received:- 2 Details of parcel/exhibit(s) received:- SPOENAVapWNR Parcel | Description including details of their seal/sealing and Exhibits Identit | contained therein y 1 It contain two stones with blood stain which is marked as exhibit-1 2 It contain knife with blood stain which is marked as exhibit-2 10. Purpose of reference:- For examination and Report 11. Date of examination:-28.06.2017 12. RESULT OF EXAMINATION I. The exhibit-1 was tested with blood sample of Deven. It was found that the blood stain on stone is matched with blood group of Deven. Il. | The exhibit-2 was tested with blood sample of Pooja. It was found that the blood stain in Knife is matched with blood group of Pooja. Ill. The exhibit-2 was analysed with finger print of Deven. It was found that the finger print in knife is matched with the finger print of Deven. Prepared and verified by:- Rajesh (Scientist) MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Exhibit-H ECOTEL PHONE CALL LOG NAME:- POOJA PERIOD:-MONTH OF MAY 2017 PHONE NUMBER- 99555 88666 Date Name of the Phone Number | Time of Call Duration of call Person/Company Called 25.05.2017 DEVEN 99555 99555 25.05.2017 DEVEN 99555 99555 25.05.2017 VISHAL 8963452178 25.05.2017 DEVEN 99555 99555 25.05.2017 DEVEN 99555 99555 25.05.2017 DEVEN 99555 99555 25.05.2017 DEVEN 99555 99555 25.05.2017 DEVEN 99555 99555 25.05.2017 DEVEN 99555 99555 25.05.2017 DEVEN 99555 99555 25.05.2017 DEVEN 99555 99555 25.05.2017 KISHORE 9688147563 25.05.2017 KISHORE 9688147563 25.05.2017 DEVEN 99555 99555 25.05.2017 DEVEN 99555 99555 25.05.2017 KISHORE 9688147563 25.05.2017 KISHORE 9688147563 25.05.2017 DEVEN 99555 99555 25.05.2017 DEVEN 99555 99555 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 28.05.2017 VISHAL 8963452178 07.00 00.00 28.05.2017 VISHAL 8963452178 07.01 09.36 28.05.2017 KISHORE 9688147563 08.17 00.00 28.05.2017 DEVEN 99555 99555 08.45 00.00 28.05.2017 DEVEN 99555 99555 08.56 00.00 28.05.2017 DEVEN 99555 99555 11.12 00.00 28.05.2017 DEVEN 99555 99555 11.16 00.00 28.05.2017 DEVEN 99555 99555 11.23 00.00 28.05.2017 DEVEN 99555 99555 12.15 00.00 28.05.2017 KISHORE 9688147563 13.02 00.00 28.05.2017 KISHORE 9688147563 13.30 00.00 28.05.2017 DEVEN 99555 99555 13.46 00.00 28.05.2017 DEVEN 99555 99555 13.55 00.00 28.05.2017 KISHORE 9688147563 18.23 00.00 28.05.2017 KISHORE 9688147563 18.25 00.00 28.05.2017 DEVEN 99555 99555 20.21 00.00 28.05.2017 DEVEN 99555 99555 20.23 00.00 28.05.2017 DEVEN 99555 99555 20.26 00.00 28.05.2017 DEVEN 99555 99555 20.30 00.00 28.05.2017 KISHORE 9688147563 21.05 00.00 28.05.2017 DEVEN 99555 99555 21.15 00.00 28.05.2017 DEVEN 99555 99555 21.20 00.00 28.05.2017 DEVEN 99555 99555 21.36 00.00 28.05.2017 DEVEN 99555 99555 21.36 00.00 28.05.2017 DEVEN 99555 99555 21.40 00.00 28.05.2017 VISHAL 8963452178 21.55 00.00 29.05.2017 VISHAL 8963452178 07.20 29.05.2017 KISHORE 9688147563 08.36 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 29.05.2017 KISHORE 9688147563 08.39 00.00 29.05.2017 DEVEN 99555 99555 12.12 00.00 29.05.2017 DEVEN 99555 99555 12.29 00.00 29.05.2017 DEVEN 99555 99555 12.36 00.00 29.05.2017 DEVEN 99555 99555 13.02 00.00 29.05.2017 KISHORE 9688147563 14.25 00.00 29.05.2017 KISHORE 9688147563 14.29 00.00 29.05.2017 KISHORE 9688147563 14.30 00.00 29.05.2017 DEVEN 99555 99555 16.32 00.00 29.05.2017 KISHORE 9688147563 16.35 00.00 29.05.2017 DEVEN 99555 99555 17.02 00.00 29.05.2017 DEVEN 99555 99555 17.04 00.00 29.05.2017 DEVEN 99555 99555 17.16 00.00 29.05.2017 DEVEN 99555 99555 17.23 00.00 29.05.2017 DEVEN 99555 99555 17.30 00.00 29.05.2017 KISHORE 9688147563 18.03 00.00 29.05.2017 KISHORE 9688147563 18.06 00.00 29.05.2017 DEVEN 99555 99555 18.55 00.00 29.05.2017 DEVEN 99555 99555 19.00 00.00 29.05.2017 DEVEN 99555 99555 19.03 00.00 29.05.2017 VISHAL 8963452178 19.15 06.30 29.05.2017 KISHORE 9688147563 20.03 00.00 29.05.2017 DEVEN 99555 99555 20.06 00.00 29.05.2017 KISHORE 9688147563 20.10 00.00 29.05.2017 KISHORE 9688147563 20.15 00.00 29.05.2017 DEVEN 99555 99555 20.16 00.00 29.05.2017 KISHORE 9688147563 20.55 00.00 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 IN THE MONTH OF JUNE 2017 Date Name of the Person/Company Called Phone Number Time of Call Duration of call 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 01.06.2017 VISHAL 8963452178 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 01.06.2017 KISHORE 9688147563 01.06.2017 KISHORE 9688147563 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 01.06.2017 KISHORE 9688147563 01.06.2017 KISHORE 9688147563 01.06.2017 DEVEN 99555 99555 01.06.2017 DEVEN 99555 99555 02.06.2017 DEVEN 99555 99555 02.06.2017 DEVEN 99555 99555 02.06.2017 DAWAN PRABHU 0469-2369874 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 05.06.2017 | DEVEN 99555 99555 08.45 00.00 05.06.2017 | DEVEN 99555 99555 08.56 00.00 05.06.2017 | DEVEN 99555 99555 11.12 00.00 05.06.2017 | DEVEN 99555 99555 11.16 00.00 05.06.2017 | DEVEN 99555 99555 11.23 00.00 05.06.2017 | DEVEN 99555 99555 12.15 00.00 05.06.2017 | KISHORE 9688147563 13.02 00.00 05.06.2017 | KISHORE 9688147563 13.30 00.00 05.06.2017 | DEVEN 99555 99555 13.46 00.00 05.06.2017 | DEVEN 99555 99555 13.55 00.00 05.06.2017 | KISHORE 9688147563 18.23 00.00 05.06.2017 | KISHORE 9688147563 18.25 00.00 05.06.2017 | DEVEN 99555 99555 20.21 00.00 05.06.2017 | DEVEN 99555 99555 20.23 00.00 05.06.2017 | DEVEN 99555 99555 20.26 00.00 05.06.2017 | DEVEN 99555 99555 20.30 00.00 05.06.2017 | KISHORE 9688147563 21.05 00.00 05.06.2017 | DEVEN 99555 99555 21.15 00.00 05.06.2017 | DEVEN 99555 99555 21.20 00.00 05.06.2017 | DEVEN 99555 99555 21.36 00.00 05.06.2017 | DEVEN 99555 99555 21.36 00.00 05.06.2017 | DEVEN 99555 99555 21.40 00.00 05.06.2017 | VISHAL 8963452178 21.55 00.00 06.06.2017 | VISHAL 8963452178 07.20 03.36 06.06.2017 | KISHORE 9688147563 08.36 00.00 06.06.2017 | KISHORE 9688147563 08.39 00.00 06.06.2017 | DEVEN 99555 99555 12.12 00.00 06.06.2017 | DEVEN 99555 99555 12.29 00.00 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 06.06.2017 | DEVEN 99555 99555 12.36 00.00 06.06.2017 | DEVEN 99555 99555 13.02 00.00 06.06.2017 | KISHORE 9688147563 14.25 00.00 06.06.2017 | KISHORE 9688147563 14.29 00.00 06.06.2017 | KISHORE 9688147563 14.30 00.00 06.06.2017 | DEVEN 99555 99555 16.32 00.00 06.06.2017 | KISHORE 9688147563 16.35 00.00 06.06.2017 | DEVEN 99555 99555 17.02 00.00 06.06.2017 | DEVEN 99555 99555 17.04 00.00 06.06.2017 | DEVEN 99555 99555 17.16 00.00 06.06.2017 | DEVEN 99555 99555 17.23 00.00 06.06.2017 | DEVEN 99555 99555 17.30 00.00 06.06.2017 | KISHORE 9688147563 18.03 00.00 06.06.2017 | KISHORE 9688147563 18.06 00.00 06.06.2017 | DEVEN 99555 99555 18.55 00.00 06.06.2017 | DEVEN 99555 99555 19.00 00.00 06.06.2017 | DEVEN 99555 99555 19.03 00.00 06.06.2017 | VISHAL 8963452178 19.15 06.30 06.06.2017 | KISHORE 9688147563 20.03 00.00 06.06.2017 | DEVEN 99555 99555 20.06 00.00 07.06.2017 | DEVEN 99555 99555 08.25 00.00 07.06.2017 | DEVEN 99555 99555 08.35 00.00 07.06.2017 | DEVEN 99555 99555 08.36 00.00 07.06.2017 | VISHAL 8963452178 09.00 01.03 07.06.2017 | DEVEN 99555 99555 09.45 00.00 07.06.2017 | DEVEN 99555 99555 10.25 00.00 07.06.2017 | DEVEN 99555 99555 10.32 00.00 07.06.2017 | DEVEN 99555 99555 10.45 00.00 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 07.06.2017 | DEVEN 99555 99555 14.23 00.00 07.06.2017 | DEVEN 99555 99555 14.39 00.00 07.06.2017 | DEVEN 99555 99555 14.52 00.00 07.06.2017 | DEVEN 99555 99555 19.01 00.00 07.06.2017 | KISHORE 9688147563 19.25 00.00 07.06.2017 | KISHORE 9688147563 19.40 00.00 07.06.2017 | DEVEN 99555 99555 19.56 00.00 07.06.2017 | DEVEN 99555 99555 20.32 00.00 07.06.2017 | KISHORE 9688147563 20.45 00.00 07.06.2017 | KISHORE 9688147563 21.00 00.00 07.06.2017 | DEVEN 99555 99555 21.13 00.00 07.06.2017 | DEVEN 99555 99555 21.16 00.00 07.06.2017 | DEVEN 99555 99555 21.18 00.00 07.06.2017 | KISHORE 9688147563 21.20 00.00 07.06.2017 | VISHAL 8963452178 21.30 06.25 07.06.2017 | DEVEN 99555 99555 21.45 00.00 08.06.2017 | KISHORE 9688147563 06.23 00.00 08.06.2017 | VISHAL 8963452178 06.30 02.30 08.06.2017 | DEVEN 99555 99555 07.00 00.00 08.06.2017 | DEVEN 99555 99555 08.15 00.00 08.06.2017 | DEVEN 99555 99555 08.23 00.00 08.06.2017 | KISHORE 9688147563 08.25 00.00 08.06.2017 | DEVEN 99555 99555 08.55 00.00 08.06.2017 | DEVEN 99555 99555 09.00 00.00 08.06.2017 | DEVEN 99555 99555 09.15 00.00 08.06.2017 | KISHORE 9688147563 09.23 00.00 08.06.2017 | DEVEN 99555 99555 09.36 00.00 08.06.2017 | DEVEN 99555 99555 09.53 00.00 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 [29/08/18, 2:18:52 PM] Deven: [29/08/18, 2:19:44 PM] Deven: (29/08/18, 2:19:57 PM] Deven: [29/08/18, 2:51:26 PM] Deven: (29/08/18, 2:51:31 PM] Deven: (29/08/18, 2:51:51 PM] Deven: [29/08/18, 2:52:06 PM] Deven: [29/08/18, 2:52:13 PM] Deven: [29/08/18, 2:52:19 PM] Deven: [29/08/18, 2:52:44 PM] Deven: [29/08/18, 2:52:48 PM] Deven: [29/08/18, 2:52:56 PM] Deven: [29/08/18, 2:54:02 PM] Deven: [29/08/18, 7:46:37 PM] Deven: [29/08/18, 7:51:00 PM] Deven: lam not giving up on you. Please pick my call up Are you okay!! Agar tu phone nhi utha rha to mein Ghar ke niche aa jaung Jaunga Yaar please phone utha lo U know na I can't live without you Please pick up my phone | am not feeling well I guess | am gonna hurt myself Please pick up my call For once at least Now that's it |am gonna storm in your apartment U know that ur stubborn, right? | know u have been busy lately.. stuck up in ur work! Please call me once u find time.. | am really worried about you.. [29/08/18, 8:02:52 PM] Deven: [29/08/18, 8:02:59 PM] Deven: [29/08/18, 8:03:02 PM] Deven: (29/08/18, 8:13:24 PM] Deven: [29/08/18, 8:15:29 PM] Deven: Listen Pooja Bhut deer ho gai hai Reply krde Can't live without you | haven't imagined my future without you.. if uleave me! have no reason to stay alive.. I'll have no future! [29/08/18, 10:12:49 PM] Deven: Why didn't you answer my call? [29/08/18, 10:13:04 PM] Deven: You are clearly avoiding me [29/08/18, 10:13:19 PM] Deven: What have | done to deserve this? MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 [29/08/18, 10:19:36 PM] Deven: Why are you doing this to me Pooja? What's wrong with me? I love you with all my heart ¥ [29/08/18, 10:19:46 PM] Deven: Did I do something? [29/08/18, 10:21:31 PM] Deven: We've been together for last 5 years! We have shared best moments of our lives.. have u forgotten everything? [29/08/18, 10:25:37 PM] Deven: Why are you not replying? [29/08/18, 10:25:44 PM] Deven: | know you still love me [29/08/18, 10:26:27 PM] Deven: But this Kavita is trying to separate us [29/08/18, 10:27:29 PM] Deven: She feels sad by looking at us together [29/08/18, 10:27:35 PM] Deven: She is jealous of you [29/08/18, 10:27:49 PM] Deven: Reply yaar [29/08/18, 10:28:00 PM] Deven: Why are you doing this to me? [29/08/18, 10:28:06 PM] Deven: What have | done? [29/08/18, 10:28:55 PM] Deven: Please pick the phone up! [29/08/18, 10:29:04 PM] Deven: We really need to talk [29/08/18, 10:29:24 PM] Deven: Things get worse if things are not clear [29/08/18, 10:30:39 PM] Deven: Just give me a reason, just a little bit is enough.. Just a second we are not broken, just bent And we can learn to love again [29/08/18, 10:32:44 PM] Deven: | am sorry | don't understand where all this is coming from.. | thought that we were fine.. your head is running wild again, my dear we still have everything [29/08/18, 10:42:04 PM] Deven: | guess this time you are really leaving.. well as my broken heart lies bleading. You say true love is suicide MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 Exhibit-G Lyrics of “Kaathal En Kaathal” with English Translation Kaathal En Kaathal Athu Kaneerula. (Oh Love Oh Love that's in the tears) Pochu Athu Pochu Ada Thaneerula. (It goes it goes in the water) Kaayam Puthu Kaayam En Ullukulla (wound, A new wound inside) Paalaana Nenju Ippa Veneerula. (milky soul now in boiling water) Adidaa Avala. Othadaa Avala. (Beat her , Kick her) Vidra Avala. Thevayae Illa. (Leave her, we don't need her) Ethuvum Purila. Ulagam Therila. (Can't understand anything, Can't understand the world) Sariyaa Varala. Onnumae Illa. (Didn't come the correct way, It's nothing) MEMORANDUM ON BEHALF OF THE PROSECUTION