BEFORE THE

HON’BLE session COURT OF Bhopal

STATE OF Madhya Pradesh ….PROSECUTION

Mayank
Sahil
Vicky …..DEFENSE

(CRIMINAL APPEAL NO. …. /2017)

WRITTEN SUBMISSIONS ON BEHALF OF THE DEFENCE

COUNSEL APPEARING ON BEHALF OF THE DEFENCE

Table of Contents

1. LIST OF ABBREVIATIONS ..................................................................................... 3

2. INDEX OF AUTHORITIES ...................................................................................4-5

3. STATEMENT OF JURISDICTION……………………………..………….6

4. STATEMENT OF FACTS…………………………………………………7

5. STATEMENT OF CHARGES……………………………………………..8

6. SUMMARY OF ARGUMENTS…………………………………………...9

7. ARGUMENTS ADVANCED………………………………………...10-15

8. PRAYER………………………………………………………………….16
 LIST OF ABBREVIATIONS

Abbreviations Meaning

AII Allahabad High Court

AIR All India report
Cr.P.C Criminal Procedure Code
CrLJ Criminal law journal
Ed. Edition
HC High Court
IPC Indian Penal Code
Ors. Others
p. Page no.
SC Supreme Court
SCC Supreme Court Cases
Sec. Section
V Versus
W.B. West Bengal
 Index of Authorities

Statutes

1. Indian Penal Code 1860

2. Indian Evidence Act 1872
3. Criminal Procedure Code 1973

Books

1. Indian Penal Code 1860 By RatanlalDhirajlal

2. Criminal Procedure Code 1973 By RatnlalDhirajLal
3. Gaur,KD,Criminal Law:Cases and Materials,(6th Ed.2009)
4. II,Mitra,B.B.,Code of Criminal Procedure,1973(20th Ed.2006)
5. Gupte and Dighe,Criminal Manual(7th Ed.,2007)

WEBSITES:
1 http://www.findlaw.com
2. http://www.judis.nic.in
3 http://www.manupatra.co.in/AdvancedLegalSearch.aspx
4 http://www.scconline.com
STATEMENT OF JURISDICTION

The Hon‟ble Court has jurisdiction to try the instant matter under Section 177 of the Code of
Criminal Procedure, 1973, which reads as:-

177. Ordinary place of inquiry and trial. Every offence shall ordinarily be inquired into and
tried by a Court within whose local jurisdiction it was committed.

Read with Section 209:

‘ 209. Commitment of case to Court of Session when offence is triable exclusively by it- When
in a case instituted on a police report or otherwise, the accused appears or is brought before the
Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of
Session, he shall-
(a) commit the case to the Court of Session;

(b) subject to the provisions of this Code relating to bail, remand the accused to custody during,
and until the conclusion of, the trial;

(c) send to that Court the record of the case and the documents and articles, if any, which are to
be produced in evidence;

(d) notify the Public Prosecutor of the commitment of the case to the Court of Session
 Statement of facts

1. Aman Singh was born in a family of doctors in Indore. He was a brilliant student since
his childhood. He aspired to be a doctor just like his parents. After passing his 12th
boards with flying colours, he appeared for several medical entrance exams including
AIIMs. Despite the fact that he could not clear AIIMS he was still happy as he managed
to secure a seat in HMT Medical College, Bhopal, Madhya Pradesh. Filled with joy and
enthusiasm, he joined the college on 27th July 2012. He was given a hostel
accommodation with a roommate named Vicky Pandey, who was a rich businessman’s
son and had availed a paid seat. From the very beginning the two of them did not get
along very well as Vicky was an alcoholic and used to create a lot of ruckus after getting
drunk.
2. . Everything went well for the initial one month, as the seniors had not arrived. To check
the menace of ragging the administration, in its wisdom, kept the joining of the senior
students after one month. However, on their arrival it became a nightmare for the
juniors. The juniors were frequently ragged at every nook and corner of the college.
3. As time passed, Aman became friends with a second year student called Ragini who
used to help him out with his studies. Very soon, they became intimate with each other.
This did not go down well with the second years students. however, Ragini lost interest
in him and broke up with him. Aman could not bear this shock and became extremely
depressed. Now he also started drinking.
4. On the night of 28th August 2013 at 8:00 pm when Vicky, Mayank and Sahil were
sitting together and having alcohol Vicky in an inebriated state told his seniors that it
was Aman who had instigated the other students to complain against them. This enraged
the three of them and they decided to teach all the juniors, especially Aman, a lesson. At
9:00 pm the trio went to the single wing of the hostel and asked all the juniors to
assemble before them. After this they started beating up Aman. During the beating he
was given a severe blow on his ear and his head. However, the boy’s warden Mr. Chand
arrived on the spot and drove them away. They left the scene threating with dire
consequences. Next day, an inquiry was conducted qua the incident. Vicky, Mayank and
Sahil, fearing expulsion, went and apologized to Aman. Aman accepted their apology
and things became normal.
5. On 28th September 2013, Aman saw Ragini going out with another boy. He was
extremely distressed to see this. On 29th September morning, Aman was found hanging
in his room. His parents and the police were informed about the death. The police sent
the body for post-mortem examination and conducted
6. POST MORTEM REPORT
a. Eyes Bloodshot
b. Pupils Dilated
c. Skin Red in color with abrasion on the thigh and black eye
d. Blood Traces of opium found in the blood. Small bleeding sites on the lips, eyelids
and inside the mouth.
e. Neck ‘V’ shaped bruise on the neck and face bruised & rigor mortis of the muscles
f. Shoulder ( Scapula) Dislocated
g. Right for arm Radius and Ulna fractured
h. Second and third vertebrae injured
i. Adams Apple (Thoracic cartilage) Broken
j. Cause of death Asphyxiation
STATEMENT OF CHARGES

CHARGE 1:

Mayank Vicky &Sahil has been charged under section 302 , section 326 , section 34 of the
Indian Penal Code, 1860 for the crime of murder and voluntarily causing grevious hurt for to
Aman.

302. Punishment for murder.—Whoever commits murder shall be punished with death, or
1[imprisonment for life], and shall also be liable to fine.

326. Voluntarily causing grievous hurt by dangerous weapons or means—Whoever, except in the
case provided for by section 335, voluntarily causes grievous hurt by means of any instrument
for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely
to cause death, or by means of fire or any heated substance, or by means of any poison or any
corrosive substance, or by means of any explosive substance, or by means of any substance
which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by
means of any animal, shall be punished with 1[imprisonment for life], or with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine.

. SUMMARY OF ARGUMENTS

ISSUE 1: Whether or not, the accused are liable for murder under Section 300 IPC?

It is humbly submitted before the Hon’ble Court that the accused is not guilty of murder as the
mere fact of the presence of accused on the crime scene is not a strong evidence to prove the
guilt of murder. Furthermore the issue as to whether or not he had committed the actus reus must
be put into question as there is no eye witness, also the direct evidence has several infirmaries
and inconsistencies. Hence the crime of murder cannot stand against the accused.
ARGUMENT ADVANCED

ISSUE 1: Whether or not, the accused are liable for murder under Section 300 IPC?

It is humbly contended before this Hon’ble Court that accused (hereinafter to be referred
to as the ‘accused’) are not guilty of the offences under Sec. 300/302 of the Indian
Penal Code, 1860 (hereinafter referred to as the ‘IPC’). In the matter at hand, it has been
wrongfully alleged that the accused have committed murder.

A person is guilty of murder if he intentionally causes the death of a person or causes

such bodily injury as he knows, is likely to cause death of that person or causes such
bodily injury, which in the ordinary course of nature results into death or commits an act
so dangerous that it must, in all probability cause death of that person.1 The defence
humbly submits that both actusreas and mensrea are not established in the concerned
case.

No clear evidence of presence of accused at the given place.

In the given case there is no clear evidence of presence of accused at the given place each
one of them was present at different places when the event was taking place. Mayank and
Sahil claimed that between 10 pm to 1 am they had gone to watch a late night matinee
show in the nearby Elantra Mall which was just 1.5 K.M away from the hostel. They
even produced multiplex tickets to substantiate their claim. Vicky, on the other hand,
claimed that he was in the library from 9 pm to 12 pm. He showed the library register as a
proof of his presence in the library. Their cell phone location was also at ellantra mall at
the time of the event.

Thus the event is unconnected with the defendants.

Also as a matter of fact if they had committed the act then they wouldn’t have returned
to the same spot in order to inform the authorities that aman has died.

Statement of guard unreliable

The statement of guard that has been relied as the important statement is too inconclusive
as he was unable to identify all the people who have entered the premises of single wing
where all the juniors were staying.

1
Sec 300, IPC
 Also In the post mortem report the time of death was determined to be between 11 pm to
12 am. According to guard , the unidentified men entered the premises at 11 35 pm and
exited around 12 30 am the facts don’t add up as why would one stay for such a long time
after committing such an act .And also it is seen from the very circumstantial evidence
that no signs of forced entry could be traced.

Also beating up of Aman would have caused noise and commotion in the entire hostel
which wasn’t heard by anyone there . This has been considered as an important argument in the
Ayesha Meera murder case in which the accused was acquitted .

Post-mortem report
It is very clearly given in the Post Mortem report that death is caused Asphyxiation and
Thoracic cartilage was also found broken which are clear signs of suicide by hanging

Charging of section 326 is irrelevant

As far as section 326 is concerned there are no traces or proof of use of a dangerous
weapon at the place of event thus this section is irrelevant , as no ,murder weapon has
been recovered from the given crime scene / or circumstantial evidence .
 Circumstantial evidence
To prove the act of murder direct evidence or an unbreakable chain of events has to be
established as the punishment given under the section is heinous and a person if an
innocent person is proved guilty of an offence he has not committed then that would
break the very concept of law.
But no chain of events could be established in the given case as no anaogy coud be drawn
from the given set of facts as to be seen in the given case.
It has been laid down in the case of Reddy Sampathkumar v. State of A.P.2
“circumstantial evidence conviction on the basis of pre-requisite for- held, the said
evidence must be complete and incapable of explanation on any other hypothesis except
that of the guilt of the accused and such evidence should not only be consistent with the
guilt of the accused but should be inconsistent with his innocence.”
Strong motive to cause the death has to be established.
Where the case arose out of an acute faction and witness examined are all interested, the
evidence of the witness has to be scrutinized with great care and caution and should be
examined in the light of the earliest report, the medical evidence and other surrounding
circumstances.

2
S.L.P.(Crl.)No.165/2005
Identifying these very essentials and evidences police initially termed this act as suicide
& did not book any of the accused for murder.

Thus with no contention of murder being proved beyond reasonable doubt the accused
doesn’t fill any and essentials required to commit the murder hence this does not amount
to murder under the said provisions of this act.
 PRAYER

Wherefore, in light of the issues raised, arguments advanced and authorities cited, may this
Hon‘ble Court be pleased to:

1. Acquit all the three accused of the offence of committing murder under Sections 300/302
Section 326, & section 34 of the Indian Penal Code, 1860.

AND/OR

Pass any other order it may deem fit, in the interest of Justice, Equity and Good Conscience.

All of which is most humbly and respectfully submitted

Place: Bhopal S/d_____________

COUNSEL FOR THE DEFENCE