Académique Documents
Professionnel Documents
Culture Documents
V.
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TABLE OF CONTENTS
PRAYER ………………………………………………………………………………20
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LIST OF ABBREVIATIONS
& And
V.P. Vindhya Pradesh
AIR All Indiana Report
Anr. Another
IPC Indiana Penal Code
CrPC Code of Criminal Procedure
E.g. Example
Hon’ble Honourable
IPC Indian Penal Code
M.P. Madhya Pradesh
No. Number
Ors. Others
r/w Read with
Retd. Retired
S./Sec. Section
SC Supreme Court
SCC Supreme Court Cases
St. State
U.P. Uttar Pradesh
u/s Under Section
v. Versus
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LIST OF CASES
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23.Ranjit Singh v State of Punjab (2011) 15 SCC 285
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LIST OF BOOKS REFERRED
WEBSITES
www.courtnic.nic.in
www.manupatra.com
http://indiankanoon.org/
www.supremecourtofindia.nic.in
judis.nic.in
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STATUTES
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STATEMENT OF JURISDICTION
The counsel on behalf of the Appellant have endorsed their pleading before the Hon’ble
Supreme Court of Indiana under Article 136 of the Constitution.
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STATEMENT OF FACTS
The counsel on behalf of accused person would humbly submit before the Learned session
court that following are the facts of the present cases
Arundhati Roy (herein after referred to as deceased), a 23 years old earnest girl from a
middle-class background got married to Shikhar Singh who was a postmaster at the
local post office on 2nd May, 2016 under Hindu rituals.
Soon after the marriage, differences arose between deceased and her mother-in-law.
On 27th October, 2016 Sub inspector Tawde on receipt of information, found the body
of Arundhati (hereinafter referred to as deceased) in burnt condition.
The autopsy report postulates that death has resulted from severe burns thst accounted
for a total of 88% on the body of the deceased.
FIR was registered on 4th November 2016, in the name of Sareeta (herein after
referred to as PW1), mother of the deceased.
PW-1 deposed that her Son-in-law, Shikhar Singh(A-1) demanded huge sums of
money from her daughter on various occasions soon after the marriage.
She further deposed that the refusal by the deceased to concede to the demands of
Shikhar Singh(A-1) led to frequent altercations between the couple such that Shikhar
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verbally abused her in filthy language followed by his refusal to consummate the
marriage.
The letters written by the deceased to her father and the suicide note (from the spot of
incident) which had no mention about the dowry allegations were also recovered.
The charges against the appellants were framed under Section 498-A, 306 and 304-B
of Indiana Penal Code.
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ISSUES PRESENTED
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SUMMARY OF ARGUMENTS
The counsel on behalf of the accused would humbly submit before the Honourable Supreme
Court.
It is humbly submitted before the Hon’ble SC that, the Special Leave Petition filed by the
petitioner, Mr. Shikhar Singh and Others. is maintainable, as the decision given by the
Hon’ble High court was not proper and appropriate as the hon’ble high court failed to give
any proper and special reasons for the order and moreover the conclusions of the high court
are manifestly perverse and unsupportable from the evidence on record. Therefore, the
Hon’ble High court erred in misleading the evidence and the records. Secondly, the Hon’ble
court erred while deciding on the basis of complaint which was Prima-Facie does not
constitute any offence or make out the case alleged against the accused. The arbitrary and
hasty judgment of the trial court and The HC declaring the petitioners guilty under sec. 498A,
304B, 306 has resulted in miscarriage of justice and if the SC does not intervene, it will result
in gross injustice. The Hon’ble SC should therefore, applying its wide jurisdiction conferred
under Art. 136 of the Constitution of India, use corrective measures to correct the wrong done
by the decision of the HC of Vindhya Pradesh.
The counsel on behalf of the accused would humbly submit before the Honourable SC that
the charges framed under section 498A against the accused are completely bogus because -
a) there is no strong evidence that the deceased was subjected to cruelty of either
physical or mental nature by the accused. Other then the testimony of PW-3 there is
nothing that can establish that the deceased was subjected to any kind of cruelty after
marriage neither by her husband nor by her in-laws.
b) There is no hard evidence that can confirm any kind of harassment or coercion that
the deceased was subjected to, to meet any unlawful demand for property or any
other unlawful valuables.
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iii. WHETHER THE APPELLANTS SHOULD BE HELD GUILTY UNDER
SECTION 304B?
The counsel on behalf of the accused would humbly submit before the Hon’ble SC that, the
death of deceased, was not a dowry death as it does not meet the essential ingredient of
section 304B of IPC, 1860. As supra, there is no hard evidence that the deceased was ever
subjected to any kind of cruelty or harassment and no demand of dowry was ever made by
the husband or the in-laws of the deceased and if Any gifts, costly or otherwise, as exchanged
between the families is in accordance of the customary exchange of gifts and the settled law
does not tag such gifts as Dowry.
The counsel on behalf of the accused would humbly submit before the Hon’ble SC that, the
death of the deceased was a suicide and was not abetted by anyone. The suicide note written
by the deceased before her death neither mentions any kind of cruelty or harassment which
she was subjected to nor there was mention of any kind of demand for dowry from her
husband or in-laws. More over as supra there is nothing that can tie the accused to any kind
of cruelty or harassment or demands of dowry, which in completely excludes the scope of
abetment of suicide.
That, in conclusion, the SLP submitted on behalf of the accused in the SC of Indiana is
maintainable and the accused persons have wrongly been accused and convicted under
sections 498A, 304B, and 306 of the Indiana Penal Code of 1860 by the lower courts.
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ARGUMENTS ADVANCED
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