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Memorandum For The Prosecution
Memorandum For The Prosecution
TEAM CODE: J5
BEFORE THE COURT OF SESSIONS
ZELHI
S.C. No. 11/2016
STATE OF ZELHI
(PROSECUTION)
Vs.
SHAWN MICHAELS
RIC FLAIR
& JOHN CENA
(DEFENCE)
TABLE OF CONTENTS
List of Abbreviations..3
Index of Authorities4
Statement of Jurisdiction.7
Statement of Charges.8
Statement of Facts.9
Arguments Advanced.11-27
CHARGE 1
WHETHER OR NOT MR. JOHN CENA, MR.SHAWN MICHEALS AND MR. RIC
FLAIR ARE GUILTY OF MURDER UNDER SECTION 302 r/w SECTION 34 OF THE
IPC?
CHARGE 2
Prayer.. 28
LIST OF ABBREVIATIONS
AIR
Paragraph
All India Reporter
2
Bom
Cal.
Cr LJ
Cr.
Mah LJ
p.
Punj
SC
SCC
SCW
INDEX OF AUTHORITIES
Books:
BRYAN A. GARNER, Blacks Law Dictionary, 7th Edition, West Group, USA (2002)
Dr. B.R. SHARMA, Forensic Science in Criminal Investigation & Trials, 5th Edition,
Universal Law Publishing Co. Ltd., (2014)
Cases
State of Maharashtra v. Kalu Shivram Jagtap and Ors, 1980 Supp. SCC 224
Anant Chantman Lagu v. The State of Bombay, A.I.R. 1960 S.C. 500
Bhupinder Singh vs State of Punjab, 1988 AIR 1011, 1988 SCR (3) 409
Sharda E. Chand Sarda v. State of Maharashtra, SCR 88 A.I.R. 1984 S.C. 1622
Adam Bhai Suleman Bhai Ajmeri Vs State of Gujrat 2014 (7) SCC 716
STATEMENT OF JURISDICTION
The Honble Court has jurisdiction to try the instant matter under Section 177 read with Section
209 of the Code of Criminal Procedure, 1973.
Section 177:
6
STATEMENT OF CHARGES
CHARGE 1
That John Cena, Ric Flair & Shawn Michaels have been charged for Murder under Section 302
of Indomainia Penal Code
CHARGE 2
7
STATEMENT OF FACTS
1.) Zelhi is one of the biggest states in terms of population and area as well as richest in
terms of Uranium resources in Indomania. Also it has the biggest nuclear power plant in
the world. In the year 2000, the state experienced violent riots in which the richest
industrialist, Mr. John Cena was alleged as the chief architect of these riots, although
there was no concrete evidence against him. Also, he has been alleged in many corrupt
practices because of which CBI has been on his tail. Mr. Cena is the co-partner with Kane
ARGUMENTS ADVANCED
ISSUE I: WHETHER OR NOT MR. JOHN CENA, MR.SHAWN MICHEALS AND MR.
RIC FLAIR ARE GUILTY OF MURDER UNDER SECTION 302 rw SECTION 34 OF
THE IPC
To understand the charge of murder, the prosecution shall elaborate on ingredients which fall
under section 300 and link them to the case at present.
300. Murder1.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
1 Section 300 Indian Penal Code 1860
10
2 D. Ormerod, Smith and Hogans Criminal law, 9thEdition, Oxford Press Publishers, New Delhi (2009)
p. 437
3 Shamsul Huda, Principles of Law of Crimes, State Mutual Book & Periodical Services Ltd, (1982) p.
170
11
1.1.2 Motive
It is contended that as evidence, motive is always relevant. Motive may be relevant to proof
and the prosecution may prove the motive for a crime if it helps them to establish their case,
as a matter of circumstantial evidence.6
However, it must be noted that unless the act done constitutes a murder by reason of the
intention, with which it is found to be done, the court need not consider the exceptions.7
1.1.3: Chain of events enunciating intention
In the present case, the following chain of events enunciates both intention and motive of
Accused No. 1 to commit the aforesaid offence
The accused Mr. John Cena, hereinafter referred to as DW1had access to PO-210 as he
was the sole authorized distributor of the element in the whole of Zelhi. Furthermore he
had the requisite knowledge about the effects of PO-210 as his company, GRM, handles
distribution of the 90% of the whole of the element found in the state.
All the 3 accused were suffering huge business losses due to the policy of the ban on sale
of liquor. DW1 suffered a loss of 105 Crores Profit per month due to this ban and had a
liquor shipment worth Rs.42 Crore sitting outside Zelhi due to this ban.
Mr. DW1 has been alleged to have had feuds with the deceased in the past over various
issues.
The accused DW1 had often intimated to the brother of the deceased, Mr.Kane Lannister
12
13
11 (2008 ) 2 SCC
14
15
1.2.: That the accused are guilty of murder under section 300 thirdly
All four conditions enumerated under s.300 IPC may not necessarily co-exist, so as to prove an
offence of murder. It would be sufficient for the prosecution to establish any one of the
conditions enumerated under s.300, IPC against an offender, for punishing him for an offence of
murder.13
Where intention to kill the deceased is established and medical evidence shows that injuries
caused by the accused were sufficient in the ordinary course of nature to cause death, the case
squarely falls under section 302, IPC14
As held in Kesar Singh & Anr vs State Of Haryana15 and In Virsa Singh vs. State of Punjab16
It was observed that the prosecution must prove the following facts before it can bring a case
under Section 300, thirdly.
13 Salim and Ors v. State of Rajasthan, 1999 CrLJ 1419 (Raj) (DB)
14 State of Maharashtra v. Kalu Shivram Jagtap and Ors, 1980 Supp. SCC 224
16
17 http://www.santoshraut.com/forensic/toxicology.htm
18 http://www.cdc.gov/nceh/radiation/fallon/Polonium_factsheet.pdf
18
19
20
26
Ibid
22
Thus, under Sec.120A, IPC, Criminal conspiracy is defined as when two or more persons agree
to do or cause to do;
a) There must be an agreement between the persons who are alleged to conspire; and
23
31
Yakub Abdul Memon v. State of Maharashtra, 2013(13) SCC 1
32
Ibid
33
Section 10, Indian Evidence Act
34
K.R Purushothaman V. State of Kerala 2005 (12) SCC 631
35
Supra 5
25
41
Section 34, Indian Penal Code.
42
Mohd. Usman Mohd. Hussain V. State of Maharashtra, AIR 1981 SC 1062
43
KeharSimgh V. State (Delhi Admin) (1989) Cr LJ 1
27
44
Queen Empress V. HosNak, 1941 ALJR 416
45
Adam bhai suleman bhai ajmeri Vs State of Gujrat 2014 (7) SCC 716
46
RishideoPande V. State of Uttar Pradesh, AIR 1955 SC 331
28
PRAYER
Wherefore, in light of the issues raised, arguments advanced and authorities cited, may this
Honble Court be pleased to:
Charge John Cena, Ric Flair & Shawn Michaels from the charge of criminal conspiracy
under section 120B of IPC.
Charge John Cena, Ric Flair & Shawn Michaels from the charge of Murder under
section 302 of IPC.
Charge John Cena, Ric Flair & Shawn Michaels from the charge of Common Intention
under section 34 of IPC.
AND/OR
47
Nazir V. Emperor, AIR 1948, All 229
48
Section 118, Indian Evidence Act.
29
Pass any other order it may deem fit, in the interest of Justice, Equity and Good
Conscience.
Place: Zelhi
Date:
S/d_____________
COUNSEL FOR THE PROSECUTION
30