Before

THE HON’ABLE DISTRICT COURT, DELHI

CIVIL APPEAL NO. : xxx

BETWEEN

THE DECEASED’S PARENTS……………………………...…… PLAINTIFF

V.

MR. MANOJ AND FAMILY……...…….………………….DEFENDANT

CASE FILED UNDER SECTION 304B, 306, 498A READ WITH SECTION 34 OF
INDIAN PENAL CODE

pg. 1 MEMORENDUM ON BEHALF OF THE DEFENDANT

 TABLE OF CONTENT

 LIST OF ABBREVIATIONS………………………………………pg. 3
 INDEX OF AUTHORITIES………………………………………. pg. 4
 STATEMENT OF JURISDICTION………………………………. pg.5
 STATEMENT OF FACTS…………………………………………. pg.6
 STATEMENT OF ISSUES………………………………………… pg.7
 SUMMARY Of ARGUMENTS…………………………………….pg 8
 ARGUMENTS ADVANCED……………………………………….pg 9
 PRAYER……………………………………………………………. pg11

pg. 2 MEMORENDUM ON BEHALF OF THE DEFENDANT

 LIST OF ABBREVIATIONS

Art. : Article

V. : Versus

Ex- : Example

IPC : Indian Penal Code

Sec : Sections

App : Appellant

Res : Respondent

IEA : Indian Evidence Act

pg. 3 MEMORENDUM ON BEHALF OF THE DEFENDANT

 INDEX OF AUTHORITIES

STATUTES

 Sec. 304B in The Indian Penal Code

 Section 306 in The Indian Penal Code
 Section 498A in The Indian Penal Code
 Section 34 in The Indian Penal Code
WEBSITES

 http://www.findlaw.com
 http://www.judis.nic.in
 http://www.manupatra.co.in/AdvancedLegalSearch.aspx
 http://www.scconline.com

pg. 4 MEMORENDUM ON BEHALF OF THE DEFENDANT

 STATEMENT OF ISSUES

ISSUE 1:
 WHETHER OR NOT LEENA WAS ILL-TREATED MY MANOJ AND
HIS FAMILY UNDER SECTION 498A AND 34 OF IPC?

ISSUE 2:
 WHETHER THE DEATH WAS A SUICIDE OR AN ACCIDENT?

ISSUE 3:
 WHETHER OR NOT, THE ACCUSED ARE GUILTY FOR DOWRY
DEATH UNDER SECTION 304B OF IPC.

pg. 5 MEMORENDUM ON BEHALF OF THE DEFENDANT

 SUMMARY OF THE ARGUMENTS

WHETHER THE DECEASED WAS ILL-TREATED BY MANOJ AND HIS

FAMILY UNDER THE SECTIONS 498A AND 34 OF IPC?
The Present case is not a case of Dowry death. As per the facts there is no clear evidence that
the deceased was ill-treated cruelly which has resulted in the death of the deceased.

This is also clear from the fact as deceased used to report the facts of ill treatment to her
parents who could not full fill the demands of accused family due to lack of money are just
vague statements and not evidence.

Thus, it can be concluded that deceased was not ill-treated by the accused and his family.

WHETHER THE DEATH WAS A SUICIDE OR AN ACCIDENT?

The death was not a suicide.

There was no evidence to prove that the deceased committed suicide. Though she was a
graduate, not a single letter was available to show that she had complained to her parents and
had committed suicide.

She sustained burns in the kitchen while cooking.

Thus, it can be concluded by referring above facts and the arguments that this was not a
suicide but an accident.

WHETHER OR NOT, ACCUSED ARE GUILTY FOR DOWRY DEATH

UNDER SECTION 304B OF IPC.
No the accused is not guilty under the section 304B which defines dowry death.

The requirement of dowry death stated under the same are not fulfilled in this case because,
as per the facts.

Only the death has occurred within seven years of marriage. Otherwise there is no proof the
deceased was treated with cruelty before her death in connection with dowry demand.

pg. 6 MEMORENDUM ON BEHALF OF THE DEFENDANT

 ARGUMENTS ADVANCED

 WHETHER THE DECEASED WAS ILL-TREATED BY MANOJ’S

FAMILY?
No, it cannot be said that the deceased was ill-treated, as per the information: -

A. The deceased made vague and omnibus allegations against every other family
member.

The statements made by her were just vague allegations all of them being allegations
of taunting, there are no allegations of perpetuating cruelty on her to compel her to
bring more dowry.
As otherwise her parents would have taken legal action but they did not. Instead, they
hoped for better days which prove that there was no such cruel treatment by her in
laws.

B. The witness i.e. the parents and relatives also had not seen the assault on the deceased
in their own eyes which could be understood from the facts given nor they had seen
any kind of torture inflicted to Leena in their presence.

They came to know about it only from the version of the deceased.

 WHETHER THE DEATH WAS A SUICIDE OR AN ACCIDENT?

1. In State of H.P. v. Nikku Ram 1the view expressed was that to bring a case within the
scope of Section 306 of the Penal Code or to prove a suicide there must be evidence to
suggest that there was some incitement or some instigation suggesting the deceased to commit
suicide.

Section 306 of IPC is as follow: -

“Abetment of Suicide- If any person commits suicide, whoever abets the commission of such suicide,
shall be punished with imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.”

In Chambers 20th Century Dictionary the word, "abet" has been defined to mean "to incite”

Lordships were pleased to hold that expression instigate in the Concise Oxford Dictionary is defined
as to "urge or incite, being about the persuasion"

1
1995 SCC (Cri) 1090

pg. 7 MEMORENDUM ON BEHALF OF THE DEFENDANT

And in Webster, Dictionary abet is defined as "urge forward, provoke with synonyms of stimulate,
urge, spur, incite, impel, encourage,

The word 'instigate' in common parlance would mean to urge forward or provoke, incite, or encourage
to do an act.

Here, as per the facts of the case no case for conviction under Section 306 IPC can be made
out or it cannot be proved that she committed suicide because there is no evidence based on
which the Court can come to a conclusive finding.

Simply because she was found to sustain burn injuries in kitchen, it cannot be held that
deceased had put herself on fire. Unless accidental fire is ruled out, the case of suicide cannot
be held to have been established beyond reasonable doubt.

Hence it cannot be said that the death was a suicide.

2. Demanding huge sums of money because non-fulfilment of terms of dowry by her

in laws does not at all prove any intention to abet her to commit suicide by any of her
in-laws.

If the deceased was so fed up of the ill-treatment she could have left her husband’s
house to live with her parents but she did not and stayed with her in –laws for almost
3 years suffering from the so-called ill-treatment.

Hence, labelling it as a suicide after 3 years from suffering the ill-treatment would not
be appropriate.

 WHETHER OR NOT, ACCUSED ARE GUILTY FOR DOWRY

DEATH UNDER SECTION 304B OF IPC.
Firstly, the parents of the deceased are also to be held guilty

A. According to Dowry Prohibition Act, Section 3 and Indian Penal Code, Section 498A
- Demand of dowry – In a case in which a Complaint was filed by wife under Section
498 IPC - It was also stated that her in-laws demanded dowry before marriage which
demand was met by her parents at the time of marriage which is same as to the given
facts.
It was Held that Where these kinds of allegations are made, the police should
simultaneously register a case under Dowry Prohibition Act against the parents of
complainant as well.

B. The declaration given by the deceased should not be considered as a valid evidence
under section 32 of The Indian Evidence Act, 1872(1 of 1872) because the court must
be satisfied beyond a reasonable doubt that the dying declaration is true and free from

pg. 8 MEMORENDUM ON BEHALF OF THE DEFENDANT

 any efforts to prompt the deceased to make a statement that could be coerced and
there is no legal implementation of such a declaration and it should not be considered
an evidence for the same.

A case associated with the following statement could be Kusa v. state of Orissa 2.

After going through the facts of the case it could be deduced that the statement given
by the deceased on her death bed is true and not coerced by her paternal family as
there was no need to give a second statement to the magistrate on the afternoon of 28th
February, 2007 when a statement was already recorded by a magistrate in the
morning.

2
AIR 1980 SC 559

pg. 9 MEMORENDUM ON BEHALF OF THE DEFENDANT

 PRAYER
WHEREFORE, premise considered, it respectfully prayed for that this Honorable Court that
Plaintiff’s prayer be DENIED for having no cause of action and the petition be DISMISSED
for being clearly unmeritorious.

Other just and equitable relief under the foregoing are likewise being prayed for.Respectfully
submitted

Defendant

…………………

THROUGH

Counsel

………………...

DELHI

Date:

pg. 10 MEMORENDUM ON BEHALF OF THE DEFENDANT