Manipal First Virtual Trial Advocacy Competition 2021

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Manipal National Trial


1
Advocacy Competition 2021

16th, 17th & 18th April 2021

Organized by LexLawgical,
School of Law, Manipal University, Jaipur
About The Event

The organizers of the event recognized the need of a virtual platform at this time
of Pandemic, where law students can be a part of a platform where they can draft,
plead and showcase their advocacy skill.
This Competition is conceived with the aim of promoting & developing skills
about the procedure followed by Trial Courts and testing the knowledge of the
law students across the nation.
The organizers are positive that the participants will show zeal and enthusiasm in
this event and will get to experience powerful arguments from the law students
who are on the path of becoming the established advocates of coming time.
About The Organizers

1st National Trial Advocacy Competition organized by

School of Law, LexLawgical,


Manipal University Jaipur Manipal University Jaipur
About The University
Manipal University Jaipur

Manipal University Jaipur (MUJ) was launched in 2011 on an invitation from the
Government of Rajasthan, as a self-financed State University. MUJ has redefined
academic excellence in the region, with the Manipal way of learning; one that
inspires students of all disciplines to learn and innovate through hands on practical
experience.

The multi-disciplinary university offers career-oriented courses at all levels, i.e.,


UG, PG and doctoral and across diverse streams, including Engineering,
Architecture, Planning, Fashion Design, Interior Design, Fine Arts, Hospitality,
Humanities, Journalism and Mass Communication, Basic Sciences, Law,
Commerce, Computer Applications, Management, etc. Some PG programmes are
also available in the research mode.

MUJ boasts of best-in-class infrastructure, including state-of-the-art research


facilities and a modern, digital library. In line with Manipal University's legacy of
providing quality education to its students, the campus uses the latest in
technology to impart education.
About The Department
School of Law
Manipal University Jaipur
Manipal University Jaipur (MUJ) is Rajasthan's First NAAC A+ accredited
institution with a special emphasis on research and interactive teaching with the
strength of 9000 students.
School of Law started in year 2014 has grown in leaps and bounds and have a
strength of 700+ students at present.
The Manipal University Jaipur forayed into the field of legal education by
introducing Integrated BA, LL. B (Hons), Bachelor of Law (LL. B), Master of Law
(LL. M), and PhD programs in study. As an institution of excellence School of Law
is dedicated to fostering and inculcating the intellectual and ethical values in the
students.
The School of Law is committed to the evolution of law as an instrument of social
change, efforts are being made to expose students to practical realities.
The teaching methods adopted for the programs offered involve lectures,
discussions, case studies, Moot Courts and project work that will facilitate students
to promote multi-disciplinary inquiry and practical appreciation of problems.
The School has been approved by BAR Council of India.
About The Department

School of Law
Manipal University Jaipur

OBJECTIVES OF THE SCHOOL


• To promote legal awareness in society for attaining social and economic
injustice
• To undertake study and training projects relating to law, legislation and judicial
institutions
• To organise advanced studies and promote research in all branches of law
• To promulgate legal knowledge and legal processes by organising extension
lectures by eminent legal experts, seminars, group discussions, debates, moot
courts, court visits, internships etc.
• To promote cultural, legal and ethical values with a view to foster the rules of
law and its judicious applicability.
About The Club
LexLawgical,
School of Law,
Manipal University Jaipur

“LEX LAWGICAL” is a term that describes law in its logical form. It is a society
of law students affiliated to School of Law, Manipal University Jaipur (MUJ),
with a vision of making people aware about their basic laws and increasing their
knowledge by organizing activities.

OBJECTIVES
The other objectives are to encourage the students in making the functioning of
School of Law smooth and hassle free and generate a positive attitude towards
other students and faculty members and staff of School of Law (MUJ). It is also to
develop critical thinking and soft skills of students. The aim is not just to develop
a great law student of today but to be the best advocate for future.

VISION
Making people aware about their basic laws and increasing their knowledge by
organizing activities.
Message from
Director SoL, MUJ

It is with great pleasure that we announce the 1st


National Trial Advocacy Competition organized
by LexLawgical, School of law, Manipal
University Jaipur. Here at School of Law, we
strive to build our students into future advocates.
Our teaching methods include lectures,
discussions, case studies, Moot Courts and
project work that will facilitate students to
promote multi-disciplinary inquiry and practical
appreciation of problems. Through the efforts of
our top faculty, we meet everyday challenges and
make the legal experience of every student finer
and impeccable. We believe there is no better Prof. (Dr.) Vijaylaxmi Sharma
way to promote legal knowledge than a national- Director & Head,
level advocacy competition and therefore, we School of Law
invite students from all around India to Manipal University Jaipur
participate and gain understanding of various
laws.
Message from
Faculty Coordinator

In the past few years, we at School of Law,


Manipal University Jaipur have taken
several initiatives to enhance the intelligence
of legal students around the world, and we
are absolutely pleased to introduce the 1st
edition of National Trial Advocacy
Competition, specifically designed to test the
advocacy skills of students and help them
develop a fine tune ability of oratory and
persuasion skills. This competition aims at
holistic evolution of students and we are
looking forward to hosting you from 16-18th Mr. Amit Yadav
April 2021. Assistant Professor (Senior Scale)
Manipal University Jaipur
Preface

1.1. The LexLawgical Club, School of Law, Manipal University Jaipur is hosting
1st National Trial Advocacy Competition, 2021 in accordance with the procedure
of the Trial Court in India.

1.2. The Competition has been conceived with an aim of creating awareness
Criminal Law Jurisprudence and providing a platform for development of
advocacy skills which shall further the interest of justice in the domain of
Criminal Law. We aspire to make this contest, a success and boon for the law
scholars, especially in times like these of Covid-19.

1.3. 1st National Trial Advocacy Competition, 2021 is scheduled to be held online
via “Google Meet” / “Zoom” platform from April 16,2021-April 18, 2021
Participation & Eligibility
I. ELIGIBILITY
Students pursuing 3-Year LL.B. Degree Course or 5-Year Integrated LL.B. Degree
Course and LL.M. Degree Course from the colleges recognized by Bar Council of
India are eligible to participate in the competition.

II. TEAM COMPOSITION


a) The maximum number of participants per team shall be restricted to 3 wherein
2 member will be Speakers and other 1 member will be researcher. And witness
will be provided to teams by organizers by draw of lots.
b) Only the Participant who is a Speaker in all the three Preliminary, Quarter-
Final, Semi-Final and Final Rounds shall be eligible for the award of the Best
Speaker.
c) The identity of the team [name of the Law College / School / University] must
not be disclosed to the Judges as well as to the other Participating Teams. Any
such disclosure shall lead to disqualification.
d) The substitution of any member is not allowed except with the prior approval of
the NTAC Administrators.
e) Each team will be provided with a unique team code by draw of lots during the
orientation. The identity of the teams shall not be disclosed at any stage, such
disclosure shall invite penalties including disqualification. The decision for the
same shall be at the discretion of the NTAC Administrators.
Language of Competition
The competition shall be organized and conducted in English language.

Dress Code for Competition


• A participant appearing as Advocates before Trial Court shall wear a black
coat, white shirt, black pant, white / black Salwar Suit and, which shall be
sober and dignified.
• Provided that the participants are prohibited from disclosing the College
Logo OR ID card in the dress.
• The dress code of witness students shall be in smart casual, according to the
character of witness.
Registration for Competition

• The Registration fee (per team) for the said competition is Rs. 1000/- (One
Thousand Only).
• Registration fee is to be submitted through Paytm at - paytm.me/muj_inhouse
• Registration Link : Click Here To Register
• Forms received after the deadline shall not be considered.
• The registration fees is non-refundable.
• The registration of a team will be considered as complete, once the registration
fees is paid and the registration form i.e., through google form, with all
necessary details is received.
• Once the registration form is filled, a confirmation mail will be sent to you
within 72 hours of your registration
• The teams will be allotted their team code via e-mail
• No change in the names of the participants shall be permitted after the receipt
of the Registration Form, except at the sole discretion of the Administrators
• The registration for the said competition begins from 24th February ,2021 from
09:00 A.M. onwards
• The last date to register for competition is 28th March 2021.
Steps for Payment

How to Pay:

Step 1- Select your institute as "Manipal University Jaipur“

Step 2- Go to OUT - HOUSE Club Payment on "Select your Institute's area".

Step 3: Mention "LexLawgical" in club's name.

Step 4: Write down your name and other details before proceeding with the
payment.

Step 5: After the payment is successful attach the screenshot in the registration
form.

For any payment related queries, feel free to contact +91 94145 63722.
Rules for Competition

i. The Language of the written and oral arguments shall be in English.

ii. The participants shall have to prepare the case for Examination in Chief and
Cross Examination of witnesses from both Prosecution & Defence side and
prepare their arguments from both sides. Examination in Chief and Cross
Examination shall only be conducted orally, and no written submissions
required for the same.

iii. The competition comprises of Preliminary Rounds and Advanced rounds


which would include the Quarter-Final Rounds, Semi–Final Rounds and the
Final Rounds.

iv. Each Team would not face the same team in the preliminary rounds, nor
would the same bench judge the same team more than once in the
preliminary rounds.
Clarifications

i. Each team may make a formal request to the Organizing Committee for
clarifications regarding the facts stated in the Problem. Clarification requests
should comprise of clearly stated questions concerning facts of the case.
Provided that the participants are prohibited from asking any “leading
questions” in respect of the compromis.

ii. The deadline for requesting clarifications will be till 2nd April 2021 . No
requests for clarification received after the deadline will be accepted.

iii. The clarifications are to be mailed at mujtrialadvocacycomp@gmail.com


Memorial for Competition
i. Each team must prepare memorials for the Prosecution, the Defense.
ii. The Cover Page of each memorial must contain the following information:
a) The Team Code should be mentioned in the upper right-hand corner.
b) Name of the Competition.
c) Name of the Case [Name of the Parties].
d) Party for which the Memorial has been prepared.
e) Name of the court where case is brought.

Format of the Memorial


➢ Typing Of Memorial Should Be As Per Specifications Given Below:
A. Paper Size - A4
B. Font Size - 12
C. Font Type - Times New Roman
D. Line Spacing - 1.5
E. Margins - 1 Inch On Each Side

➢ Specifications For Foot Notes Are Given Below:


1. Font Size - 10
2. Font Type - Times New Roman
3. Spacing – 1
Guidelines for Memorial

1) Memorials once submitted shall not be returned back to the participants in any
case nor shall any amendment shall be allowed after submission of the memorials.
2) Memorials shall be submitted in the following format and in the given sequence.
a. Title page (1 page)
b. Table of contents (1-2 page)
c. Index of Authorities along with Bibliography (1 or 2 page)
d. Statement of Jurisdiction (1 page)
e. Statements of Facts (1 or 2 pages)
f. Statement of Issues (1-2 Page)
g. Summary of Arguments (1 or 2 pages)
h. The Arguments Advanced (not more than 20 pages)
i. Prayer Clause (1 page)
j. List of Witness ( 1 Page)
3) Memorials should be typed & attached with soft cover, in Blue Colour
Prosecution and Red colour - Defence.
4) The soft copies of the memorials must be emailed to
mujtrialadvocacycomp@gmail.com and the subject of the mail should be marked
as “Memorial Submission by Team Code__ for 1st National Trial Advocacy
Competition, 2021” by April 8, 2021 (Tuesday) before 11:59 p.m. IST (2359
hours).
Guidelines for Memorial

5) The soft copy of the memorial for each side shall be a single file (All parts of
each memorial must be in a single document i.e.; Separate Ancillary Pages and
Arguments in Detail are NOT allowed) and should be sent in both PDF (*.pdf) and
MS – Word (*.doc / *.docx) versions. The memorial for the Prosecution, the
Defense and the Victim(s) should be sent in the same first mail.

6) Soft copy of Memorials submitted after the stipulated time i.e., April 8 ,2021
before 09:00 p.m. IST (2100 hours) will attract a penalty of Five (5) marks for
each hour of delay and Ten (10) marks for delay of each next day i.e. [from April
9, 2021 12:00 p.m. IST (0000 hours)]. The Memorials will only be accepted till
09:00 p.m. IST (2100 hours) on April 8 , 2021.

7) The memorials should not contain the name of the participating Law College /
School / University, name of the participants, name of the country of the
participating Law College / School / University or any identification in any part
thereof. Also, no logo or any mark of identification should be made in the
memorials. Non-compliance with this rule will lead to immediate disqualification.
Rounds of Competition

i. The competition shall run in four rounds, i.e., Preliminary 1st & 2nd,
Quarter-Finals, Semi-Finals and the Final Round.

ii. All the rounds except Preliminary round shall be the Knockout rounds.

iii. In Preliminary 1 and Preliminary 2, all teams shall present their case before
the trial court from both the sides, respectively. Further, the NTAC-
Administrator will initimate prior to one day before the competition in
respect to the team representing in the preliminary round.

iv. Top 8 teams from Preliminary rounds shall qualify to the Quarter-Final
Rounds.

v. In deciding the teams for the advanced rounds , the following procedure will
be followed:
a) Teams with the highest number of score in Preliminary Rounds (including
both Preliminary 1 and Preliminary 2).
b) If in any case ties exist, then the marks of the memorial for the
Competition shall be compared to determine the ranking inter se.
Witnesses

i. The witnesses will be generally briefed by the Organizers. All the


participating teams will ensure that the witnesses depose in Language legible
to them.

ii. It is mandatory for the Prosecution and the Defence to examine ALL the
witnesses and dropping a witness will result in loss of marks. However, the
order in which witnesses are to be examined shall be determined by the
concerned team taking examination in chief.

iii. The team conducting examination in chief of their witnesses or the team
cross-examining the witnesses will desist from arguing with the witnesses.

iv. The organizers for the event shall provide two witnesses, of which any one
witness can only be called by the Speakers.
Time Limit / Schedule
PRELIMINARY ROUND
i. The total time of the Preliminary Round shall be 01 hours & 45 minutes.
ii. This time shall include the time for Reexamination of witnesses by
Prosecution and Defence, which will be allowed only on prior permission
from the judges in that courtroom.
iii. Passing of notes to the speaker will not be allowed during the virtual
competition.
iv. The time division shall be done as follows:
Opening Statement on Behalf of the Prosecution 07 Minutes
Opening Statement on Behalf of the Defense 07 Minutes
Examination in Chief by the Prosecution 15 Minutes
Cross Examination by Defense 15 Minutes
Examination in Chief by the Defense 15 Minutes
Cross Examination by Prosecution 15 Minutes
Closing Statement by Prosecution 07 Minutes
Closing Statement by Defense 07 Minutes
Rebuttal 05 Minutes
Sur-Rebuttal 05 Minutes

* Note that the total time can be adjusted on


the discretion of respected courtroom Judge.
Time Limit / Schedule
ADVANCED ROUNDS
i. The total time of the Advanced Rounds shall be 02 hours & 30 Minutes.
ii. This time shall include the time for Reexamination of witnesses by
Prosecution and Defence, which will be allowed only on prior permission
from the judges in that courtroom.
iii. Passing of notes to the speaker will not be allowed during the virtual
competition.
iv. The time division shall be done as follows:
Opening Statement on Behalf of the Prosecution 10 Minutes
Opening Statement on Behalf of the Defense 10 Minutes
Examination in Chief by the Prosecution 20 Minutes
Cross Examination by Defense 20 Minutes
Examination in Chief by the Defense 20 Minutes
Cross Examination by Prosecution 20 Minutes
Closing Statement by Prosecution 10 Minutes
Closing Statement by Defense 10 Minutes
Rebuttal 05 Minutes
Sur-Rebuttal 05 Minutes

* Note that the total time can be adjusted on


the discretion of respected courtroom Judge.
Marking

• Memorial Marking

S. No. Marking Criteria Marks Allocated


1 Articulate use of facts 10
2 Use of Law 10
3 Originality of thought 10
4 Grammar and Style 05
5 Correct format and citation 05
6 Use and extent of Research 10
Total: 50
Marking
• Oral Pleadings Marking
S. No. Marking Criteria Marks Allocated
1 Appreciation and application of facts 10
Application of Legal Principles/Questions on legal
2 10
principals
3 Use of Authorities and precedents/suggestive questions 10
4 Presentation skills 05
Clarity of thoughts and logical structure of
5 10
arguments/Questions
6 Poise and Demeanour 05
7 Strategy 05
Knowledge of laws on logical and circumstantial
8 10
questions
9 Response to Court Questions 10
10 Ability to elicit favorable facts from witnesses 10
Ability to successfully conduct the examination in chief &
11 15
cross examination in time
Total: 100
Case Compendium
or
Authorities Booklet

i. Any case law or any other relevant material which the team may wish to rely
on at the time of final arguments may be submitted to the judges in the form
of an e-compendium.

ii. Such an e-compendium should bear a cover page containing only the team
code and representation.

iii. Such an e-compendium should not bear the name of the institution and failure
to do the same shall result in immediate disqualification.

iv. Participants should mail their e-compendium at


mujtrialadvocacycomp@gmail.com
Technical Guidance
i. Participants are required to make proper network connections which could
support the virtual competition without any hindrance.
ii. The event will be organized at Google Meet application and the access of the
competition will be provided before time; it is humbly requested to make
preinstallation of the application before the commencement of the event to
avoid further delay.
iii. In case of any issue regarding connectivity the participants are free to contact
any member of the Organizing Committee.

Penalties
i. Where on receipt of a complaint or otherwise NTAC Administrator has
reason to believe that any participant in the Competition has been guilty of
any offence or other misconduct, it shall refer the case for disposal to the
NTAC -OC.
ii. Any Participant who withdraws from the competition at any stage, for any
reason, shall be strictly punished in accordance with the declaration form
signed by him/her. The registration fee shall not be refundable.
Anonymity

i. Student Counsel may introduce himself/herself to the court in the usual


manner and may also state their speaker code. However, the team's college
name shall not be indicated to the judges at any time.

ii. All team members must refrain from disclosing the identity of their institution
at any time and in any manner, during the course of their participation in the
competition.

iii. However, during the course of their Oral Rounds, the speakers may state their
name along with their team code; however, any reference to Caste, Creed,
Religion or Place must be restricted.

iv. Teams must take special care while referring to written material, as the same
should not indicate any reference to their institution.

v. Non-Compliance with this rule may result in immediate disqualification of


the team.
Inspection of Scoresheets

i. Each team will be provided with the scanned copies of the Oral Rounds score
sheets within 10 days of the completion of the Competition through email.
ii. Irrespective of the stage of the competition, no team will be given access to
score sheets concerning matches in which the said team was not involved.

Miscellaneous
i. If any one of the members of a team is notified or informed of any detail or
information concerning the Competition, it shall be deemed as if the said
team as a whole has been duly notified or informed.
ii. The Problem for the Competition is neither intended to nor does it attempt to
resemble any incident or any person, living or dead. Any such resemblance is
purely coincidental. The problem is a fictitious factual account prepared for
the present Competition only and it does not attempt to influence or predict
the outcome of any matter whatsoever.
iii. The Organizers reserve the right to amend, alter, vary or change, in any
manner whatsoever, the Rules governing the Competition, which would be
communicated to the teams within a reasonable time.
Trial Advocacy Problem
1. Alam, an adult male aged about 19 years is a resident of Plot No. 69, Laxminagar,
Prayag Shehar.
2. Four days prior to the present day, Salman, Adnan, Dinesh and others were
fighting unknown people near Babu’s Shop. Alam heard the people quarrelling and
arrived at the scene of incident and intervened.
3. On the present day, i.e., 21.02.2021, at around 7:30 pm in the evening, at the street
of Metrajan Shop, Alam, Raja and Avinash were standing with their friends. After
a while, out of nowhere (“Accused”) i.e., Ramesh, Suresh, Mukesh, Adnan and
Salman along with 15 other people arrived at that said place on motorcycles and
immediately upon reaching, they started beating Alam, Raja and Avinash. On
hearing the loud noises of them quarrelling and shouting the complainant
immediately ran towards the scene of crime. When the complainant reached the
place of incident, he found out that Ramesh, Suresh, Mukesh, Adnan and Salman
were assaulting Alam. Tarnum a.k.a Tannu also reached the crime scene.
4. As soon as the complainant reached the place where crime was being committed,
he witnessed that Suresh, Mukesh and Adnan had stabbed his brother Alam
(Victim/Deceased) with a sharp knife multiple times and Raja and Avinash were
also injured in the incident.
5. After hurting Alam, Raja and Avinash, the Accused fled the place of incident
on their motorcycles.
6. The complainant took Alam to LML Hospital where the victim was declared
dead on arrival by the doctors after examination.
7. The body of the deceased (Alam) was sent for post mortem and the medical
experts opined that the cause of death was shock brought about as a result of
antemortem injury No. 8, associated with injury No. 9, individually and
cumulatively sufficient to cause death in ordinary course of nature. Secondly,
all the injuries were antemortem in nature and were caused within and around
24 hrs. prior to post mortem examination. Lastly, injury No. 1, 2, 3, 4, 5, 6 and
7 were caused by blunt weapon and injury No. 7 and 8 were caused by sharp
weapon, double edged.
8. During the investigation various articles including sharp edged knife,
motorcycles and blood-stained clothes were recovered from the accused.
9. Pertaining to the information as mentioned hereinabove an FIR was recorded
against Ramesh, Suresh, Mukesh, Adnan, Salman and 15 other unknown people
for committing the offences under Section 302, 323, 324, 147, 14, 149, 336 and
427 of IPC and under Section 4/25 of Arms Act.
10. Details of properties/ Articles/Documents recovered/Seized during
Investigation and relied upon : including sharp edged knife, motorcycles, and
blood-stained clothes.
CHARGE SHEET
(Under Section 173 Cr.PC.)
IN THE COURT OF ……………………………………
State V/s
•Name of the Branch: Laxminagar, Prayag Shehar
F.I.R. No.
Year: 2021
Date: 21.02.2021
•Final Report/Charge Sheet No
•Date
•Section(s) of Law: 302,323,324,147,14,149,336,427, IPC and 4/25 Arms Act.
•Type of Final Report
•If Final Report Uncured False/Mistake of fact/Mistake of law/ Non-
Cognizable/ Civil Nature
•If charge sheeted original/Supplementary
•Name of Investigating Officer
•Name of the Complainant/ Informant
Name
Whether verified Verified
Father’s Name
Age
Sex Male.
Nationality Indian
Passport No Not Applicable
Place of issue Not Applicable
Date of issue Not Applicable
Religion
Occupation Not applicable
Address (present/Permanent)
Whether verified
Provisional Criminal No. Not Applicable
Regular Criminal No. Not Applicable
(If known)
Date of Arrest Not Applicable
Date of release on bail Not Applicable
Under Acts & Sections (of charge sheet)
Name (s) of bailer/ Not Applicable
sureties and address
Previous convictions Not Applicable
with case reference
Status of accused Judicial Custody
11. Particulars of accused persons charge sheeted:
i. i. Particulars of Witnesses examined: XXXXXXXXXX
ii. ii. List of Documents XXXXXXXXXX
iii. iii. List of Material objects XXXXXXXXXX
12. If F.I.R. is false, action taken: Not Applicable.
13. Charge –
13.1 Investigation has brought on record that the accused Suresh and others killed
Alam on 21/02/2021 and then ran away on their motor cycle. One accused ramesh
also broke in to the house of victim with arms and started threatening to kill Alam.
Therefore, further charge sheet should be filed under the following sections against
the accused person.
13.2 The sanction for prosecution against the aforesaid accused persons under the
above-mentioned section has been obtained from the competent authority.
13.3 All the aforesaid offences have been committed within the jurisdiction of this
Hon’ble Court. Hence, this Hon’ble Court has the jurisdiction to try the above
offences.
13.4 It is therefore, prayed that this Hon’ble court may be pleased to take cognizance
of the offences as mentioned above, against the aforesaid accused persons and issue
due process against the accused person.
14. List of enclosures:
(I) Annexure 1 (F.I.R)
(II) Annexure 2 (Medical Report)
(III) Annexure 3 (Autopsy Report)
(IV) Annexure 4 (Witten Statement)
ANNEXURE 1
FIR
First Information (FIR)
(Under Section 154 of the Criminal Procedure Code)

Police Station: Prayag Shehar District.........................

1. Personal details of the Complainant / Informant:


a. Name: __________
b. Father's / Husband's Name: ________
c. Address: Plot No. 69, Laxminagar, Prayag Shehar.
d. Phone number & Fax: 9414XXXXXXX
e. Email:
2. Place of Occurrence:
a. Distance from the police station:
b. Direction from the police station
3. Date of Occurrence: 21.02.2021
4. Offence:
a. Nature of the offence (e.g., murder, theft, rape, etc.): Assault, Battery and Murder.
b. Section (To be decided/written by Office only): 302, 323, 324, 147, 14, 149, 336
and 427 of IPC and under Section 4/25 of Arms Act.
c. Particulars of the property (in case one has got stolen):
5. Description of the accused: Ramesh, Suresh, Mukesh, Adnan and Salman along
with 15 other people.
6. Details of witnesses (if any) – The Complainant
7. Complaint: Briefly lay down the facts regarding the incident reported in an
accurate way.
It is humbly stated that Four days prior to the present day, Salman, Adnan, Dinesh
and others were fighting unknown people near Babu’s Shop. My brother heard
people quarrelling and rushed to the place of incident and intervened.
On 21.02.2021, at around 7:30 pm in the evening, at the street of Metrajan Shop,
Alam, Raja and Avinash were standing with their friends and out of nowhere,
Ramesh, Suresh, Mukesh, Adnan and Salman along with 15 other people arrived
at that place on motor cycles and started beating Alam, Raja and Avinash.
On hearing the loud noises, I ran towards that place. When I reached at the place
of incident, I saw that Ramesh, Suresh, Mukesh, Adnan and Salman were
assaulting Alam. Tarnum a.k.a Tannu also reached the crime scene. My brother
Alam was stabbed by Ramesh, Suresh, Mukesh, Adnan and Salman along with 15
other people at the street of Metarajan Shop on 21.02.2021, at 7:30 pm in the
evening.
In July 2020, Ramesh broke in to our house with arms and started threatening to
kill Alam, this is the reason why FIR was not registered earlier. Therefore, by this
representation it is requested to file a report against Ramesh, Suresh, Mukesh,
Adnan, Salman and 15 other people, and take proper legal actions.

Complainant: _________
Signature of Station In charge
(Inspector)
ANNEXURE 2

MEDICAL REPORT
Name of Victim: Alam
Sex: Male
Age: N.A
Height: N.A
Weight: N.A
Habits: N.A
Home Address: Plot No. 69, Laxminagar, prayag shehar
Time of event: On 21/02/2021 about 24 hours before the examination
Identification Marks:
By:
Clothes:
i. General Physical Examination:
a) Emotional / mental status: - STABLE
b) BP: High; Pulse: Low; Respirations: Normal; Height: No change; Weight: No
change;
c) Nutrition: N/A
d) Signs of intoxication by drugs & / or alcohol: No
e) Examination of clothes (if same as those worn at the time of assault). For evidence
of tears, blood stains, etc.
f) Stains on the body (including Pubic hairs & fingernails): N/A
g) Gait of victim: N/A
h) Abdominal Examination with Special Ref. to pregnancy: N/A
i) head injury
ii. Injuries on Body (With special reference to signs of struggle & including the age
of injuries. If there is a history of buccal/anal penetration & bite marks, appropriate
swabs should be taken as indicated).
a) Left cheek: N/A
b) Lips: N/A
c) Upper limbs: N/A
d) Bleeding: N/A
e) Other areas if any: N/A

iii. Local Examination of Genital / Perineal areas (For Documentation of


Injuries)
(a) Labia Majora: N/A
(b) Labia Minora: N/A
(c) Vagina: N/A
(d) Urethra: N/A
(e) Anus: N/A
(f) multiple abrasions on the left cheek
(j) Any other findings: - N/A
iv. Specific examinations (wherever facilities exists and if indicated)
a) Toluidine blue dye test: N/A
b) Wet mount slide test: N/A
c) UV light exam. Of clothes and skin: N/A
d) Anoscopic / colposcopic exam: N/A
v. Provisional opinion regarding sexual assault:
After examining the victim, bearing above mentioned identification marks and after
one day of the incident, I/We am/are of the opinion that
1. Evidence of injuries to the genitals / anus with age of injuries.: - No
2. Evidence of injuries related to head: - Yes
3. Evidence of injuries suggesting application of force / restrained with age of injuries.:
- YES
4. Evidence of Sexually Transmitted Infections.: No
6. Evidence of drug / alcoholic intoxication.: No
7. Any other important findings: - the cause of death was shock brought about as a
result of antemortem injury no 8 and associated with injury No9 individually and
cumulatively sufficient to cause death in ordinary cause of nature
vi. Cause of the death
1. Abrasion of Size 4 x 0.2 cm redish in color on right side neck just below
mandibular nerves
2. Abrasion of size 9 x 0.3 cm redish in color on right side neck on Supraclavicular
notch region
3. Abrasion of size 8 x 0.3 cm redish in color on left side neck region, below
mandibular nerves
4. Abraded bruise of Size 9x4 cm redish blue in colour on Right side shoulder region
5. Abrasion of size 3.5 x 0.2 cm redish in color on right side on mid scapular region.
6. Linear abrasion of size 7 x 0.1 cm redish in colour on right side lower back region.
7. Abrasion of size 4 x 1 cm redish in color on Left knee
8. Stab incised wound of size 2 x ¼ cm, elliptical in shape with acute angles, oozing
of blood from wound present on left side chest wall region. 6 ½ cm from left nipple
11 cm from right side nipple, 12 cm from medical end of Left side clavicle bone.

9. Stab incised wound of size 2 x 1 ½ cm elliptical in shape with both acute angle and
oozing of blood from wound resent on Left side chest wall region, 9 cm from left side
nipple region, 11 cm from right side nipple region. There is distance of 11 cm in
between two.

The Consent of the parents of the victim Alam has been taken in advance for her
medical examination.
Sd/-

Medical Officer
Annexure 3

Autopsy Report
DECEASED: Alam SEX: MALE AGE: 19 Years
DATE AND HOUR OF DEATH: 21/02/2021 & 07:30 PM
DATE AND HOUR OF ATOPSY: 22/02/2021 & 12:00 PM
PATHOLOGIST:
FINAL DIAGONOSES:
Alam was declared dead at LML hospital by the doctors.
I. SIGNIFICANT FINDING
A. Antemortem injury no. 8 and associated with injury no. 9 Individually and
cumulatively sufficient to cause death in ordinary cause of nature
B. All the injuries are antemortem in nature and caused within and around 24 hrs.
prior to post mortem examination.
C. Injury no. 1,2,3,4,5,6,7, are caused by blunt weapon and injury no. 7 &8 are
caused by sharp weapon, double edged.
ANNEXURE 4

Written Statements (161 Cr. PC)


161 CRPC statement Shri Moen Ali Son Shri Sabir Bhaiu 17 years caste Muslim
Resident Plot XXXXXXXXXXXXXXXX

Case No. 291/2020 Sections 302. 323, 324, 147, 148, 149, 336, 427 IPC & 4/25
Arms Act dated 21.09.2020 Police Station

That I am residing in Plot No. XXXXX with my family and Alam's son and Irshad
also lives with the family in the said plot number XXXX. Which according to my
grandfather's brother's relation seems to be my brother. Four days prior to the present
day, Salman, Adnan, Dinesh and others were fighting with unknown people near
Babu’s Shop. Alam heard the people quarrelling and arrived at the scene of incident
and intervened. On the present day, i.e., 21.02.2021, at around 7:30 pm in the
evening, at the street of Metrajan Shop, Alam, Raja and Avinash were standing with
their friends. After a while, out of nowhere (“Accused”) i.e., Ramesh, Suresh,
Mukesh, Adnan and Salman along with 15 other people arrived at the said place, on
motorcycles and as soon as they reached, they started beating Alam, Raja and
Avinash. On hearing the loud noises of them quarrelling and shouting, the
complainant immediately ran towards the scene of crime. When the complainant
reached at the place of incident, he found out that Ramesh, Suresh, Mukesh, Adnan
and Salman were assaulting Alam.
While Raja and Avinash wanted to save Alam, they were also stabbed and wounded.
After hurting Alam, Raja and Avinash, the Accused fled the place of incident on
their motorcycles and Activa scooters. After that, when I took over Alam, my clothes
were also stained in blood. I took Alam from Shabbir's motorbike to the LMS
hospital where the doctors declared him dead on arrival. Before this, in the month of
July 2020, Ramesh had broken into our house with arms and damaged vehicles
parked outside the house and threw stones inside the house and threatened to kill
Alam.
161 CRPC Mr. Raja Khan Son Mr. Mustafa Khan Caste Muslim 18 years
xxxxxxxxxxxxxxxx
FIR No. 291/2020 Sections 302, 323, 324, 147, 148, 149 336, 427 IPC & 4/25
ARMS Act dated 21.09.2020 Police Na Soda Na Jaipur South
That I reside at the above address with my family. I have set up a pet shop (Dog
food) shop in xxxxxxx. Alam and Avinash are my friends. On 20.09.2020 in the
evening the time was around 7.00PM, I was at my shop. At that time, my Friend
Avinash called me and asked me to come at chacha chai in the street next to the
Natarajan Sweets at Hatwada Road Prayag Shehar. On which I took my maestro
scooty to where both my friends Alam and Avinash met. I parked my scooty in the
street opposite the gate of Chacha Chawla Shop. Standing on the side, and sat on it
and started talking to Alam and Avinash. After about 5 to 7 minutes, about 8 -10
boys came from a road towards Hatwada road and started beating me and Alam and
Avinash with punches.
From behind me, one of these boys hit the face and feet with something. Which
made me bleed. When Alam ran towards Hatwada road to escape, Ramesh came in
the street with two boys who reached Alam directly and stabbed him in the stomach
and chest two times. Because of which Alam was bloodied and fell on the ground,
due to which his clothes were stained with blood and there was a lot of blood on the
ground too. One of them fled backwards and the rest fled towards Itwada Road.
Meanwhile, Alam's younger brother Moen Ali had come there with the help of
which I, and Moen took him to the LML Hospital. Where the doctors checked
declared him dead. After that, the three men went back to the spot where the police
were present and were taking action where Alam's brother Moen presented a report
of the incident. The perpetrators of the incident include Ramesh and Suresh and
others.

Police Station Prayag Shehar

161 CRPC Shri Avinash Son Shri Santosh Mathew Caste Christian U 17 years
xxxxxxxxxxxxxxx
FIR NO 291/2020 Sections 302, 323, 324, 147, 148, 149 330, 427 IPC & 4/25
James One dated 21.09.2020 Police Station Prayag Shehar
…. that I live with my family and study in house number xxxxxxr. Alam and Raja
are my friends. On 21.02.2021, in the evening time around 7.00 - 7.10PM I went
across the street of Metrajan Shop to Uncle Chai Wale for drinking coffee. At that
time, I also called my friend Raja Khan there. Who arrived there by his scooty, and
sat on the scooty after placing it. After some time, our friend Alam also came there.
After about 5-10 minutes, about 8-10 boys came from Hatwara road in a herd and
started fighting with Raja and Alam in the street. When I started escaping from
there, they took me too and started beating me. They hit the marble stone on my
head and mouth. During this time, three-four more boys came from the other side in
the street, one of them took a knife out of his pocket and stabbed Alam two times in
his stomach and chest. I had run away barefoot towards Hatwada Road after saving
my life. In this incident, my mobile too fell, causing it to break. At that time there
was a stampede in the street. When I came back at the street of Metrajan Shop, to
get my mobile, I saw that Alam was lying on the ground in a sun-drenched state of
unconsciousness and a lot of blood came out from his body and spread on the
ground. During the incident there, Alam's younger brother Moen had also come,
who along with Raja Khan, picked up Alam from there and took him to the LML
hospital.

(Surendra Singh Ranaut P.)


Magistrate
Police Station Prayag Shehar

Trial Advocacy Problem , Formed By Advocate Mohit Sharma


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