BEFORE THE HON’BLE HIGH COURT OF INDIA

UNDER

State................................................................................................................... PETITIONER

v/s

Mr. Raj Khanna.......................................................................................... RESPONDENT

UPON SUBMISSION

MEMORANDUM ON BEHALF OF THE RESPONDENT

 ASSIGNMENT-2. Jamnalal Bajaj School of Legal Studies Moot Problem

TABLE OF CONTENTS

 TABLE OF CONTENTS…………………………………………….
 LIST OF ABBREVIATIONS………………………………………...
 INDEX OF AUTHORITIES…………………………………………
 STATEMENT OF JURISDICTION…………………………………
 STATEMENT OF FACTS……………………………………………
 ISSUES RAISED……………………………………………………...
 SUMMARY OF ARGUMENTS……………………………………...
 ARGUMENTS ADVANCED………………………………………...
 PRAYER…………………………………………………………...

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LIST OF ABBREVIATIONS

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INDEX OF AUTHORITIES
CASES:
1.

BOOKS:
1.

LEGAL DATABASES:
1. www.SCConline.com
2.
LEGISLATIONS:
1.

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ASSIGNMENT-2. Jamnalal Bajaj School of Legal Studies Moot Problem

STATEMENT OF JURISDICTION

The Appellant humbly submits this memorandum for the petition before this learned court under the
section 498A and 304B of The Indian Penal Code1.
The council for the prosecution humbly submits to the Hon’ble High Court that it has jurisdiction to
inquire and conduct this case under section 374(2) of Crpc2, 1973.
The court is also requested to determine the consequences, including the rights and obligations of the
parties, arising from its judgement on the issues raised in the case.
The present memorandum sets forth the facts, contention and argument from the accused standpoint.

1. 1860
2. Section 374(2) Any person convicted on the trial held by Session Judge or an Additional Session Judge or
on a trial held
By any other court in which a sentence of imprisonment for more than seven years [has been passed
against any other person convicted at the same trial]; may appeal to the High Court.

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STATEMENT OF FACTS

 Mr. Sagar Kumar and Mr. Sampat Khanna both are old friends and co-workers for almost 25
years. Mr. Sagar has a daughter and a son i.e Pratap and Khushi. And Mr. Sampat has two sons
named Raj Khanna and Vijay Khanna. Mr. Sagar Kumar and Mr. Sampat Khanna were very keen
to convert their friendship into relationship, so they fixed the marriage of Khushi and Raj with the
consent of their families. On 8 th May, 2018 Ms. Khushi got married to Mr. Raj Khanna.

 Before marriage everything seems to be very nice but after sometime Khushi started telling her
family that her husband and mother-in-law both are ill treating her and continuously was
demanding for dowry. Mr. Sagar discussed this with Mr. Sampat and asked him to take care of
Khushi and he assured Mr. Sagar that he will take care of Khushi.

 On 14.09.2019 Mr. Sagar was informed over the phone by Mr. Sampat that Khushi is not well and
admitted to the hospital, Mr Sagar and his wife and their son reached the hospital and their they
found Khushi in critical condition. Mrs. Khushi died on the very next day of her admission to the
hospital i.e., 15.09.2019.

 By seeing all this situation , Mr. Sagar filed a FIR against the husband and mother-in-law of
Khushi in that he mentioned that between 08.05.2018 to 13.09.2019 at Flat no.120 Dwarka, Delhi,
and at other places on different dates and times, particularly, the time soon before 15.09.2019, Raj
and his mother had subjected deceased Mrs. Khushi, to cruelty and harassment in connection with
demand for dowry and due to which she died, this was the FIR registered on 16.09.2019. Mr. Raj
Khanna and Mrs. Ganga Devi, both the accused persons, were arrested for the offences under
sections 498A and 304B of the Indian Penal Code on the allegations that accused, who were the
husband and mother-in-law of Mrs. Khushi.

 After hearing arguments, charge for the offences under sections 304B and 498A of the IPC was
framed against accused Mr. Raj Khanna and Mrs. Ganga Devi vide order dated 29.01.2020 by the
learned predecessor of this Court to which he pleaded not guilty and claimed trial. The learned
predecessor court passed the judgement on 20.02.2022 and as per the judgement, accused Mrs.
Ganga Devi was acquitted but Mr. Raj Khanna got convicted for 7 years.

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ISSUES RAISED

I. Whether the facts of the case fulfill all essentials of section 304B and 498A of IPC,
1860? And there are enough evidences in references of the essentials or not?

II. Whether punishment given to Mr. Raj Khanna under section 304B and 498A of
IPC, 1860 is justified or not?

SUMMARY OF ARGUMENTS
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I. Whether the facts of the case fulfill all essentials of section 304B1 and 498A2
of IPC, 1860? And there are enough evidences in references of the essentials
or not?

1. Section 304B. Dowry death.—

(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under
normal circumstances within seven years of her marriage and it is shown that soon before her death she
was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection
with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall
be deemed to have caused her death. Explanation.—For the purpose of this sub-section, “dowry” shall
have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less
than seven years but which may extend to imprisonment for life.

2. Section 498A. Whoever, being the husband or the relative of the husband of a woman, subjects such
woman to cruelty shall be punished with imprisonment for a term which may extend to three years and
shall also be liable to fine.
Explanation.—For the purposes of this section, "cruelty means"—
(a) anywilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related
to her to meet any unlawful demand for any property or valuable security or is on account of failure by
her or any person related to her to meet such demand.

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II. Whether punishment given to Mr. Raj Khanna under section 304B and 498A of IPC
is justified or not?

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ARGUMENT ADVANCED
ISSUE 1:

ISSUE 2:

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PRAYER
Wherefore in the light of facts stated, issues raised, argument advanced and authorities cited, it is most
humbly prayed before the Honourable Court, that it may be graciously pleased to adjudge and declare
that:

1. The judgement of Trial Court is not valid.

2. The accused Mr. Raj Khanna must be acquitted from all the charges.

And pass any other Order,Direction, or Relief that it may deem fit in the best interests of Justice,
Fairness , Equity and Good Conscience.

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