HINDI VIDYA PRACHAR SAMITI’S COLLEGE OF LAW

IN THE HON’BLE SESSION COURT OF INDIA AT MUMBAI

S.L.P [ CRIMINAL] NO. /2022

[ FILED UNDER SECTION 437 OF CODE OF CRIMINAL
PROCEDURE,1973]

IN THE MATTER OF

SLP[C]NO. OF 2022

SUREKHA SINGH AND MOHAN PRAKASH PETITIONER

VS
THE STATE OF MAHARASHTRA RESPONDENT

Written submission on behalf of the respondent

Counsel for the respondent

 VIDYA PRACHAR SAMITI’S COLLEGE OF LAW

TABLE OF CONTENTS PAGE NO.

INDEX OF AUTHORITIES 3-4

STATEMENT OF JURISDICTION 5

STATEMENT OF FACTS 6-9

STATEMENT OF ISSUES 10 - 11

SUMMARY OF PLEADING 12

ARGUMENT ADVANCED 13

THE PRAYER 15

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 VIDYA PRACHAR SAMITI’S COLLEGE OF LAW

INDEX OF AUTHORIES

CASES REFFERED: 1. PRIYANKA BRTA VS. STATE OF HARYANA

2. NANAVATI VS. STATE OF MAHARASTRA
3.HAMID SHEIKH VS.THE STATE OF MAHARASTRA
4.SHARAD BIRDHICHAND SARDA VS.
STATE OF MAHARASTRA
5.SAURABH AND ORS VS. STATE OF MAHARASTRA
6.VADIVELU THEVAR VS. THE STATE OF MADRAS
7.SHAHID KHAN VS STATE OF RAJASTHAN
8.SATISH VS. STATE OF UTTAR PRADESH
9. SUNIL KUMAR VS. STATE OF RAJASTHAN
10.RANBIR AND ORS VS. STATE OF PUNJAB
11.SHEO SHANKAR SINGH VS.
STATE OF JHARKHAND
12.MAGADEO LAXMAN SARANE VS.
STATE OF MAHARASTRA
13.SHRI JAYENDRA SARASWATHY VS.
STATE OF TAMIL NADU
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 14.BHUPINDER SINGH VS. STATE OF PUNJAB
15.BHUBENSHWAR MANDAL VS.
THE STATE OF BIHAR
16.TUKARAM SHIVA PATIL VS.
STATE OF MAHARASTRA
17.VISHNU VS. STATE OF DELHI
18. MANOJ SINGH VS STATE OF WEST BENGAL
19.ANJUM MUTHALIB VS STATE O MAHARASTRA
20. RIPUN VS STATE OF DELHI

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 VIDYA PRACHAR SAMITI’S COLLEGE OF LAW

STATEMENT OF JURISDICTION

The Hon’ble Court has the jurisdiction to try the instant matter under Section 437 of the Code of
Criminal Procedure, 1973.
Section 437. When bail may be taken in case of non- bailable offence. 1
When any person accused of, or suspected of, the commission of any non- bailable offence is
arrested or detained without warrant by an officer in charge of a police station or appears or is
brought before a Court other than the High Court or Court of Session, he may be released on bail
The Counsels for the Respondents most respectfully submit to this jurisdiction of the Hon’ble
High Court.

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 VIDYA PRACHAR SAMITI’S COLLEGE OF LAW

STATEMENT OF FACTS
Rampal Singh (34) and his wife Surekha Singh (30) along with their daughter Komal Singh (11),
migrated to Mumba City from Basti village for better employment opportunity in 2020. Leaving
behind their parents and a younger brother Arun Singh (28).
They resided in Chawl No.32, of Indira Nagar Mohalla Mumba on Rent.
Rampal Singh got employed as a Salesman in New- Trends Garments. The garments store was
located 2 Km from his home. The owner of store Viju (55) relied on Rampal as he was very
hardworking and worked overtime to fulfill monetary needs of family. Rampal was a family man
who took care of his family and called his parents & brother back home in Basti every day
without fail.
Viju used to send Rampal and his tenured manager Javed shaikh, to saurat with big sum of
money to buy merchandise for shop. Rampal and Javed developed close friendship while making
such frequent trips and discussed the matters in life often with each other.
Surekha is beautiful and Intelligent, in a very short span she made lots of friends in Indira Nagar
Mohalla eventually started to take Hindi and Maths tuition, to supplement the income of the
house, due to this she become very well-known person in the Mohalla.
Mohan Prakash (38), resident of Chawl No.34 a Civil Engineer by profession and a Single Parent
was neighbor of Singh family. His son Ved Prakash (9) was being tutored by Surekha.
Mohan used to drop Ved under care and custody of Surekha during the day. They soon
developed close affinity towards each other and Mohan started bring gifts for Surekha. Initially,
Surekha was little hesitant in accepting these gifts but after persuasion by Mohan, she accepted
them.
Soon, the neighbors and Mohalla residents & shopkeepers would spot Surekha and Mohan
enjoying their company. Mohan would even visit Surekha at her residence in absence of her
husband, Rampal.
Mohan later on went on to confess her love for Surekha and expressed his intention to get
married second time.
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Oblivious to all these events behind his back, Rampal noticed behavioral changes in her wife
Surekha. His attempt to ask reason for this change went unsuccessful and no satisfactory answer
was given to him by Surekha. Then, Rampal confided in Javed his work colleague/friend. Javed
hesitantly revealed that he spotted Surekha with Mohan in Mohalla. Javed also would tell him
about rumours in Mohalla about Surekha and Mohan.
After having this new information from Javed. Rampal casually asked Surekha but she denied
everything terming the events as only rumors.

On 9th November, took half day and went home early. Upon knocking his door, Surekha opened
the door after 5 mins and to his surprise to find Mohan inside his house. Upset from the turn of
events he went to meet Javed in Resto-Bar.
Meanwhile, Surekha bought meat, vegetables, ration and butcher's knife. She also bought
sleeping pills, Band-Aid and painkillers for Amba medicos that doctor had prescribed her in the
morning.
Rampal left resto-bar with Javed at 10 PM. Javed dropped Rampal home. Surekha cried and
explained that Rampal has misconstrued the situation. They both ate dinner and Rampal went to
bed.
On 19th November, Arun came to Mumba as he was unable to reach Rampal’s phone since 8th
November.
Arun called Surekha but her number was not reachable. Then he came to Surekha’s house and
asked his brother’s whereabouts to which Surekha replied that on 10th November, Rampal went
to Saurat to pick up merchandise. Arun asked Surekha about her phone being not reachable to
which she replied that her phone has gone for repairs. Arun went to the shop where his brother
worked and Viju informed that Arun has not reported to work since 10th November. Javed
narrated the incident of 9th November to Arun.
On 22nd November Arun reported a missing complaint at Vadar Police Station.
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FIRST INFORMATION REPORT

(Under section .154. Cr.PC)FIR No. 206/21
P.S. Vadar police Station
Date: 24th November 2021
Under sec: 302,324,34,201 Of IPC
Offence committed at: Chawl No 32, Indira Nagar Mohalla, Vadar East
Date of commission of Offence: 09th November 2021
Day: Tuesday
Time: Committed l1 pm to 1am
Action of investigation: Immediate after
Information Type of Information: Complainant at police station
Address of Police Station: - Plot No. 2, Indra Nagar Colony, Vadar, Mumba

In the Court of the ADDL. Judicial Magistrate, Session,Greater Mumba Charge Sheet
XXX206/2021

1. District: Mumba PS: Vadar Police Station,

2. Year: 2021, FIR No. 206/212. Date: 24.11.2021
3. Date: 10/02/2022
4. Acts/ Section(s): IPC, 1860: Sections302, 324, 201,34 of IPC
5. Charge sheet against: (i) Surekha Singh
(ii) Mohan Prakash
6. Offence as mentioned did occur as per the contents of theFIR.
7. Original Charge sheet, supplementary to follow against the rest of the accused.
8. I.O.: Jayant P.; Rank: Inspector of Police
9. Complainant: Mr. Arun Singh
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Post Mortem report

206/21 on 25th November 2021
Name of Decedent: Rampal Singh
Sex: Male
Age: 32
Height: 5 feet 1 inches
Weight: 57 kgs
Habits: N.A
Home Address: Indira Nagar Mohalla, Vadar East
Time of death: On 09/11/2021 about 25 days before the Examination.

Post-mortem Concluded at: November 25th 2021 at 1500 hours

Opinion: Death due throat slit
REPORT CONCLUSION
Dr Ajay Mahtre
Sr. Autopsy and Forensics

Later on, 24th November, Mohan and Surekha were called to record statements. During this,
Arun asked Komal about her father and she panicked and said “mujhe kuch nahi pata, mummy
ne jaise papa ko bed ke neeche dala waise mujhe bhi daal degi”
Police went to their home and recovered 3 blood-stained gunny bags containing dismembered
parts of Human body from dug hole. They also recovered butcher’s knife, one gunny bag of
cement, used tiles box and construction tools.

VIDYA PRACHAR SAMITI’S COLLEGE OF LAW

STATEMENT OF ISSUES

1]WHETHER THE CHARGE OF CRIMINAL CONSPIRACY IS PROVED IN RESPECT OF

EACH OF THE ASSCUED
-It is most respectfully submitted that the accused person had no intention to kill Rampal as wife
Surekha and Rampal was living a happy life.
As people of Mohalla are not updated as thought Surekha and Mohan are sharing relation but
there was a usual friendship between them and people made it issue

2] WHETHER THE MEDICAL EVIDENCES ARE ADMISSIBLE IN COURT OR NOT

- IT HAS BEEN ARGUED THAT THE MEDICAL EVIDENCE AS REVEALED IN THE
INVESTIGATION AND ALSO THE MEDICAL STORE OWNER STATEMENT WHEN
CORROBORATED WITH OTHER EVIDENCES CAN ATTRACT CULPABILITY
The medical store owner has clearly stated that Surekha used to buy sleeping pills for herself
prescribed by doctor

3] WHETHER PLANNED AND CALCULATED THE MURDER?

-no as there is no finger prints or any evidence of against accused person Surekha and Mohan,
Rampal and Surekha was sharing a good happy life there was no motive for Surekha to murder
her husband
4] THREATNING DAUGHTER FOR HIDING EVIDENCE IS A CRIME?
-No as there is no proof rather than Arun heard from niece it can be family drama were arun tried
to involve Komal and make it a statement
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5]WHETHER THERE IS ANY EYE WITNESS OR NOT?

-NO there is no eye witness for this murder because people of Mohalla thought Surekha and
Mohan are sharing relation they have been done but, there is no eye witness that Surekha and
Mohan has done it there is no evidence of finger prints or no eye witness

6]WHETHER ACCUSED IS PRESENT IN THE CRIME SEEN OR NOT?

-NO Rampal told Surekha as he leaving for Surat for his work, she is clueless about the crime
seen, there is no strong evidence against Surekha and Mohan

.
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VIDYA PRACHAR SAMITI’S COLLEGE OF LAW

SUMMARY OF PLEADGING

It is humbly submitted before this hon’ble court that as Surekha and Mohan are not involved in
this criteria and there is no strong evidence against Surekha and Mohan.
Thus, it is requested to Hon'ble court that the accused person must be given relief on the basis of
no eye witness and no finger prints and please grant them bail under section 437 of criminal
procedure code
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VIDYA PRACHAR SAMITI’S COLLEGE OF LAW

ARGUMENT ADVANCED

 Most respectfully submitted that the accused person had no intension of committing this
heinous act which have been rumors about Surekha and Mohan they were just good
friends and not sharing any relation still people of Mohalla did an issue on it and became
an issue for no reason
 Rampal and Surekha were sharing a good happy life with their daughter there was no
intension of Surekha of killing Rampal, Rampal was a mature man and Surekha is a
intelligent women if she wanted him to separate with Rampal she would easily asked to
Rampal for divorce as they both used to understand each other
 As people of Mohalla make an issues on Surekha and Mohan being good friends to each
other automatically it all came on Surekha and Mohan
 Mohan and Surekha both were parents and more than anything parents care for their
children first and then their self
 Mohan has no motive to murder Rampal as he was fainacally struggling there was no
business rivalry between them
 As said by the medical store owner Surekha used to buy sleeping pills as prescribed by
doctor for her self as Rampal was tensed he took his wife’s sleeping pill, after dinner
there was no force by Surekha and in postmortem there was no over dose of pills
 Komal daugther of surekha and rampal came in to influvence of uncle arun as he forced
her to give a false statement
 Childer are usally easy target
  As there is no eye witness the blame of murdering rampal by knife is false as knife is
used in very kitches in the home

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VIDYA PRACHAR SAMITI’S COLLEGE OF LAW

THE PRAYER

Where for in light of issue raised, argument advance, and authorities cited it is most humbly and
respectfully requested that this honorable court may adjudicate and declare the bail
Thus, it is prayed that the accused person must be given relief
The court may also be pleased to pass order which this hon’ble court may deem fit in light of
justice, equity and good concise

ALL OF WHICH IS MOST HUMBLY PRAYED

 COUNCIL FOR THE RESPONDENT

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