Intro as in which counsel

Jurisdiction as to which section r/w

Whats the theme

Facts according to your side

Witness what they prove

With this I conclude my opening statement your lordship

Bare act read IPC 34 102 302 Explosive act UAPA

May it please the honorable court Myself rehan bhiakn counsel on behalf of the prosecution that
is the sate of maharastra in case of state of maha rastra vs varad pawar and i will be delivering the
opening statement together with my co- counsel chief cross closing your honor this case is about
political rivaliary which resulted into sad demise of Mr anish tasgoanker this is well planned
assianation which was conducted by mR varad pawar through his close karkarta who merely acted
as a pwan for the higher ups in game of gainig pollical control over the state

It all began at the start of august 2022 Mr. anish tasgaoker had along with several other MLAs of
Bhartiya Vikas Sena (BVS) joined their arch-political rivals Maha Janta Party (MJP) in bid of power.
this decision had left a bitter taste on Mr varad pawar a stornge leader of Maha Janta Party which is
s predominantly based out of Vidarbha this was noticeable from the every start of the alliances there
were many act of political domination by Mr varad pawar but it become unberable for Mr varad . It
was decided to slipt the tenure of chief minister in 2 equal part in which Mr. Anish Tasgoanker was
to become chief minister for the first 2.5 years on 16 sept 2022 a rally was organisned named as e
‘Maharashtra Jodo Yatra’ in Jambori Maidan during this rally after Mr Anish Tasgoanker had
addressed his supportor later he descended from the podium and was really close to the audience
which was present at the rally one Eyewitnesses later testified that, while he was greeting the
crowd, one unidentified person present at the rally broke out of the crowd in the garb of taking his
blessings. Tasgaonkar waived off his bodyguards and warmly greeted the man who bent down to
touch his feet. This was when the blast was triggered, claiming the life of Anish Tasgaonkar, Anubhav
Dawre, and Meenal Mishra, as well as severely injuring other. The police on basis of eyewitnesses
present at the spot as well as the INQUEST PANCHNAMA conduct on the same day an investigation
was initiated by NIA during this period Pw 1 that is Mr sidhant partania had came forward with
information Came forward with the information as a witness with information that the suicide
bomber had stayed at Maharaja lodge in Mankhurd along with one other person. A search operation
was conducted in this room where a Nokia-105 with an unidentified set of fingerprints was
recovered. Investigators were able to identify the suicide bomber as one Tejas “Rajan” Wani and the
other accused person as Chaitanya Londhe. Thereafter, Chaitanya was arrested and was shifted to
Arthur Central Jail on 21st October 2022. He was in talks with the NIA for turning into an approver.
Meanwhile, the media coverage of the case was at an all-time high. A photo started to circulate on
social media which was uploaded by an online news portal on 19th October 2022, which lead to
speculations of Varad Pawar being involved in the case. When the NIA investigated this lead, they
found out that they were taken by a political journalist who had been following Varad Pawar’s car on
15th September.
It is pertinent to note that, on 30 th October, Chaitanya Londhe was heavily injured and later was
admitted to the prison hospital with severe bodily injuries. The attending doctor treated some of his
injuries and he was shifted to the nearest civil hospital where he died soon after. Before his death,
he requested to meet the Investigating Officer. Based on the statement recorded by the IO in the
Dying Declaration, NIA started to further investigate Varad Pawar’s involvement in the conspiracy
involved. The Agency then conducted a search operation at Varad Pawar’s house and an abandoned
warehouse near Akola owned by him, where further incriminating evidences were found against
him.

Thereafter, on 16th November, the police decided to arrest him and upon completion of
investigation, charge sheet was filed before the Special NIA Court, Mumbai.

The accused have been charged with section 302 Of IPC r/w sec 34 and 120b of IPC, 16 and 18
section of UAPA and Section 3 and 6 of Explosive Substances Act

Your honor through the course of the trail the prosecution shall prove the accused guilty beyond
reasonable doubt

The prosecution shall prove that the accused varad pawar was in relation as well as frequent
contact Chaitanya londhe and varad pawar had instructed, abetted him to commit the murder of

Mr anish tasgoaker
[34. Acts done by several persons in furtherance of common intention.—When a criminal act is done
by several persons in furtherance of the common intention of all, each of such persons is liable for
that act in the same manner as if it were done by him alone

120A. Definition of criminal conspiracy.—When two or more persons agree to do, or cause to be
done,— (1) an illegal act, or 1. Subs. by Act 10 of 2009, s. 51, for “voluntarily conceals, by any act or
illegal omission, the existence of a design” (w.e.f. 27-10-2009). 2. Subs. by Act 26 of 1955, s. 117 and
the Sch., for “transportation for life” (w.e.f. 1-1-1956). 3. Ins. by Act 8 of 1913, s. 3. 35 (2) an act
which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided
that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy
unless some act besides the agreement is done by one or more parties to such agreement in
pursuance thereof. Explanation.—It is immaterial whether the illegal act is the ultimate object of
such agreement, or is merely incidental to that object.

120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to

commit an offence punishable with death, 1 [imprisonment for life] or rigorous imprisonment for a
term of two years or upwards, shall, where no express provision is made in this Code for the
punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an
offence punishable as aforesaid shall be punished with imprisonment of either description for a term
not exceeding six months, or with fine or with both.]

302. Punishment for murder.—Whoever commits murder shall be punished with death or 1
[imprisonment for life], and shall also be liable to fine.

Explosive substances act

3. Punishment for causing explosion likely to endanger life or property.- Any person who unlawfully
and maliciously causes by any explosive substance and explosion of a nature likely to endanger life
or to cause serious injury to property shall, whether any injury to person or property has been
actually caused or not, be punished with transportation for life or any shorter term, to which fine
may be added, or with imprisonment for a term which may extend to ten years, to which fine may
be added.

6. Punishment of abettors.- Any person who by the supply of , the providing of premises, the supply
of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the
commission of any offence under this Act shall be punished with the punishment provided for the
offence.

16. Punishment for terrorist act.—(1) Whoever commits a terrorist act shall,— (a) if such act has
resulted in the death of any person, be punishable with death or imprisonment for life, and shall also
be liable to fine; (b) in any other case, be punishable with imprisonment for a term which shall not
be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.

18. Punishment for conspiracy, etc.—Whoever conspires or attempts to commit, or advocates,

abets, advises or 3 [incites, directly or knowingly facilitates] the commission of, a terrorist act or any
act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a
term which shall not be less than five years but which may extend to imprisonment for life, and shall
also be liable to fine.

Jurisdiction as to which section r/w

13. Jurisdiction of Special Courts.—(1) Notwithstanding anything contained in the Code, every
Scheduled Offence investigated by the Agency shall be tried only by the Special Court within whose
local jurisdiction it was committed. 6 (2) If, having regard to the exigencies of the situation prevailing
in a State if,— (a) it is not possible to have a fair, impartial or speedy trial; or (b) it is not feasible to
have the trial without occasioning the breach of peace or grave risk to the safety of the accused, the
witnesses, the Public Prosecutor or a judge of the Special Court or any of them; or (c) it is not
otherwise in the interests of justice, the Supreme Court may transfer any case pending before a
Special Court to any other Special Court within that State or in any other State and the High Court
may transfer any case pending before a Special Court situated in that State to any other Special
Court within the State. (3) The Supreme Court or the High Court, as the case may be, may act under
this section either on the application of the Central Government or a party interested and any such
application shall be made by motion, which shall, except when the applicant is the AttorneyGeneral
for India, be supported by an affidavit or affirmation.

15. Public Prosecutors.—(1) The Central Government shall appoint a person to be the Public
Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or
Additional Public Prosecutors: Provided that the Central Government may also appoint for any case
or class or group of cases a Special Public Prosecutor. (2) A person shall not be qualified to be
appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor
under this section unless he has been in practice as an Advocate for not less than seven years or has
held any post, for a period of not less than seven years, under the Union or a State, requiring special
knowledge of law. (3) Every person appointed as a Public Prosecutor or an Additional Public
Prosecutor or a Special Public Prosecutor under this section shall be deemed to be a Public
Prosecutor within the meaning of clause (u) of section 2 of the Code, and the provisions of the Code
shall have effect accordingly