SUMMARY OF ARGUMENTS

Issue 1
It is humbly submitted before this Hon’ble Court that the accused, Accused no 1 is
mathadishwar of Gokuldham Math in Kesari village. He claiming that he cures the patient of
Asthama with special fish therapy which unknown in ayurveda and Ayush. He also gave
treatment to the deceased Amit. After that Amit gone in the coma and dead after 8 days in
Hospital. This result that this is a culpable homicide not amounting to murder under 304
part II of the Indian Penal Code,1860. Accused have no intention to kill the deceased but
have knowledge of the act done by the him caused to death.
Issue 2
It is humbly submitted before this Hon’ble Court that the accused, Accused no 1 to 3 are
held guilty under offence 304 of Indian Penal Code read with section 35 of Indian Penal
Code. The act done by Accused 1 to 3 is correspondence to the death of the person. And
each of the accused had participate in act done by jointly. The section 35 is that whenever
an act, which is criminal only by reason of its being done with a criminal knowledge and
intention, is done by several persons, each of persons who joins in the act with such
knowledge or intention is liable for the act in the same manner as if the act were sone by
him alone with that knowledge or intention.
Issue 3
It is humbly submitted before this Hon’ble Court that the accused, Accused have done
Arishthnashak and peedashamak Yadnya which against the formal treatment of curing
Asthama and the this leads to attract the sections 3 of the the Maharashtra Prevention and
Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black
Magic Act, 2013. Accused have run a Math which formarly claimed to Treatment of Asthama
patient which uncertified treatment and they didn’t have any degree and recognition of
medicine, also they largely claimed to be famous practitioner of this treatment which is also
attract Section 3 and 5 and 7 of the Drug and Magic remedies Act, 1954 and 1955.
 ARGUMENTS ADVANCED
Issue 1
Whether accused 1 to 3 has guilty for offence under 304 of the Indian Penal Code, 1860?

It is humbly contended that Muralimaohar Maharaj and 2 other (hereinafter referred to as

the ‘accused’) are guilty for unlawful offences under 304 of the Indian Penal Code, 1860.
(Hereinafter referred to as the ‘IPC’)
Accused no 1 Muralimanohar Maharaj age 42 is Uttaradhikari and Mathadishwara of the
Gokuldham Math in kesari Village of Amboli Tal. Sawantwadi. In June 2022, Complainant Mr.
& Mrs. Chougule came to Math along with their son Amit age 8. As we know that Amit was
patient of Asthma and Epilepsy. Chougule family had heard information about Asthma
Therapy and they came to Kesari.
As per complaint filed against him, He promised Chougule family that he will give best
treatment to Deceased victim Amit. And also, he advised them to discontinue all earlier
medicines of Amit. He Started treating Amit with Ayurvedic Jadibuti.
On the night of 28th June 2022 at 12.00 Accused decided to conduct a Yadnya, name
Aristnashak and Peedashamak Yadnya in closed room which called as Vyadhimuktkaksha. In
this room only Amit was present along with Accused 1 to 3. Accused no 2 Swami Niranjan
who actually conduct the said Yadnya and who inserted the alive specific small fish coated
with secret ayurvedic aushadhi in Amit’s Throat.
At 3.00 am accused no 3 shifted Amit to parents’ room and said that Amit is sleeping and
needs a rest.
In the morning means 29th June 2022 at 7.00 am Amit remained unconscious. Again,
Maharaj started a treatment with some Ayurvedik aushadhi but failed.
Afternoon at 3.00 pm Amit was admitted to Sawantwadi Hospital where doctors declare him
to be in coma. And after 8 days means on 6 July 2022 Amit was declared dead by Hospital
authorities.

1) Accused is giving this uncertified treatment to his patients, then he had also
knowledge about the fact that if the any Asthma patient didn’t get normal breathing,
then he will go unconscious and this will tend to the patient die.

Amit was kept in closed room for 3 hours. And Also there is fire of Yadnya means smoke
obviously there. Which harmful to any Asthma patient. No doubt Amit had problem of
breathing in the closed room. And if the smoke of Yadnya which he inhales then this will very
dangerous to health.
Amit had got an Attack of Asthma of during this treatment and he goes to the Coma.
According to section 304 part II of the IPC,

 304. Punishment for culpable homicide not amounting to murder. —

Whoever commits culpable homicide not amounting to murder shall be punished with
1*[imprisonment for life], or imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine, if the act by which the death is caused is done
with the intention of causing death. or of causing such bodily injury as is likely to cause
death;
or with imprisonment of either description for a term which may extend to ten years, or
with fine, or with both, if the act is done with the knowledge that it is likely to cause
death, but without any intention to cause death, or to cause such bodily injury as is likely
to cause death.

If the act is done with knowledge that it is likely to cause death but without any intention to
cause death or such bodily injury as is likely to cause death, the punishment is imprisonment
of either description for a term which may extend to 10 years, or with fine, or with both
under the second part of section 304. Knowledge is a strong word and imports a certainty
and not merely a probability. The element of knowledge is mandatory in the case for
applicability of the second part of section 304.

The nature and the number of injuries as well as their location and the weapon used lead to
conclude that to a reasonable person, an attack of the nature launched by the accused on
victim could cause his death. While it may be difficult to delve into the mind of attacker to
decode his intention knowledge for the consequences of his actions can certainly be
attributed to him. If accused had knowledge that his actions are likely to cause the death.
he was held guilty of culpable homicide not amounting to murder and held liable to be
sentenced under the second part of the section 304.

 In case of Rajni vs state 17 August 2017,

There is illustration of difference between knowledge and intention by high court of Delhi.
Which is helpful to considerate this case into fallen under second part of the 304 of IPC.

2) Accused had also knowledge that the patient had another disease which is Epilepsy.
During the treatment of Asthma, if the Amit’s had got attack of Epilepsy then the
patient goes to coma directly.
  Epilepsy and coma in Article on web by Christopher Melinosky, MD on September 11,
2022 -

A single seizure rarely produces coma. But continuous seizures -- called status epilepticus --
can. Repeated seizures can prevent the brain from recovering in between seizures. This
will cause prolonged unconsciousness and coma.

Issue 2
Whether accused 1 to 3 has guilty for the offence committed with section 35 of Indian
Penal Code, 1860?

It is humbly contended that accused 1 to 3 has guilty for the offence committed with section
35 of IPC. Accused no 1 is the main accused for the commencement of culpable homicide
not amounting to murder. And also accused no 2 is who conducted the offence under the
accused no 1. And also, there is one more offender means accused no 3 who is present there
and had taking part in the commencement of the offence.

 Accused no 1 Muralimanohar who had planned the Aristhanashak and Peedashamak

Yadnya in the closed room.
 Accused no 2 Swami Niranjan who had inserted the specific small fish coated with
secret aushadhi to the deceased Amit throat.
 Accused no 3 one disciple of Muralimanohar who is present there in the closed room
and taking part in the Yadnya.

Accused 1 to 3 are jointly offenders. Even Accused no 1 and 3 had not taking part in the
commencement of the offence directly, but presence of there is likely to commit offence.
Accused no 2 had commit the unlawful offence and criminal act according to section 304
part II of the IPC. The Accused 1 and 3 who had knowledge of the criminal act and then they
didn’t stop the Accused no 2.
Mainly, accused no 1 is who plan the act and accused no 2 who is committed it but presence
of the accused no 3 is the part of taking part in the commencement of the offence. And
that’s why according to the section 35 of the IPC Accused 1 to 3 are held liable for the
commencement of the unlawful act who are jointly offenders in this particular act.

 Section 35 of IPC-

When such an act is criminal by reason of its being done with a criminal knowledge or
intention.
35. When such an act is criminal by reason of its being done with a criminal knowledge or
intention. --Whenever an act, which is criminal only by reason of its being done with a
criminal knowledge or intention, is done by several persons, each of such persons who
joins in the act with such knowledge or intention is liable for the act in the same manner
as if the act were done by him alone with that knowledge or intention.

According to the section 35 of the IPC-

Ingredients of this section-
 Act done with criminal knowledge or intention,
 Done by several persons,
 Each of such person who joins in the act is liable

As per ingredients, there is no need to prove intention because section 35 is read with
section 304 of IPC. And Knowledge is proved in the above issue no 1.
After that, as per complaint against the accused no 1 to 3. It is presumed that Accused 1 to 3
are joint offenders in this particular act.
And lastly, Accused 1 to 3 are committed act jointly and then each of the accused is held
liable for mentioned Section 304 part II and read with Section 35 of IPC.

It is humbly submitted before the court that, The hon’ble court considered that accused 1 to
3 are held liable offence under 35 of the IPC.

Issue 3
Whether accused 1 to 3 has done offence under the Maharashtra Prevention and
Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black
Magic Act, 2013. And The Drug and Magic Remedies Act, 1954 and 1955.

It is contended before the hon’ble court that Accused no 1 to 3 commit offence under the
Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and
Aghori Practices and Black Magic Act, 2013. (Herein after referred as Anti superstition Act)

Accused commit this offence in the middle night which is presume to be a Deadly act. Also
they decided to conduct Yadnya and chanting Mantras in the middle of the night in the
closed room. Which is also unlawful regarding the Anti superstition Act.
Accused promised to treat the deceased Amit and giving treatment of uncertified medicinal
treatment which also unlawful by its nature. Also they never disclosed the content used in
the aushadhi.
When Amit fell unconscious then, next day they again treat him with secret aushadhi which
they called pure ayurvedic in nature but according to The Drugs and Cosmetics Act, 1940
they are legal practitioner of the Ayurveda and homeopathic medicine.

According to section 3 of the Anti-Superstition Act 2013,

 Section 3
3 (1) No person shall either himself or through any other person commit, promote,
propagate or practice or cause to promote, propagate or practice human sacrifice and
other inhuman, evil and aghori practices and black magic mentioned or described in the
Schedule appended to this Act.
(2) From the date of coming into force of this Act, commission of any act of human
sacrifice and other inhuman, evil and aghori practices and black magic and any
advertisement, practice, propagation or promotion of human sacrifice and other inhuman,
evil and aghori practices and black magic, in violation of the provisions of this Act, by any
person by himself or through any other person shall constitute an offence under the
provisions of this Act, and the person guilty of such offence shall, on conviction, be
punished with imprisonment for a term which shall not be less than six months but which
may extend to seven years and with fine which shall not be less than five thousand rupees
but which may extend to fifty thousand rupees.

In this case Accused no 1 who is chief Person of referred Math is advertising his practice of
treatment and conducting such type of therapy of disease. Then this resulting to invoke the
section 3 of the Anti-superstition Act,2013.

Also this Act has connected provision are mentioned in The Drugs And Magic
Remedies(Objectionable Advertisements) Act, 1954 and also schedules in the Act of 1955.

According to The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

 Definition of Magic Remedy in Section 2 (c)

(c) „magic remedy‟ includes a talisman, mantra, kavacha, and any other charm of any
kind which is alleged to possess miraculous powers for or in the diagnosis, cure,
mitigation, treatment or prevention of any disease in human beings or animals or for
affecting or influencing in any way the structure or any organic function of the body of
human beings or animals;
In this section reference of Mantra is directed to the act done by Accused who is chanted
mantra in the Yadnya. And giving treatment to Amit.

 Section 3
3. Prohibition of advertisement of certain drugs for treatment of certain diseases and
disorders. —Subject to the provisions of this Act, no person shall take any part in the
publication of any advertisement referring to any drug in terms which suggest or are
calculated to lead to the use of that drug for—
(a) the procurement of miscarriage in women or prevention of conception in women; or
(b) the maintenance or improvement of the capacity of human beings for sexual pleasure;
or
(c) the correction of menstrual disorder in women; or

2[(d) the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or
condition specified in the Schedule, or any other disease, disorder or condition (by
whatsoever name called) which may be specified in the rules made under this Act:
Provided that no such rule shall be made except—
(i) in respect of any disease, disorder or condition which requires timely treatment in
consultation with a registered medical practitioner or for which there are normally no
accepted remedies; and
(ii) after consultation with the Drugs Technical Advisory Board constituted under the Drugs
and Cosmetics Act, 1940 (23 of 1940), and if the Central Government considers necessary,
with such other persons having special knowledge or practical experience in respect of
Ayurvedic or Unani systems of medicines as that Government deems fit]

This section refers to this case where that said Math established for the diagnosis for the
Asthma patient. Which one type of advertisement.

 Section 5
5. Prohibition of advertisement of magic remedies for treatment of certain diseases and
disorders.—
No person carrying on or purporting to carry on the profession of administering magic
remedies shall take any part in the publication of any advertisement referring to any
magic remedy which directly or indirectly claims to be efficacious for any of the purposes
specified in section 3.

This section refers to this case where conducting Yadnya at midnight and chanting Mantras
where this type of treatment is cover under the magic remedies in this act.

 Section 7
7. Penalty. —Whoever contravenes any of the provisions of this Act 3 [or the rules made
thereunder] shall, on conviction, be punishable—
(a) in the case of the first conviction, with imprisonment which may extend to six months,
or with fine, or with both;
(b) in the case of a subsequent conviction, with imprisonment which may extend to one
year, or with fine, or with both.

This section refers to this case to denote punishment for various types of offences done by
such persons (Accused).

Therefore, it is humbly submitted before this Hon’ble Court that the accused is guilty for the
offence of Culpable Homicide Not Amounting to Murder, given that requisite knowledge and
act committed by several person and Black Magic is established from the facts of the case,
beyond a reasonable doubt.
 PRAYER
Wherefore, in light of the issues raised, arguments advanced and authorities cited, may this
Hon’ble Court be pleased to:
1. Convict Muralimanohar and 2 others for the offence of Culpable Homicide Not
Amounting to Murder. Under section 304 and read with 35 of the Indian Penal
Code,1860.

2. Declare a sentence of rigorous imprisonment for a term which may extend to ten
years, and also be liable to fine under section 304 of the Indian Penal Code,1860.

AND/OR
Pass any order it may deem fit, in the interest of Justice, Equity and Good Conscience.

All of which is most humbly and respectfully submitted

Place:
S/d____________
Date: PUBLIC PROSECUTOR