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STATE OF MAHARASHTRA
(PROSECUTION)
V.
SHIVRAJ MANE
(DEFENDENT)
1
Table of Contents
List of Abbreviations 3
Index of Authorities 3
Statement of Jurisdiction 4
Statement of Facts 5-6
Statement of Charges 7
Summary of Arguments 8
Prayer 9
List and Documents of Annexures 10-32
VAKALATNAMA 33-34
2
LIST OF ABBREVIATIONS
& And
AIR All India Report
Anr. An other
IPC Indian Penal Code
Cr.P.C. Code of Criminal Procedure
Hon’ble Honorable
CriLJ/Cr.LJ Criminal Law Journal
No. Number
Ors. Others
r/w Read with
Retd. Retired
S./Sec. Section
St. State
u/s Under Section
v. Versus
Index of Authorities
WEB SITES:
1. http://www.scconline.com
2. http://www.manupatrafast.com
3. http://www.findlaw.com
4. http://www.judis.nic.in
5. http://www.indiankanoon.com
STATUTES:
3
STATEMENT OF JURISDICTION
The prosecution most humbly submits before the Hon’ble court that this court has the
jurisdiction to try this matter,because the com plaint has been submitted in the police station
which comes under the juridction of this court ,at Dharashiv.
The Counsels for the Prosecution most respectfully submit to this jurisdiction of the
Hon’ble Sessions Court
4
STATEMENT OF FACTS
1. Nikhil Shendage S/O Satish Shendage lives in Near Zp school, Samata colony
Dharashiv with his Family (Mother,Father,Wife & Daugher) From last 7 Years Nikhil is
a Farmer & His wife is Housewife.His Relation with other colony members is Good &
2. The accused Shivraj who is resident of same locality (R/O:-Near ZP, School, Samata
Colony Dharashiv) Working profession is Labour and known to the Nikhil, Shivraj And
3. On Date 08th JAN 2024 Shivraj Come with Nikhil in his Farm to Work as a lobour but
Shivraj didn’t work he gave a reason that he is Suffering From body pain and went to
go back to the home. He takes advance money for the laboring work but he didn’t
complete it
4. On 18.01.2024, at approximately 06:00 PM, the Nikhil, come outside & engaged in
5. Shivraj is a resident of the same locality and known to the Nikhil approached him at
that moment and demanded Rs. 200/- for the purpose of consuming liquor.
6. Nikhil refused to comply with the demand for money, which led to the accused,
7. Subsequently, Shivraj verbally abused Nikhil and then proceeded to physically assault
him.
8. Shivraj attacked Nikhil from behind, inflicting a blow with a sharp razor (vastara) on the
9. Upon witnessing the incident, by standers gathered at the scene and apprehended the
justice.
11. Upon receiving the report, the police referred Nikhil to the government hospital for
These facts constitute a clear case of assault and infliction of bodily harm by
the accused Shivraj upon the Nikhil , necessitating legal action and
6
STATEMENT OF CHARGES
Charge
Shivraj has committed a criminal offense under the Indian Penal Code (IPC). The relevant
sections applicable to this case are:
7
SUMMARY OF ARGUMENTS
ISSUE I: Whether Shivraj is guilty under section 307 IPC for attempting murder
of Nikhil ?
It is submitted before the Hon’ble court that the accused, Mr.Shivraj had committed the
offense of attempting to murder the victim. He inflicted a blow with sharp razor (vastara)
on the neck of the Nikhil, already proves actus rea.The mens rea can be seen by the
type of weapon and wound along with part of the body attacked. The essential
The counsel humbly submit that Shivraj is guilty of causing grievous hurt to Nikhil in
order to give a free rein to his enmity, there by being an offender under Section 325 of
committing murder or for that matter a hurt. Whether a particular article can per se
cause any serious wound or grievous hurt or injury has to be determined factually. 37
In a case, the appellants were held guilty under the section for causing a grievous hurt
8
PRAYER
Charges
That the accused Shivraj be charged with the offense of assault under relevant sections of
the law.
That the court ensures appropriate legal action against the accused for his violent actions.
That the court considers the severity of the injury sustained by the informant Nikhil and
delivers justice accordingly.
That the accused Shivraj be held accountable for his actions and face appropriate
consequences to deter future occurrences of such violence in the community
AND/OR
Pass any other order it may deem fit,in the interest of Justice ,Equity and Good Conscience.
9
LIST OF ANNEXURES
D-5 Panchnama .
10
FINAL FORM / REPORT
1. . Dist: Dharashiv P.S:- Anand Nagar. Year:- 2024 FIR No: 116/2024
Date:-18/01/2024
3. . Date:- 02/02/2024
11
Sl. Estimate P.S. From
No Property value(in Rs.) property whom/where
description Register recovered or Disposal
No. Seized
Sl.No.
12
(xv) Date on which forwarded to Court:- 03/02/2024
(xvi). Under Acts & Sections:- Sections 307-324-506 OF IPC
(xvii). Name(s) and Address(es) of sureties: By Aadhar
(xx) Any special remarks including reasons for not charge sheeting: NA
13
13. Particulars of witnesses to be examined:
Father’s Nature Of
Sl.
No. Name Husband’s . Date/year Being a
of Occupation Address
Name
birth Whitness
1 2 3 4 5 6 7
Near ZP
3 Swaraj Kadam Amar Kadam NA Public school,
Servant Samata P.W.2
Nagar
Dharashi
v
NA INVESTIGA
4 Abhishek Kadam Audumbar NA P.S.I. TING
OFFICER
14
14. Mention the action taken u/s. 182 /211 of the Indian Penal Code if the
first information is false:-
Action Requested:
Additional Information:
15
17. Refer Notice served Yes
18. Date:02/02/2024
16
REPORT OF INVESTIGATING OFFICER
(UnderSection173Cr.P.C.)
3. Acts/Section(s):
4. TypeofChargeSheet:Original
Charge Sheetagainst:
Shivraj
7. I.O.:Virendra ;Rank:Inspector
8. Complainant:Nikhil Shendage
iii. Medical reports showing the wound details of Nikhil are marked as
Forensic Report showing that Blood Stained Samples match with that of victimis
Marked
17
10. Particularsofaccusedpersonschargesheeted:
On behlf of the informant Nikhil, Rohit Lomte and Swaraj Kadam went the
police station and reported the matter to the police. The police referred the
informant to government hospital for medical examination.
(Virendra)
(InvestigatingOfficer)
18
FIRST INFORMATION REPORT
(Under Section 154 Cr.P.C)
(c) General Diary Reference: Entry No(s) -20 Time 7.15 p.m.
(c) In case outside limit of this Police Station, then the name of P.S.
District- Dharashiv :- NA
7. Complainant / information :
14. Action taken: Since the above report reveals commission of offence (s) u/s as
mentioned at Item No. 2. registered the case and took up the investigation/
direction :- Abhishek Audumbar Kadam Rank :- Police Sub Inspector to
take up the investigation transferred to P.S:- Anand Nagar on point of
jurisdiction.
20
Signature of the Officer-in-charge
21
ANNEXURE
S. NO NAME&ADDRESSOFTHEWITNESS Annexureno.
22
ANNEXURE-2(1)
Statement of Nikhil:
On 18.01.2024 at about 06.00 pm I was washing his hands and face Infront of his
house. The Shivraj who is resident of same locality and known to the me, came
there and made a demand of Rs 200/- for consuming liquor. Nikhil refused to pay the
money. The accused Shivraj got annoyed. The accused Shivraj abused me .Shivraj
came behind the me and inflicted a blow with sharp razor (vastara) on the neck. I
sustained bleeding injury. After seeing the incident people gathered on the spot and
they apprehended the Shivraj. Rohit and Swaraj are the resident of the same colony
and also the neighbor of I and Shivraj and they are the main eye witnesses of the
incident.
23
ANNEXURE-2(2)
Statement of Witness
STATEMENT
My Name is Rohit Lomte. R/O. Samata Colony Dharashiv. Near Zilla Parishad School I
am Neighbor of Nikhil Shendge, on Dated 18/01/2024 the time of about 6.00 pm That
day I was walking outside my house, Shivraj also lives in our colony, 18/01/2024 Nikhil
was washing his hands and feet standing outside his house At that time, Shivraj
approached Nikhil and started demanding RS. 200 (Two Hundred rupees) For drinking
alcohol, but Nikhil refused to pay money, My barber shop is right there Shivraj ran in
anger pulling the razor from my hand and ran to Nikhil and started cursing him After that
Shivraj threatened to Nikhil that he will kill him and he will started abusing immediately
stabbing him on Nikhil’s neck with a sharp blade (vastara), during fight Nikhil was trying
to stop him, at that time Swaraj and I come to the spot and took Nikhil to the police
station police officers refered Nikhil to go to gov hospital, After Nikhil was admitted to
the hospital, Swaraj and I filed the FIR on behalf of Nikhil.
I, being of sound mind and body do hereby declare that the information I have
provided in this report is true and correct to the best of my knowledge. My statement
contains everything I can recall.
24
ANNEXURE-2(3)
Statement of Witness
STATEMENT
My Name is Swaraj Kadam. R/O. Samata Colony Dharashiv. Near Zilla Parishad School
I am Neighbor of Nikhil Shendge, on Dated 18/01/2024 the time of about 6.00 pm That
day I was walking outside my house, Shivraj also lives in our colony, 18/01/2024 Nikhil
was washing his hands and feet standing outside his house At that time, Shivraj
approached Nikhil and started demanding RS. 200 (Two Hundred rupees) For drinking
alcohol, but Nikhil refused to pay money, After that Shivraj threatened to Nikhil that he
will kill him and he will started abusing immediately stabbing him on Nikhil’s neck with a
sharp blade (vastara), during fight Nikhil was trying to stop him, at that time Rohit and I
took Nikhil to the police station police officers refered Nikhil to go to gov hospital, After
Nikhil was admitted to the hospital, Rohit and I filed the FIR on behalf of Nikhil.
I, being of sound mind and body do hereby declare that the information I have
provided in this report is true and correct to the best of my knowledge. My statement
contains everything I can recall.
25
PANCHNAMA
1. Name and place of police Station:- Anand Nagar Police station Dharashiv.
(Shivraj)
26
ARREST MEMO IN CC-116/2024/BPS/BCB/BIL
5. Accused No.1
Near ZP school
Samatacolony
Dharashiv-413501
Age/DateofBirth : 30years,(DOB:NA)
Colony Dharashiv
27
Statement of Accused:
Nikhil and I are the neighbours from long period of time, Nikhil and I used same
road for travel towards our home and markets also, One day When I was drunked,
Nikhil and I From some reason Shouted with each other. Nikhil is the farmer From
same locality and I am the labour from same locality, on 18/01/2024 at approx
time 06.00 pm, I need help from some one for my hospital expenses then I realize
Nikhil was my neighbour then I go towards his house for 200rs help at that time
Nikhil was washing his hands and face in front of house, Nikhil thinks am I ask
money for drink a liquor and he shouted on me and refused to pay the money I got
annoyed. Then at the moment get angey and abused to Nikhill. Then I go behind
the Nikhil and attack on Nikhil with a blow of sharp razor (vastara) on the neck of
the Nikhil. The Nikhil sustained bleeding injury. After seeing the incident people
gathered on the spot and they apprehended me but there is no any intention or
motive to harm or attempt any kind of damage to Nikhil, it will happen on out of
sudden anger.
28
GOVERNMENT GENERAL HOSPITAL
MEDICAL REPORT
Personal statement of the candidate:
1. Name in full (incapitalletters,surnamefirst):Nikhil
2. Sex: MALE
3. Address:-Near ZP school , Samata colony Dharashiv.
4. Dateofbirth:20/05/1995
5. Married/Single:MARRIED
6. Personal History:
A. HistoryofBleedingfromGastro-
intestinalTrack,GastricorDuodenalUlcers, Appendicitis, Internal Piles,
Typhoid, Jaundice, etc, Give details: NIL
B. HistoryofAsthma,Tuberculosis,SpittingofBlood,Pleurisy,Breathlessness,
etc., Give details: NIL
C. HistoryofPalpitation.Faintingspells,PainontheChest,
Breathlessnessonexertion,
cyanosis,RheumaticfeverwithJointpains,SwellingofLegs,Faceetc.,Givedetails:
NIL
D. HistoryofBleedingofUrinaryTract,PainfulUrinationpassingofstonesorgivenin
Urine etc., Give details: NIL
E. HistoryofFits,Paralysis,Neurasthenia,NervousBreakdownetc.,Givedetails:NIL
7. Family History:
A. HeartDisease&Hypertension:-NIL
B. Tuberculosis:-NIL
C. KidneyDisease:-NIL
D. Anyotherseriousailment:NIL
I here by declare that
the above statements are correct other best of my knowledge.
PLACE: Dharashiv
DATE:19/01/2024
(ThumbimpressionoftheCandidate)
Signedinmypresence
Shivraj DR.Shivani Dhavne
29
REPORT OF THE MEDICAL EXAMINER
Best Weight : 80 KG
Temperature : 98 FAHRENHEIT
Identification Marks:
1. BLACK MOLE ON THE RIGHT PALM
2. BLACK MOLE ON THE RIGHT EARD
DOCTORS DISCRIPTION:-
When Nikhil was brought to the hospital, her neck was bleeding. We immediately took
her to ICU. Upon examination, we found that the trachea is cut but the arteries were
fine. It was the small vessels that started bleeding. The situation was critical so we
performed the surgery without any delay. The patient is out of danger and recovering.
XRAY
REPORT
Name: Nikhil
CategoryofPost: PATIENT
HEART:NORMAL
LUNGS: NORMAL
30
MEDIASTINUM : NORMAL CP ANGLES : NORMAL BONY CAGE : NORMAL
Is there any thing in the health of the patient likely to render him/her unfit for the
efficient discharge of his/her duties in the service for which he / she is a patient :
UNFIT
Place: Dharashiv
Date:19/01/2024
31
32
Sanad No. G/03/2014
VAIBHAV.B.BAIRAGI
(Advocate)
Address:-Sanja Road, Dharashiv. PinCode: 413501
V/S
Above named Mr. Nikhil Satish Shendage do hereby appoint and authorize Mr:
Vaibhav Bandu Bairagi, B.A, LL.B, ADVOCATE of Bar Council of India. MO.NO.
7272020220 to act, appear and plead for me/us in the above matter with
authority to refer the matter to arbitration, to compromise or to withdraw the same
from the court.
I/We further declare that I/We shall inquire with the advocate about every
adjournment that may be granted by the court and shall remain present on every
33
occasion in the court when my/our presence will be necessary looking to the
circumstances of the case and it shall be none of your duty to inform the same to
me/us. I/We shall be responsible, if, I/We fail to remain present as and when
required in the matter.
ACCEPTED SIGNATURE
Vaibhav Bairag
ADVOCATE FOR
State of maharashtra.
34