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Moot court Memorial for the Prosecution

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NOVICES INTRA TRIAL ADVOCACY MOOT COURTCOMPETITION,

2022

BEFORE THE COURT OF SESSIONS

AT NISSAR

STATE OF JASHPURA

(PROSECUTION)

v.

Dr. JETHALAL VERMA AND ORS.

(DEFENCE)

FOR OFFENCES CHARGED UNDER:

SECTION 304-B, 306, 498-A, 120-B, 34 ofTHE INDIAN PENAL CODE, 1860
Section 4 of Dowry Prohibition Act, 1961

UPON SUBMISSION TO THE HON’BLE SESSIONS JUDGE

MEMORANDUM ON BEHALF OF THE PROSECUTION

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TABLE OF CONTENTS

TABLE OF CONTENTS

Table of Contents ii

List of Abbreviations iii

Index of Authorities iv

Table of Cases iv

Books vi

Lexicons vii

Websites vii

Statutes vii

Statement of Jurisdiction viii

Statement of Facts ix

Statement of Charges x

Prayer 16

MEMORANDUM ON BEHALF OF THE PROSECUTION

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LIST OF ABBREVIATIONS

LIST OF ABBREVIATIONS

AIR All India Reporter

All Allahabad High Court
Cal Calcutta High Court
Cri LJ / Cr LJ Criminal Law Journal
Cr.P.C. Code of Criminal Procedure
Del Delhi High Court
DW Defence Witness
Ed. Edition
Guj Gujarat High Court
IPC Indian Penal Code
IC Indian Cases
Mad Madras High Court
n. Foot Note no.
Ori Orissa High Court
p. Page No.
P&H Punjab and Haryana High Court
Pat Patna High Court
PW Prosecution Witness
Raj Rajasthan High Court
SC Supreme Court
SCC Supreme Court Cases
SCJ Supreme Court Journal
SCR Supreme Court Reporter
Sec. Section
v. Versus

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INDEX OF AUTHORITIES

INDEX OF AUTHORITIES

TABLE OF CASES:

1. Shriram Pandey and Ors . vs . State of Madhya Pradesh ( 22 . 03 . 2013 - CGHC )

2. Krishna vs . State of U . P . ( 29 . 05 . 2017 - ALLHC )

3. Rekha and Ors . vs . State of U . P . and Ors . ( 05 . 02 . 2021 - ALLHC )

4. Goverdhan Lal Sachdeva vs . State ( 01 . 10 . 1996 - DELHC )

5. Lachman vs . State of Haryana ( 11 . 02 . 2016 - PHHC )

6. Shashi Nath Mishra and Ors . vs . The State of Bihar and Ors . ( 19 . 09 . 2016 -
PATNAHC )

7. State and Ors . vs . Mittalal Nahar and Ors . ( 04 . 02 . 2002 - MADH

8. Kanwar Singh Meena vs . State of Rajasthan and Ors . ( 16 . 10 . 2012 - SC )

9. Rohitbhai Jivanlal Patel vs . State of Gujarat and Ors . ( 15 . 03 . 2019 - SC )

10. Satbir Singh and Ors v. State of Haryana, 2021

BOOKS:

1. R.V. Kelkar's Criminal Procedure by K.N. Chandrasekharan Pillai

2. PSA Pillai's Criminal Lal

3. Ratanlal & Dhirajlal's the Code of Criminal Procedure (Act II of 1974)

4. Criminal Procedure Book by C. K. Thakker and M. C. Thakker

5. Commentary on the Indian Penal Code : as amended by the Criminal Law

(Amendment) Act, 2018 (Act No. 22 of 2018) Authors:K. D. Gaur (Author), P. V.
Reddi

6. Ratanlal and Dhirajlal, The Indian Penal Code, 33rd Ed. (2011)

7. Ratanlal and Dhirajlal, The Law of Evidence, 22nd Ed. (2006)

8. Sarkar, Law of Evidence, (13th Ed,1990)

9. Saxena & Gaur, Arms and Explosives, (10th Ed. 2012)

10. Sharma, B.R., Forensic Science in Criminal Investigation & Trials, (4th Ed. 2003)

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INDEX OF AUTHORITIES

WEBSITES:

1. http://www.findlaw.com

2. http://www.judis.nic.in

3. http://www.manupatra.co.in/AdvancedLegalSearch.aspx

4. http://www.scconline.com

STATUTES:

1. The Code of Criminal Procedure, 1973 (Act 2 of 1973)

2. The Indian Evidence Act, 1872 (Act 18 of 1872)

3. The Indian Penal Code, 1860 (Act 45 of 1860)

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STATEMENT OF JURISDICTION

STATEMENT OF JURISDICTION

The Hon’ble Court has jurisdiction to try the instant matter under Section 177 read with

Section 209 of the Code of Criminal Procedure, 1973.

Section 177:

‘177. Ordinary place of inquiry and trial-

Every offence shall ordinarily be inquired into and tried by a Court within whose local

jurisdiction it was committed.’

Read with Section 209:

‘ 209. Commitment of case to Court of Session when offence is triable exclusively by it-

When in a case instituted on a police report or otherwise, the accused appears or is brought

before the Magistrate and it appears to the Magistrate that the offence is triable exclusively

by the Court of Session, he shall-

(a) commit the case to the Court of Session;

(b) subject to the provisions of this Code relating to bail, remand the accused to custody

during, and until the conclusion of, the trial;

(c) send to that Court the record of the case and the documents and articles, if any, which

are to be produced in evidence;

(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.’

MEMORANDUM ON BEHALF OF THE PROSECUTION

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STATEMENT OF FACTS

STATEMENT OF FACTS
1. Babita is a 24 year old woman who is an IT professional working at Technosys, a multi-

national company. She was recruited in the month of January 2022 by the MNC through

campus placement. Babita is the only daughter to her parents and they live at Dillai district in

the state of Jashpura. She is very sensitive in nature. For the very same reason, she found the

deadlines and volume of work very tiresome and stressful. After two months of joining,

Babita’s parents fixed her marriage with one Jethalal, who is a Doctor by profession. He

resides in the neighbouring district Nisar with his parents. His sister Daya, who is a divorcee,

also stays in the same house.

2. Babita and Jethalal had taken two weeks leave for their marriage. They tied the knots on

2nd April 2022. After marriage, Babita moved into Jethalal’s house. On the very next day of

marriage, Jethalal’s mother suggested Babita to hand over all her gold ornaments for safe

custody. Though hesitant, she handed over the same as she didn’t want to offend her mother-

in-law. When she informed the matter to Jethalal, he responded that his mother took the gold

for keeping it in the locker. The next day, the family had to attend a function and Babita was

shocked and surprised to see that her mother-in-law and sister-in-law were wearing her

ornaments. When she mentioned this to Jethalal, he said that the gold was never meant for

Babita and it was a gift to his family. On returning home, Daya called Babita into her room

and said that she has plans to sell Babita’s gold ornaments as they looked very cheap. Daya

also mocked at Babita and mentioned that Babita’s parents were frauds who neither gave

what was promised nor assured quality. Babita burst into tears and went to her bedroom.

When she complained to Jethalal, he said that Babita was very insensitive and scolded her.

3. As she was on leave for a week, Babita had a huge backlog and so many deadlines to meet.

Babita had a daily three hour journey by train to reach her office at Rustri and most of the

time she was late. In the month of May, 2022, she was warned by the HR Department for

repeated instances of late punching. By the end of June, as she had voluminous work to

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finish, Babita missed two of her important project deadlines which resulted in loss of clients.

On 1st July, 2022, her superior lashed out at her and warned that she will be fired if she is

unable to bring back the clients before the month end. Babita was stressed and could not think

of any way to bring back the clients

4. Next day morning, Babita was seen hanging in a bedroom downstairs at Jethalal’s house.

Police was informed about the death. Babita’s parents also reached Jethalal’s house. Babita’s

parents blamed Jethalal and family for the death of their daughter within three months of

marriage. Daya responded by stating that their daughter was stressed about her job and she

committed suicide out of work pressure.

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STATEMENT OF CHARGES

STATEMENT OF CHARGES

CHARGE –

SECTION 304-B, 306, 498-A, 120-B, 34 ofTHE INDIAN PENAL CODE, 1860
Section 4 of Dowry Prohibition Act, 1961

MEMORANDUM ON BEHALF OF THE PROSECUTION

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SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2013 10

SUMMARY OF ARGUMENTS

1. Babita was a working women who got married to Dr Jethalal verma, she was forced to
transfer her ancestral property in the Jethalal’s name they also mocked her about the
dowry she brought. This clearly shows they constantly harassed and mentally torched
her. Amounting to Dowry.

2. As per Dr . Sundar Shetty who is a forensic surgeon, who conducted the post mortem
on the body of the deceased has testified that according to the post mortem report 0.35
BAC(Blood alcohol content) has been found in her body and such amount will put the
person at high risk with control and possible loss of consciousness. So how that person
would hang herself to suicide. In the external examination by Dr Sundar Shetty it was
observed that there were lacerations( a cut typically caused by a sharp object) marks on
her left shoulder and also some abrasion( surface layer of the skin has been removed)
present over both the wrist and knees, this clearly proves that she resisted herself but at
last butally killed and hanged by husband Dr Jethalal.

3. As state by Mrs. Madhavi Nath who is house maid of verma’s family from past 5 years
have testified that babita was very kind person and hers in laws always used to pick up
fights with her for no reasons and she heard some noises at 3:30 A.M and saw Dr
Jethalal going up his bedroom. And post mortem report also proves that Mrs Babita
died around 3:00 – 4:00 A.M and at the same time, Mrs. Madhavi saw Dr. Jethalal
coming out from the deceased’s room.

11. As per the guidelines given by the supreme court in the case of Satbir Singh and Ors.
v. State of Haryana, 2021 the supreme court gave certain essential guidelines
regarding Dowry death

➢ A woman’s death is caused by burns, bodily injury, or something else other than normal
circumstances.
➢ It should take place within seven years after the marriage.
➢ It should also be established that she was subjected to cruelty or harassment by her
husband or any of his relatives shortly before her death.
➢ Such harassment or cruelty should pertain to dowry demands.
➢ This clause makes the offence punishable by imprisonment for a period of not less than
seven years, but up to life.

All these essentials have been fulfilled in the present case.

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SUMMARY OF ARGUMENTS

PRAYER
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PRAYER
1)Wherefor In light of issue raised arguments advanced and authorities cited, may this hon’ble
court be please to first convict Dr Jethalal Verma and his Sister, Mother, Father for the offence
of committing the offence of dowry death under section 304B, 498A, and for the offence of
criminal conspiracy under section 120B, 34 of Indian Penal Code 1860

2)Declare a sentence of rigorous imprisonment for a term which shall not be less than 7 year but
which may extend to imprisonment to life.

AND/OR

Pass any other order it may deem fit in the interest of justice equity and good conscience All of
which is most humbly and respectfully submitted

All of which is most humbly and respectfully submitted

Place: Nissar S/d

Date: 5 sept PUBLIC PROSECUTOR

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