Witness Examination Competition Hypothetical

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 15

0

INDEX

FIRST INFORMATION REPORT (FIR) 2


CHARGESHEET 4
STATEMENTS UNDER SECTION 161 CRPC 6
STATEMENTS UNDER SECTION 164 CRPC 8
SEIZURE LIST 11
AUTOPSY REPORT 12
SITE PLAN 14

1
FIRST INFORMATION REPORT (FIR)

(Under Section 154 of the Criminal Procedure Code)

Police Station - Dholakpur

District – Botakpur

1. Personal details of the Complainant / Informant:

(a) Name - Nisha Kapoor

(b) Father's / Husband's Name – Virat Kapoor

(c) Address - Village Govindapur, P.S.- Dholakpur, District- Botakpur

(d) Phone number & Fax - 0012367890

(e) Email: nisha@gmail.com

2. Place of Occurrence:

a) Distance from the police station: 5kms

b) Direction from the police station: towards the east

3. Date and Hour of Occurrence: 28/03/2023 and at 6:30 AM

4. Offense:

a) Nature of the offence (e.g. murder, theft, rape, etc.) murder

b) Section (To be decided/written by Office only) - 302 Saurashtra Penal Code (SPC)

c) Particulars of the property (in case one has got stolen): - N/A

5. Description of the accused (if any): N/A

6. Details of witnesses (if any): N/A

2
7. Complaint: Briefly lay down the facts regarding the incident reported in an accurate way.

Around 6:30 A.M. On 28.03.2023 alteration over some domestic issues took place between my
husband, Virat Kapoor and his son Rinku Kapoor inside the house. Rinku Kapoor hit his father
Virat Kapoor on head with a brass statue. As a result, my husband Virat Kapoor sustained grievous
injury on his head, and becoming unconscious, he fell down on the ground. Rinku Kapoor
immediately fled from the house. Having seen the grievous injury of my husband, I immediately
took him to Saif Hospital. My husband succumbed to his injuries Immediately after I got him
admitted into Saif Hospital.

Hence FIR is hereby being registered. Copies of FIR are being sent to Ld. Court and higher
authorities.

Action Taken: Since the above information reveals commission of offence(s) u/s as mentioned
therefore, registered the case and took up the investigation.

Signature of Complainant Signature of Officer In Charge, Police Station

3
CHARGESHEET

(Under Section 173(2) of the Criminal Procedure Code)

A summary of the case is that around 12:00 P.M. on 28.03.2023, informant Smt. Nisha Kapoor
W/o - Lt. Virat Kapoor, R/o- Village Govindapur, P.S.- Dholakpur, District- Botakpur, lodged an
FIR with this P.S. alleging that around 6:30 A.M. on 28.03.2023 an altercation over some domestic
issues took place between her husband and his son Rinku Kapoor inside the house; that Rinku
Kapoor hit his father Virat Kapoor on head and body with a brass statute; that as a result, her
husband Virat Kapoor sustained grievous injury on his head and body and that the injured was
immediately taken to Saif Hospital for treatment but unfortunately her husband Virat Kapoor
succumbed to his injuries. Upon receipt of the FIR, the officer in charge of the PS registered an
FIR vide No. 79/2023 u/s 302 SPC and the matter was duly investigated.

In the course of investigation, as shown by the informant, the place of occurrence was visited, the
witnesses were examined, and their statements were recorded. In the course of investigation it was
found that at around 6:30 A.M. on 28.03.2023 an altercation over some domestic issues took place
between the deceased and his son Rinku Kapoor inside the house; that Rinku Kapoor hit his father
Virat Kapoor on head and body with a brass statue; that as a result, Virat Kapoor sustained grievous
injury on his head and body; that the injured was immediately taken to Saif Hospital for treatment
but injured Virat Kapoor succumbed to his injuries at Saif Hospital. After holding inquest on the
dead body, post-mortem examination was done on it and a report thereof was collected. Having
found incriminating material against the accused, he was arrested and forwarded to the court. As
the case of committing an offense punishable u/s 302 IPC has been found well established against
the accused, I am going to submit this charge sheet against him under the said section of law.

4
I pray to the Hon’ble Court to issue summons to the witnesses for recording of their evidence.
Enclosed herewith autopsy report of the deceased, a sketch map of the place of occurrence and a
seizure list.

Sd/- Chulbul Pandey

PS- Dholakpur

Dt. 09/04/2023

5
STATEMENTS UNDER SECTION 161 CRPC

Witness No. 1: Mrs. Nisha Kapoor

PW-1, Smt. Nisha Kapoor who is the second wife of deceased Virat Kapoor -cum-informant of
the case. It is her version that on the date of incident she was present in her residence along with
her husband. Both of them were talking to each other. At that time, accused Rinku Kapoor entered
the house in an inebriated condition. The accused assaulted his father, i.e., her husband with the
help of a brass statue. She witnessed the incident of assault as she was present with the husband
i.e., father of the accused. After the assault, her husband fell down on the ground. He was shifted
to Saif Hospital where he succumbed to his injuries. She further stated that the accused does not
go to work but used to consume alcohol everyday. Thereafter, she lodged an FIR before the police.
Further version of this witness is to the effect that when police arrived at her residence she
produced the brass statue which was used in the commission of offense by the accused.

Witness No. 2: Akshay Grover

PW-2, Sri Akshay Grover divulged during his testimony that on the date of incident he heard
shouts coming out from the house of the accused. He immediately arrived at the house of the
accused and witnessed the gathering of many people there. He also witnessed one Ambulance and
police there. Police directed him to keep the injured in the Ambulance, which he did. It is his
further version of PW-2 that he asked the informant Smt Nisha Kapoor [PW-1] about the incident,
to which, the informant narrated before him that the accused entered into the house in an inebriated
state, thereafter assaulted his father with the help of a brass statue as a result of which deceased
father fell down on the ground. It is further stated by this witness that the accused worked as a
casual worker.

Witness No. 3: Vedant Makhanwala

PW-3, Sri Vedant Makhanwala is the neighbor of the accused. This witness during his testimony
deposed that he came to know about the incident from the villagers and thereafter visited the house
of the accused. He met the stepmother of Accused who disclosed to him that she doesn't know
anything regarding the incident. At that time the accused was absconding from his house. He

6
witnessed the dead body lying in the room. Later on, the accused was found present in the house
of his uncle where he was hiding after the incident.

Witness No. 4: Sri Kumar Bhosle

PW-4 is to the effect that on the date of incident he went to Pritampur and returned back home
after thirteen days of incident. He came to know from people that the accused had murdered one
person named ‘Shibu’.

7
STATEMENTS UNDER SECTION 164 CRPC

Witness No. 1 - Mrs. Nisha Kapoor

I vividly recall the events of the incident. On that day, my husband and I were having a
conversation in our home when the accused, Rinku Kapoor, barged in, clearly intoxicated. Without
warning, he viciously attacked my husband with a brass statue. I was right there beside my husband
and witnessed the entire horrifying assault unfold before me.

The force of the attack caused my husband to collapse to the ground in agony. We wasted no time
in rushing him to Saif Hospital for treatment where despite the best efforts of the medical staff,
my husband tragically succumbed to his injuries.

Rinku Kapoor had a notorious reputation for his daily alcohol consumption and habitual
unemployment. This incident was a culmination of his reckless behavior and violent tendencies.

After the incident, I promptly filed a complaint with the police, providing them with all the
necessary details. When they arrived at our residence to investigate, I cooperated fully. During
their search, they discovered the brass statue, which they seized as potential evidence.

Witness No. 2 - Akshay Grover

I heard loud noises coming from the Kapoor residence. I ignored it for a while but as it continued,
I made my way to the scene and found a crowd gathered outside, along with ambulance and police
personnel. Upon arrival, the police instructed me to assist in placing the injured individual into the
ambulance, which I did.

I then approached the informant, Nisha Kapoor, to inquire about the events that transpired.
According to the informant's account, the accused, in an inebriated state, had entered the house
and proceeded to assault his father with a brass statue, causing him to collapse onto the ground.

8
I am aware of the circumstances that led to the altercation between the accused and the deceased
but I am unable to recall. Furthermore, I did not personally witness the assault taking place.

Witness No. 3 - Sri Kumar Bhosle

On the day of the incident, I went to Pritampur and returned home after thirteen days. Upon my
return, I learned from people in the neighborhood that the accused had allegedly murdered
someone named ‘Shibu’.

Witness No. 4 - Vedant Makhanwala

I became aware of the incident through my wife, approximately one day after it occurred. Members
of my family also informed me that the accused had allegedly murdered his own father, a fact that
was disclosed to them by Nisha Kapoor.

The police did not formally question me regarding the incident. I admit that I personally didn't
have direct knowledge of the events. Instead, I relied on information gathered from nearby
individuals and family members. Furthermore, I did not visit the residences of either the accused
or the deceased following the incident.

Witness No. 5 - ASI Malay Kumar

On that day, I received a telephone call from Govindapur informing me about a quarrel at the
residence of Virat Kapoor. The caller further detailed that Rinku Kapoor, the son of Virat Kapoor,
had allegedly assaulted his father with a brass statue. I promptly recorded this information in the
General Diary Register, entry number 123, dated 28.03.2023. Following the directive from the
then Officer-in-charge of Dholakpur P.S., I was instructed to proceed to the scene of the incident
and take necessary actions.

Upon arrival at the scene, I observed Virat Kapoor, visibly injured with blood on his person. Later,
I meticulously drew a Sketch Map to document the layout. Without delay, I contacted the 108

9
Ambulance service, and the injured individual was swiftly transported to the hospital for medical
attention. Additionally, I seized the brass statue from the scene of the incident, duly recorded in
the seizure-list as Exhibit 1.

I did not personally witness the accused individual at the scene of the incident. Subsequently, I
arranged for the post-mortem examination of the deceased's body at Saif Hospital. Following these
initial procedures, the case was handed over to S.I. of police Chulbul Pandey for further
investigation, as directed by the Officer-in-charge of Dholakpur P.S.

Witness No. 6 – IO Chulbul Pandey

I was serving as the Sub-Inspector of Police at Dholakpur P.S. when the then Officer-in-charge
entrusted me with the investigation of the case. Upon receiving the responsibility, I promptly
proceeded to the scene of the incident. There, I observed the injured individual and ensured that
they were swiftly transported to the hospital for necessary medical treatment.

During my investigation, I recorded the statements of witnesses who were present at the scene and
familiar with the circumstances of the case. These statements were crucial in understanding the
events that transpired. Additionally, I exhibited the Sketch Map of the place of occurrence, which
had been drawn by A.S.I. of police Malay Kumar.

It is pertinent to note that the informant, Smt. Nisha Kapoor, lodged the FIR before the police on
29.03.2023, providing essential information regarding the incident. After completing a thorough
investigation, I submitted the charge-sheet against the accused, ensuring that the legal proceedings
were initiated in accordance with the evidence gathered.

10
SEIZURE LIST

Dt: 28.03.2023

Reference: Dholakpur P.S. FIR No. 79/2023 u/s 302 SPC

I, ASI Malay Kumar, of Dholakpur P.S. do hereby seize the brass statue which was used for
commission of crime as noted in the general diary entry which is being produced by Smt. Nisha
Kapoor W/o - Lt. Virat Kapoor, R/o- Village Govindapur, P.S.- Dholakpur, District- Botakpur.

Seizure list made by:

Malay Kumar

Assistant Investigating Officer

Dholakpur P.S.

11
AUTOPSY REPORT

Dt: 28/03/2023

I, Govind Hari, performed the autopsy over the dead body of Virat Kapoor on 29/03/2023 at Saif
Civil Hospital. On examination over the body of Virat Kapoor, he found the following:

One male adult body of average built, swarthy complexion. Body dressed with full shirt and ganji,
half pant. Blood stained present over head and face. Eyes and mouth partly open. Rigor mortises
present all over the body. Post mortem hypostatic present and fixed at the back of the body.

Wounds, Position, Size & Character:

1. Stitch wound of size 6 cm present over skin [stitched by 6 surgical bandages].

2. Stitched wound of size 3 cm present over right side of neck.

3. Abrasion of size [6 x 4] cm present over front of chest; 10 cm below; suprasternal root.

4. On dissection of scalp, contusion of size [6 x 4] cm present over occipital area. Linear


fracture of size 8 cm present over left parietal bone horizontally.

Marks of Ligature on Neck Dissection etc. - No ligature mark detected around the neck. On
dissection, underlying neck tissues appear healthy.

Scalp, Skull & Vertebrae - As described in Injury No-4, vertebrae are found healthy.

Membrane - Congested. Diffused subdural hemorrhage present over both cerebral hemispheres.

Brain & Spinal Cord - Brain congested. Spinal cord not examined.

Liver, Spleen, Kidneys & Bladder - All are healthy.

Walls, Ribs & Cartilage - Walls as described. Ribs & cartilage healthy.

Organs of Generation, Externally & Internally - All are healthy.

Walls, Peritoneum, Mouth, Pharynx & Oesophagus - All are healthy.

12
Stomach & its Contents - Healthy and empty.

Small Intestine & its Contents – Healthy, contains gases like material.

Large Intestine & its Contents - Healthy, contains gaseous and faecal matters.

Pleurae - All are healthy.

Right & Left Lung – Healthy.

Heart - Healthy, chambers are empty.

The death of the deceased was caused due to coma following head injury sustained which was
ante-mortem in nature and caused by blunt force impact.

Govind Hari

13
SITE PLAN

Note: Laws of the Union of Saurashtra are pari-materia to the laws of the Republic of India
(also extends to any acts/press releases)

14

You might also like