MOOT PROPOSITION

Pritham is a citizen of India. He is an industrialist in the field of textiles and is

counted among the richest in the country. His wife Pushti was also a woman of
substance and has taken in Pritham’s business. The family consisted of Pritham
and Pushti’s Daughter Krithi and her brother Kranthi, who lives in Pune. Mr.
Pritham’s family occupied the 8th and 9th floors of the ‘Woodside’ building.
Kranthi used to usually stay in his room located on the 9th floor. Kranthi is a
simple man with ambitions. He was introduced to the family by Pushti as her
brother. Kranthi developed a liking towards Pushti’s daughter Krithi. Both
became friends and Krithi also started liking Kranthi. But Pushti was not happy
with the relationship. She constantly used to discourage both Kranthi and Krithi.
Krithi suffered emotionally for not understanding her mother’s stance. Now, she
has been sent to United States on the pretext of continuing her studies. Pritham
was unhappy with what is happening around and asked Pushti umpteen times as
towhat’s the harm if both of them are friendly to each other.Pritham got furious
towards the unreasonable attitude of his wife, Pushti for sending away their
daughter over petty reasons and felt suspicious to know her intentions. On 2nd
August 2020, from reliable sources Pritham came to know the fact that, Kranthi
indeed was the biological son of his wife, Pushti and she has been hiding it all
through these years after their marriage.

On the same day at around 10.00 p.m. both husband and wife were seen arguing
with each other over Kranthi and Krithi. This was heard by the neighbours and
witnessed by a maid servant named Ms Sumathi in the house. The maid servant
has seen Mr Pritham holding a gun and threatening Pushti that he is going to kill
her son. Kranthi was heard Pritham saying to Pushti, “I am going to shoot your
son and then you”, for what you have done. Pushti was constantly holding the
husband and crying and shouting to calm the husband. At 11.30 p.m. the
servants heard the gunshot with crackling sound of glass of the window. The
watchman of the building had noticed that Kranti’s body was lying on the
ground in the ground floor of the building. And he was found dead.On
witnessing the dead body of Mr Kranthi, the watchman had informed the
building secretary who rushed to the spot and immediately informed to the
nearby police station. The Station House Officer (SHO) after arriving to the
crime scene, recovered the dead body which was sent to the city government
hospital for the post mortem and subsequently recorded the first information
report (FIR) based on the statement given by the secretary and gave a copy of
the same to him.

On 3rd August, 2020, the Investigation Officer (IO) appointed in this behalf,
collected the details of the deceased and his family from the building secretary.
The crime scene was examined and Kranthi’s suicide note purportedly written
by Kranthi, was found in the 9th floor of the apartment from which Kranthi said
to have allegedly committed suicide. It was written in the note that he was very
sorry for how he perceived Krithi who was indeed his sister. He apologized his
mother, who strived to give him all the ambience he ever needed, and because
of him her life is plundered and he is committing suicide and felt sorry for the
idea of killing his own mother. It was also mentioned in the note, the fact of
loading the revolver of Mr. Pritham with bullets in order to kill her. After going
through the suicide note, the Investigating Officer has inquired Pritham, Pushti
and their maid, Ms Sumathi. The maid testified that she spotted Pritham holding

the gun and threatening his wife, following the gun sounds. From the statement
of the witness, on suspicion the Investigation Officer took Mr Pritham into
custody and confiscated the weapon (gun) for further investigation. As a matter
of fact, the same revolver loaded by Kranthi was used by Mr Pritham on the
night of August 2nd. The post mortem report of Mr Kranthi revealed that he was
shot dead by the bullet injury. The forensic report further confirmed that the
bullet belongs to the Pritham’s gun matching with the Pritham’s fingerprints.
Mr. Pritham was charged for murder of Mr Kranthi under Section 302 of the
Indian Penal Code, 1860. But Pritham and Pushti contended that the bullet was
fired accidentally through the window and they had no clue as to how Kranti
was found dead on the ground floor with a bullet that hit him.On further
investigation by Investigation Officer the following facts were found.

On the fateful morning of 2nd August, Pritham came to know that Kranthi is the
son of Pushti and not her brother. Pritham got enraged with the heinous act of
his wife and Kranthi and so threatened his wife Pushti that he would kill her and
also her son. After several hours of fighting, Kranthi was found dead with a gun
shot.Based on this a charge sheet was filed against Pritham under section 302 of
IPC.There is also one Mr Vishal who is the resident of an opposite building who
came to his balcony and spotted Kranthi falling off from the 9th floor of the
building.Based on this, the couple Pritham and Pushti contended that Pritam has
not murdered Kranti. But the postmortem report of the deceased showed that
Kranti died due to a gun shot and it was proved that the bullet belongs to the
licensed gun of Pritham.

The Sessions Court came to the conclusion that the act amounts to murder and
found Mr.Pritham guilty of the same and convicted him and sentenced him to
undergo ten years rigorous imprisonment for the offence of murder under
Section 302 of the Indian Penal Code, 1860.Now the case is before the High
court in appeal
FIRST INFORMATION REPORT (U/S. 154 of CrPC) EXHIBIT - I
1. District: Kothwan PS: Kothwan ; Year: 2020
2. FIR No: 172/2020
3. Date of occurrence: 02/08/2020
4. Acts: i. Pritham, u/s. 302 of the Indian Penal Code.
5. Occurrence of Offence: Day: Wednesday Time: 11:30 PM.
6. Information recorded at PS: Date- 2
nd August, 2020; Time: 11:50 PM
7. General Diary Reference Entry No. 2nd August, 2020
8. Information recorded by: Station House Officer,
9. Type of information: Personal Written/Oral: Oral
10. Place of occurrence: Wood side Building
11. Informant Name: Investigating Officer Jai Singhania Nationality: Indian Occupation:
Investigating Officer
12. Details of Known/ Unknown/ Suspected/ Accused with particulars: Suspected persons I.
Pritham
13. Date and time of dispatch to the Court: 3rd August 2020, 11.35a.m.
14. FIR Contents – On 02/08/2020, a dead body of a male person is recovered in an unknown
state based on phone call. The body is sent for post mortem, the Post mortem report dated
02/08/2021 concluded that death is caused by the bullet of 9mm. As per the report, Pritham
has
been charged u/s. 302 of the Indian Penal Code, 1860.
15. FIR read to the informant, admitted to be correctly recorded and a copy given to the
informant free of cost.
Signature/thumb impression of Complainant/ Informant:
Mr. Jai Singhania Signature of Officer-in-charge,
Police Station: Sd/- Pankaj (Station House Officer)
Note: The Magistrate Court after preliminary inquiry into the case decided to commit the case
to Sessions Court and all the copies of FIR shall henceforth be accompanied and it also
ordered for submission of the Charge sheet before the Sessions Court
POST MORTEM REPORTEXHIBIT- II

Post Mortem Report No. 1727.

Date and Hour of Receipt of Inquest Paper and Dead Body: 3rd August, 2021 at 9.15 AM.
Date and Hour of Starting Autopsy: 3rd August, 2021, 10:00 AM.
Date and Hour of Concluding Autopsy: 3rd August2021, 4:00 PM
Body Brought and Identified by: Inspector Jai Singhania. Kranthi.
SCHEDULE OF OBSERVATION.
A- GENERAL
1. Name: Kranthi
2. Age: Approximately 24 years. Sex: Male
3. Address: Woodside Building
4. Height: 160cmWeight: Unknown Physique: Normal.
5. Injuries: Presence two fractures, Broken leg, bullet wound on the head
B-EXTERNAL EXAMINATION
The body is that of an adult male measuring 160 cm and weight, not possible to determine.
The
body is normally developed and consistent with the given age of approx. 24years. Bruises on
the
hands and a bullet wound on the head.
C-INTERNAL EXAMINATION.
Visible injury to the skull as the bullet went through the head, broken neck
Head and Neck: Visible injury to the skull but the hyoid bone in the neck is fractured.
Cardiovascular System: No injury
Respiratory System: No injury
Digestive System and Liver: No injury
Genitourinary System: No injury
D- EVIDENCE OF INJURY
1. Head Wound no. 1 the bullet wound is located on the head.
2. Several minor fractures all over the body.
5
E- SPECIMEN COLLECTED FOR TOXICOLOGICAL ANALYSIS: None
F- TIME SINCE DEATH: Taking into consideration the level of decomposition and the
surrounding in which the body was placed in, approximately 24 hours have passed since the
death of the victim.
G-OPINION.
Even though there are multiple injuries on the body. The cause of death to the best of my
knowledge and belief is the gun shot that went straight to the head.
On 3rd August, 2021 at Government Hospital, Pune.
Signature:
Name and Designation:
Dr. Mugdha Sha
STATEMENT OF WITNESS
1. PRITHAM (ACCUSED)
I am Pritham, age 45 years, textile industrialist who lives in the city of Pune along with his
legally wedded wife, Pushti.
I know about the family of Pushti and has the knowledge that Pushti has a brother before
their marriage. The parents of Pushti had informed me that they begotten Pushti soon after
marriage and it took them about 15 years to have their second child and this is the reason
why Kranthi is still a child at the time of marriage. Out their wedlock we are blessed with a
girl child named Kriti. While Kriti is at the age of 20 years, Pushti brought Kranthi, her
brother to stay along with them. Kranthi started living together in the 9th floor while we stay
at 8th floor. Eventually the bond between Krithi and Kranthi has developed into a love
relationship. Pushti somehow started to hate the closeness between Krathi and her daughter
and threatened her to stay away from Kranthi. Krithi did not heed to this friendly advice of
her mother while this being a complete confusion to me. I even asked as to why my wife
could not accept their friendly relationship. Pushti, however sent Krithi to abroad for her
higher studies. I got furious as to this decision of Pushti and felt suspicious. I investigated
and found that Kranthi is the biological son of my wife and I could not accept such a grave
fact that my wife cheated on our marriage and she has brought her own son as her brother,
how his in-laws also lied at the time of marriage and on the top, I could not resist the fact that
both Krithi and Kranthi are in relationship.
I felt betrayed and on 2nd August, 2020 at around 10: 00 pm while we were finishing our
dinner and maid were doing their dishes Pushti started to haunt Kriti and her unreasonable
behaviour. She started shifting the blame on Krithi, this made me even more furious as my
daughter is innocent and it is indeed my wife who cheated me. I could not resist and asked
her straight away about Kranthi. She started to deny everything and this made me even
furious and at the heat of the moment I picked up my revolver to bring the truth out of her.
But I am unaware as to when my gun was loaded. The gun got misfired while my wife tried
to push it away from my hand and the fired bullet went across the window of our hall.
I was unaware at to how Kranthi died.
2. Jai Singhania (INVESTIGATION OFFICER (IO))

I am Jai Singhania, age 45 years; I am the Investigating Officer in the present case. I cleared

the CGPE examination in the year 2000. I was put in charge to this case on 03/08/2020, after

the FIR was registered on 02/08/2020 at the Kondhwa Police Station, Pune. I have dealt with

several cases of this nature. The investigation first started with the questioning of Vamsi, the

building secretary. The investigation then was taken forward to visiting Kranthi’s flat in 9th

floor there I examined the scene of offence and found a suicide note by which I came to

know the distress of Kranthi and how he loaded and intended to use the gun of Mr Pritham.

Then I went to Mr Pritham’s flat in 8th floor from where I found broke window of hall. I

inquired Pritham and his wife Pushti about the same. They pretended as if they do not know

about how the window broke at first. Then, I questioned maid Ms Sumathi who is residing in

the same house and she disclosed that Pritham and Pushti were in a fight and heard the gun

shot sound following the crackling sound of the window. Distance has been calculated by my

team from the place where Mr. & Mrs. Pritham were fighting at a distance of 15m towards

window. Later, I recovered a gun after searching the house and sent it to the forensic

laboratory. In the meantime, an FIR was registered against Pritham. The Post Mortem report

dated 04/08/2020 confirmed the deceased to be Kranthi who died due to the bullet injury.

The bullet was sent for Forensics which was recovered from Post Mortem. The Forensic

report dated 06/08/2020 confirmed that bullet is of the gun licensed by Mr Prtiham. The

report further confirmed the gun had fingerprints of Mr Pritham engraved on it.
3. MURTHY (WATCHMAN)

I am Murthy. I am the security guard at Woodside buildings, N.I.B.M Pune-411048. My

shift hours are from 9pm to 9am, Monday to Saturday. I get a monthly salary of eight

thousand rupees. My duty is to make sure that only known people enter the society. If an

unknown person enters, I am supposed to intercom the residence and confirm the identity of

the individual who has come to visit. I do not have a very hectic schedule. I have to monitor

the entry and exit of people and take inspection rounds for every hour. That night I did listen

a thumping sound while I was on my way to check, the resident of the opposite building, Mr

Vishal bumped into me and told with an anguish that someone fell down from the 9th floor

and asked me to check over. I went to the spot and recognised the face of the victim to be of

Mr Kranthi. I immediately informed Mr Vamsi the building secretary about the same who

rushed to the spot. He informed the nearby Police Station of Kondhwa. The Police came to

the spot, recovered the body.

4. VIKRAM (BUILDING SECRETARY)

I am the secretary of the Woodside building for the past one year. I know very well about

the deceased and his family. They were friendly with the other flat members and never

caused any disturbance to anyone. I was informed about the death of one of residents, Mr

Kranthi at around 11:40 pm over the phone call made by the watchman. I immediately

rushed to the spot and informed the Kandhwa Police station about the same. The police

soon arrived and recovered the dead body of Mr Kranthi. I got registered an FIR by the

Police on the same day and helped the police in every possible way for the investigation
5 . Pankaj (STATION HOUSE OFFICER)

I am Pankaj, the Station House Officer of the Kandhwa Police Station. I have received a

call at around 11:50 pm from Mr Vamsi the building secretary who informed me about

the death of Mr Kranthi. I immediately rushed to the scene along with my team. There I

witnessed a dead body to be of Kranthi lying on the blood pool. I called the ambulance to

take the corpse to the government hospital for autopsy. I registered an FIR as informed by

the building secretary and Vishal, the resident of the opposite building and left a

constable for inspection overnight.

6. MS. SUMATHI (MAID)

I am Sumathi, aged about 25 years and had been working in the house of Pritham for

about 3 years. Pritham had always been a peaceful man and a caring husband. He loved

Pushti so much and Pushti was also a virtuous wife. The couple loved their daughter,

Krithi so much. They barely had any fight. But, on the fateful night of 02/08/2020, I

could not understand why sir (Pritham) returned home furious and he was being so silent

and looked so disturbed. I silently served the dinner. There was no single conversation

shared between the couple. They finished the dinner. I was doing the dishes during which

ma’am (Pushti) started explaining sir about why did she send their daughter to abroad and

started blaming the behaviour of Krithi didi (sister). Suddenly, sir got agitated and thrown

the dishes away and picked a fight with ma’am. I spotted sir holding a gun. I was scared

and silently went back to the kitchen to continue dishes. I suddenly heard a gun sound

followed by crackling sound of the glass

7 . VISHAL (RESIDENT OF OPPOSITE BULDING)

I am Vishal, who is the resident of the 9th floor of the Dreamland building which is located

opposite to Woodside building. I came to my balcony at around 11:20 pm to take up an office

call as I was on my night shift office work and spotted someone falling from the 9th floor of
the building. I rushed towards the building and asked the watchman to let me in to guide over
the person who fell down. I was asked by the Police to provide the information to record an
FIR along with the building secretary of the Woodside building

8. PUSHTI

I am Pushti aged about 40 years. I got married to Pritham and begotten Krithi with him. I am
the mother of the deceased Kranthi I gave birth to him before my marriage at the age of 16
years. I kept it as a secret as my parents insisted that I cannot marry if I have son at such a
tender age. I silently agreed them and married Pritham at the age of 18 years. My parents
somehow convinced my son to be of their son whom they begotten at their late age. I never
had an intention to cheat my husband. I have always been a loyal and virtuous wife to him. I
loved my daughter so much. I was also worried about Kranthi whom I kept away from me all
through these years. My parents passed away in 2019. So I had to bring in Kranthi to my
custody and somehow convinced my husband that my brother needs our care. Apart from me
and my parents no other person has the knowledge about kranthi being my son. As soon as
Kranthi started getting along with Krithi I feared that their relation may turn out to be a love
relationship and threatened Krithi to mend her ways. Despite, both krithi and Kranthi
disclosed their feelings for each other. I have no other option but to keep them apart. So, I
have decided to send Kriti to abroad on the pretext of her higher studies. My husband did not
like this and was so unhappy.

On 2nd August, 2020 Pritham came home so distressed and kept silent all through the day. At
dinner time while we were discussing about Kriti he suddenly got enraged and started yelling
at me for sending our daughter away. I tried to cool him down but out of rage started asking
me to disclose truth about Kranthi. I was shocked as to how he got to know about the truth. I
managed to bury the truth but Pritham got so irritated that he picked a gun. I tried to resist
him during which the bullet got fired mistakenly. Later, we go to know that Kranthi fell down
from the 9thfloor and was dead by the bullet injury. We honestly do not know how Kranthi
was dead

CHARGESHEETEXHIBIT- II

(u/s. 173 of CrPC)

District: Pune

Police Station: Kondhwa

FIR No. 172/2009 Date: 03/08/2020

Chargesheet No: 12/2020

Nature of information: FIR registered by Head Constable Shivam Advani.

Whether any offence appears to have been committed and, if so, by whom:

Yes. Murder.

Charge Against:

i. Pritham, u/s. 300 and 302 of the Indian Penal Code.

Findings of the Investigation:

• The investigation first started with the questioning of Vamsi, the building secretary.

The investigation then was taken forward to visiting Kranthi’s flat in 9th floor there

we examined the scene of offence and found a suicide note by which we came to

know the distress of Kranthi and how he loaded and intended to use the gun of Mr

Pritham.

• Then we went to Mr Pritham’s flat in 8th floor from where we found broke window of

hall. I inquired Pritham and his wife Pushti about the same. They pretended as if they

do not know about how the window broke at first.

• Then, we questioned maid Ms Sumathi who is residing in the same house and she

disclosed that Pritham and Pushti were in a fight and hear the gun shot sound
following the crackling sound of the window.

• Later, we recovered a gun after searching the house and sent it to forensic laboratory.

In the meantime, the fact that a gun was recovered were made against Pritham in the

original FIR recorded.

• The post mortem report dated 04/08/2020 revealed the body to be of Kranthi who had

died due to the bullet injury. The bullet was sent for Forensics. The Forensic report

dated 06/08/2020 confirmed that bullet is of the gun licensed by Mr Pritham. The

report further confirmed the gun has fingerprints of Mr Pritham engraved on it.

In light of the aforementioned facts and circumstances, the offences as charged herein have
been

made out against the accused.

Particulars of the Accused

1. Mr. Pritham In custody

Sd/- Jai Singhania

(Senior Police Inspector)

Investigating Officer