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IN THE
HONOURABLE HIGH COURT OF HAVLOCK
AT HAVLOCK
MR. SALMAN........APPELLANT
VERSUS
STATE OF HAVLOCK.........RESPONDENT
TABLE OF CONTENTS
INDEX OF AUTHORITIES..ii
STATEMENT OF FACTS...iii
STATEMENT OF JURISDICTION..iv
ISSUESFOR CONSIDERATION.....v
SUMMARY OF ARGUMENTS......vi
ARGUMENTS ADVANCED1
ISSUE 1: WHETHER THE COURT HAD THE JURISDICTION TO
TRY THE APPELLANTS IN THE ORIGINAL PETITION?......................................1
ISSUE 2: WHETHER THE APPELLANT IS GUILTY OF MURDER?.....................2
1. Whether there was culpable homicide?..............................................................2
2. Whether culpable homicide amounted to murder?.............................................4
3. Whether any defence can be taken under any exception?..................................5
PRAYER7
INDEX OF AUTHORITIES
CASES
M. V. Elizabeth and Ors. v. Harwan Investment and Trading Pvt. Ltd. AIR 1993 SC
1014.
STATUTES
Ratanlal and Dhirajlal, The Indian Penal Code (LexisNexis: 32nd Ed., Reprint 2011)
ii
STATEMENTS OF FACTS
Salman and Sharukh were business partners who decided to go on a business trip
which involved there travelling by ship to their destination. They were accompanied
by their respective families as well.
The workers of the ship were all foreigners but the ship was bearing the Indian flag.
The rule of the ship journey was that everyone on board had to consume a medicine
which would prevent sea sickness to all the members. This medicine contained 0.05%
of cocaine. This rule was not mandatory, but Salman took it.
At a later point of time when they were travelling there was a small altercation
between the children of Salman and Sharukh which grew to such a level that Salman
and Sharukh had to intervene.
While trying to solve the fight between the children the matter had taken such a turn
that Salman pushed Sharukh from the deck of the ship as a result of which Sharukh
died.
While the police was investigating the matter, people said that Salman was jealous of
Sharukhs success.
iii
STATEMENT OF JURISDICTION
The counsel for the respondent most humbly and respectfully submits to the jurisdiction of
this Honourable High Court in this appeal filed under Sections 26, 341 and 374 of the Code
of Criminal Procedure, 1973.
iv
SUMMARY OF ARGUMENTS
vi
ARGUMENTS ADVANCED
Proposition Para 6.
299, Indian Penal Code, No. 45 of 1860.
8
D. Yohannan v. State of Kerala AIR 1958 Ker 207.
9
Shri Appanna v. The State (2010) 4 CalLT 275 (HC).
10
Supra note 6.
7
In the case of Harbans Singh v. State of Punjab,11 the accused gave a severe blow to a
person on his head not wanting the death of that person. It was held that it may be a
possibility that the intention is absent, but if the person is of sound mind, he is reasonably
presumed to have the knowledge that such a blow may lead to the death of a person
considering how sensitive that part of the body is.12 Hence it was considered a case of
culpable homicide.
Now pushing someone off from a deck can never be unintentional. In the present
matter, the fact sheet clearly states that the accused pushed Sharukh and he fell into the sea. It
is a very reasonable thing to presume that such an act is, not likely but definitely, going to
cause the death of person, which shows the presence of the second element.
An act is intentional insofar as it exists in idea before it exists in fact; knowledge is
awareness of the consequences of the act.13 Section 86 of the Indian Penal Code specifically
says that where an offence requires a particular knowledge or intent, a person who does the
act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge
as he would have had if he had not been intoxicated.14 A person who voluntarily inflicts
injury such as to endanger life must always, except in the most extraordinary and exceptional
circumstances, be taken to know that he is likely to cause death. If the victim is actually
killed the conviction in such cases ought ordinarily to be of the offence of culpable
homicide.15
It can be reasonably inferred that the accused had the knowledge that his act of
pushing the accused will throw him overboard which will most likely cause his death.
Arguendo, the accused could not form the requisite intention to commit culpable homicide
11
amounting to murder being in a state of intoxication, knowledge that his act of pushing the
victim overboard will result in his death can still be imputed on him.
16
it is immaterial to go into the question as to whether the accused had the intention to cause
death or knowledge that the act will cause death.21 And even if we go with the clause
fourthly, no one would deny to the knowledge of this simple fact that that if you push
someone off a deck into the sea-water, it may lead to death of that person.
Clubbing all these things and reading it again with the fact that the accused was
overly jealous of the success of the deceased, we can deduce this fact that the accused had the
requisite intention and knowledge to cause such act and ultimately, the death of Sharukh.
21
When an offence is found committed by one who is drunk under influence of liquor,
voluntary drunkenness is not an excuse.24 Section 86 of the Indian Penal Code specifically
says that where an offence requires a particular knowledge or intent, a person who does the
act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge
as he would have had if he had not been intoxicated. It is only in those rare cases where the
intoxication is due to something administered to the offender against his own wish or against
his will that the case may be covered by Section 85.25 A person under intoxicaton can be
excused if he had committed any offence provided intoxicating material was given to him
without his knowledge and consent. No person can claim the benefit of Section 85 if he takes
the things causing intoxication voluntarily.26
Also, it is stated that the medicine had 0.05% cocaine in it,27 which as per the
laboratory results of Narcotics Control Bureau is not sufficient, or even one-tenth of the
amount required for a person to be categorised as intoxicated. A minimum of 0.6% w/v is
necessary, for a first timer, in order to get intoxicated and be in a state where one cannot
judge the consequences of his act.
Even if we consider that Salman, due to his low capacity lost the control over his
senses and became intoxicated, the lab results show that the effect of such intoxication
remains for a maximum period of 30 minutes. In the fact-sheet, it is clearly stated at a later
point of time,28 which can be construed as after the passage of a number of hours talking
in relativity with the journey on a ship, which is enough to come to a conclusion that at the
time of the act, the accused was not intoxicated and was in his full senses and had complete
knowledge of his act.
24
State of Haryana v. Chittar Singh (1986) 45 ChandigarhLT 147; Moben Minji v Union Territory, 1982 CrLJ
(NOC) 39 (Gau.).
25
Supra note 2, at 397.
26
Venkappa Kannappa Chowdari v. State 1996 CrLJ 15 (Kant.).
27
Proposition Para 3.
28
Proposition Para 5.
Wherefore in the light of facts stated, issues raised, arguments advanced and authorities cited,
it is most humbly and respectfully prayed before this Honourable High Court of Havlock to:
Hold the appellant guilty of culpable homicide amounting to murder and impose the
strictest punishment which the court may deem necessary for the purpose of law.
And pass any other order in favour of the respondent which this Court may so deem fit in the
ends of equity, justice and good conscience.
Date:
Counsel No.
977
Place:
Havlock, India
Respondent