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The facts stated in the present case are fictitious and have been drafted solely for the
purposes of the competition. The facts, names, locations and dates bear no
resemblance to any person, event or happening whether dead or alive. Any
resemblance, if any found is purely co-incidental.
No additional evidence or additional witness testimonies (other than provided) can be
brought on record by any team for the purposes of the competition. Failure to adhere
to the same will result in disqualification.
The names used in the case are purely for the purposes of the competition. No real
incidences are to be attached with them.
This problem does not intend to hurt the feelings of any section of the society or to
offend any person.
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
Statement of Facts
Priya Sharma, a 20 year old girl was involved in a love affair and a physical
relationship with Rohan Das, a 23 year old boy. Priya has completed the first year of
Degree College and stays with her family of five members at her residence in Dadar,
Mumbai. Rohan is an uneducated and unemployed person who also resides in Dadar,
Mumbai. In the course of their relationship, Priya realised that she was pregnant and
planned to elope and marry Rohan, as her family was against their relationship.
On the night of 20th July, 2016, all members of the Sharma family, Priya, her parents and
her grandparents, namely the father, Mr. Raju Sharma, his wife Smt. Manju Sharma,
grandfather, Mr. Ram Sharma and his wife, Smt. Sita Sharma were present at their
residence. At about 2.30 a.m. (i.e. the intervening period between 20th July and 21st July)
on that fateful night, upon hearing constant screaming and cries of a woman from the
neighbouring house, Mr. Vasant Naik (PW 1), the neighbour of the Sharmas, and his
brother broke the door and entered their house. They found Priya lying unconscious in
the bedroom of her parents, who were lying in a pool of blood, with their respective
throats slit. Thereafter they discovered that both the grandparents were also lying dead
in the opposite bedroom with their respective throats slit.
Immediately, Mr.Naik raised an alarm gathering other neighbours and also informed
the police at Dadar Police Station. Accordingly a case was recorded on the basis of
information received from Mr.Naik, and a First Information Report (FIR) was registered
at about 3.05 a.m. under Section 302 of the Indian Penal Code (IPC) against unknown
persons for the murder of four members of the Sharma family. The police investigation
team, which constituted of P.I. Kiran Rane (PW-6), a PSI, two constables along with two
Panch witnesses conducted the inquest panchnama and thereafter dispatched the four
dead bodies for post-mortem at the Government Hospital. Dr. A.B. Barve (PW-5)
conducted the post-mortem of all the four deceased persons. Further, blood stained
pillows, bed sheets, mattresses, etc near the respective dead bodies, were duly sealed,
marked, taken into possession and sent to the Forensic Laboratory.
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
On further investigation, the police found out that there were mobile phone
conversations made between Priya and Rohan Das from 1.50 a.m. to 2.00 a.m. on 21st
July.The police found a white dress, stained with blood in the cupboard. Also, a wrapper
of ten sleeping tablets, which Priya had allegedly purchased and mixed in the dinner of
the deceased persons, was found in the cupboard.
It was later found that Rohan had committed suicide by hanging himself to the
roof of his residence at about 8.30 p.m. on 21st July, 2016. Additionally the murder
weapon; a blood-stained knife and a mobile phone were recovered from Rohans
residence. The recovered materials were sent to the Forensic Laboratory which
confirmed that the blood on the murder weapon and their respective clothes matched
with the blood of the deceased persons.
S.S. Rathod (PW-4), a person working at Dave Medical Stores at Dadar,
confirmed that Ms. Priya Sharma had visited his shop on 19th July, 2016 at about 8.00
p.m. and had purchased a packet of ten sleeping tablets, after which she left the shop
immediately.
Priya Sharma (accused and DW-1) was arrested on 21st July, 2016 at 5.00 p.m.,
near Dadar Railway Station.
According to the police, Priya and Rohan had together executed the murder
plan, wherein Priya had allegedly administered sleeping pills to the deceased persons
through their dinner and thereby rendered them unconscious and thereafter had
allegedly slit their throats. The alleged motive behind the commission of these
gruesome murders was to eliminate Priyas family which was not in favour of the
relationship between Priya and Rohan and thereby secure the entire property of the
family and create financial security for the couple. Accordingly, on completion of the
investigation, a charge-sheet was drawn. Priya Sharma has been charged under Section
302 of the IPC for the brutal murder of her innocent family members. The statements of
all the witnesses have been recorded.
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
1. State: Maharashtra
FIR No. R1- 4432
District: Mumbai
Year: 2016
Date: 21/07/2016
Date: 21/07/2016
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
Panchnama
1) Pancha No. 1: Smt. Kalyani Harihar Pawar, Age: 32, Occupation: LIC Agent
Address: 12, Manorama Nivas, Raut Road, Dadar, Mumbai- 400028
2) Pancha No. 2: Mr. Rahul Bhide, Age: 28, Occupation: Hotel Owner
Address: Hotel Samadhan, Raut Road, Dadar, Mumbai- 400028
Today, we the abovementioned panchas, on being called by P.I. Kiran Rane,
visited the Dadar Police Station and subsequently, alongwith P.I. Kiran Rane, a PSI, and
two constables, visited the place of occurrence of crime, at Sadanand Apartments,
Dadar, at about 03.30 a.m. in a Toyota Qualis car, under crime registration number 252
of 2016. The informant, Vasant P. Naik was personally present. We were requested to
be panchas for conducting the said panchnama.
The informant showed us the place where the incident took place. The door of
the house is located on the southern wall. There is a passage, right opposite the door,
which leads to the kitchen, the toilets and the two bedrooms. One bedroom is on the
left while the other is on the right side, after entering the passage. We entered the
bedroom on the left side where we found two persons lying dead, with their throats
cut. The blood stained bedsheets, mattresses and pillows were seized. In the other
bedroom, we found two persons, who appeared to be more than 70 years old, lying
dead, with their throats slit in a similar manner. The blood stained bedsheets,
mattresses and pillows from this bedroom too were seized. A white dress, stained with
blood, was found in a cupboard in the second bedroom. Also, an empty packet of
Ramelteon Rozeren tablets was found in the cupboard. The four bodies were sent to
the nearest Government Hospital for conducting post mortems.
We left the crime scene at 04.15 am.
The aforesaid panchnama is true and correct as per the site as seen by we
panchas. Panchnama commenced at 3.30 am and completed at 4.15 am.
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
Before me,
Sd/
Pancha 1
Sd/
Pancha 2
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
I, S.S. Rathod, have been working at Dave Medical Store since 20 years. I have
completed my education till HSC and have been working at this medical store since
then.
The members of Sharma family used to visit our store very frequently and hence, I was
acquainted with all the family members.
I state that on 19th July 2016, at around 8 pm, Ms. Priya Sharma had visited Dave
medical store. She asked for a packet of sleeping tablets. As she often used to purchase
these sleeping tablets, I presumed that she must be conscious about the risk of
overdose of the same, additionally no suspicion aroused in my mind and I gave out the
required packets of sleeping tablets. After grabbing the two packets, she immediately
left the shop because of which I could not provide her with the bill for the payment. I
was the only person who was present in the store at that time.
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
Estimated
value
Sr. No of
the police
station
record diary
1.
N/a
654
N/a
655
N/a
656
N/a
657
2.
3.
4.
Bed sheets(Blood
stained) (2)
Mattresses(Blood
stained) (2)
Pillows(Blood
stained) (4)
Empty packet of
Ramelteon Rozeren
tablets
Property
recovered
from whom
and from
where
Spot of
crime
Spot of
crime
Spot of
crime
Spot of
crime
Disposal
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
5.
N/a
658
6.
N/a
663
7.
Mobile phone
5000
664
Spot of
crime
House of
deceased
boyfriend of
accused
House of
deceased
boyfriend of
accused
Father/Husba
nds name
Prabhakar
Naik
AGE
OCCUPATION ADDRESS
52
School
Teacher
2 Kalyani Pawar
Harihar Pawar
32
LIC Agent
3 Rahul Bhide
Mukesh Bhide
28
Hotel Owner
4 S.S. Rathod
Sunil Rathod
40
Employee
5 Dr. A.B.Barve
Balvant Barve
40
Doctor
6 Kiran M. Rane
Manoj Rane
45
Police
Inspector
88,
Sadanand
Apartment
s, Talekar
Road,
Dadar,
Mumbai
400028
12,
Manorama
Nivas, Raut
Road,
Dadar,
Mumbai400028
Hotel
Samadhan,
Raut Road,
Dadar,
Mumbai400028
Bhatkar
Colony,
ABC Road,
Dadar,
Mumbai
400028
12, Pragati,
A Road,
Fort,
Mumbai-01
3/31, Dadar
Police
Quarters,
Dadar,
Mumbai
Nature of
Witness
Informant
(PW 1)
Pancha No. 1
(PW 3)
Pancha No. 2
(PW 2)
Witness
(PW 4)
Witness
(PW 5)
Investigating
Officer
(PW 6)
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
7 Priya Sharma
Raju Sharma
20
Student
86,
Sadanand
Apartment
s, Talekar
Road,
Dadar,
Mumbai28
Accused
(DW 1)
Sd/-
Sd/-
Officer presenting
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
1.
DECEASED NO. 1 : Mr. Raju Sharma (S/o Ram Sharma), AGE : 45 years, SEX: Male.
HEIGHT: 4.6 ft
WEIGHT: 71 kgs
PHYSIQUE: Normal.
neck and it was present on the upper and lower parts of the body.
DESEASED NO. 2 : Smt. Manju Sharma (W/o Mr. Raju Sharma), SEX : Female, AGE:
40 years
HEIGHT: 4 ft
WEIGHT: 65 kgs
PHYSIQUE: Normal.
DECEASED NO. 3: Mr. Ram Sharma (S/o Dashrath Sharma), SEX : Male, AGE : 70
years ,
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
HEIGHT: 4.9 ft
WEIGHT: 79 kgs
PHYSIQUE: Normal.
DECEASED NO. 4 : Smt. Sita Sharma (W/o Mr. Ram Sharma), SEX : Female, AGE : 63
years .
HEIGHT: 4 ft
WEIGHT: 60 kgs
PHYSIQUE: Normal.
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
B. ITEMS HANDED OVER TO POLICEPost Mortem Report, Inquest papers, Dead bodies of all four deceased persons, Clothes
of all the deceased persons.
OPINION: The cause of death as due to Asphyxia due to shock and haemorrhage due to
ante-mortem injury
On 21/07/2016 at 11:30 am.
Sd/Dr. A.B. Barve
Medical Officer
Government Medical Hospital.
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
FORENSIC REPORT
No. P. (T) /564 of 2016
M.L. Case No. MP..
DEPARTMENT OF FORENSIC SCIENCE,
GOVERNMENT HOSPITAL, PAREL, MUMBAI.
Date : 27/07/2016
To,
P.I. Kiran Rane,
Dadar Police Station,
Dadar, Mumbai.
Your letter No. 23 dated 22/07/2016 regarding Five parcels in connection with
C.R. No. 252 of 2016 under I.P.C Section 302 stated by you to have been dispatched on
22/07/2016 per P.C. No. 2193 was duly received in this Department on 22/07/2016
Description of parcel/s
One blood stained axe (murder weapon), Two separate blood soaked mattresses,
four separate blood stained bed sheets, four separate blood soaked pillows, a partially
blood stained white coloured Punjabi dress, a knife, blood samples of four different
persons.
All the above materials were separately sealed in their respective plastic packets. Four
blood samples were with preservatives and duly sealed.
B1 and B2 respectively.
3) Four separate blood soaked pillows sealed in plastic and labelled C1,
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
4) Four separate blood stained bed sheets, plastic sealed and labelled D
1, D 2, D 3 and D 4
5) Partly blood stained white coloured Punjabi dress Exhibit H
6) An empty packet of Rameleon rozerem tablets Exhibit R
7) Viscera of four deceased persons.
8) Four different preserved blood samples (BS) of four persons in four different
respective bottles, labelled with their respective names Raju Sharma (BS 1),
Manju Sharma (BS 2), Ram Sharma (BS 3), Sita Sharma (BS 4).
RESULTS OF ANALYSIS
Blood samples- BS 1- A (rh positive)
BS 2- O (rh positive)
BS 3- O (rh positive)
BS 4- A (rh positive)
1) Blood on Exhibit C1, D1 matched with Exhibit (BS 1).
2) Blood on Exhibit C3, D 3 matched with Exhibit (BS 3).
3) Blood on Exhibit C2, D 2 and F matched with Exhibit (BS 2).
4) Blood on Exhibit C4, D 4 matched with Exhibit (BS 4).
5) Blood on Exhibit B1 matched with Exhibit (BS 1) and Exhibit (BS 2)
6) Blood on Exhibit B2 matched with Exhibit (BS 3) and Exhibit (BS 4)
7) Blood stains on Exhibit (H) matched with Exhibit (BS1).
8) Exhibit (R) had no presence of any poisonous substance on it.
9) Blood stains on Exhibit (A) could not be identified.
10) Presence of toxic substance in similar amounts in Viscera of all four persons.
No. P(T)/15066/12
Date 27/07/2016
Sd/-
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)
B.S. Kotnis
Assistant Chemical Analyser
Department of Forensic Science
.
ADV. B.P.APTE MEMORIAL MOCK TRIAL, MOOT COURT AND JUDGEMENT WRITING
COMPETITION (FOURTH EDITION)