MEMORIAL FOR RESPONDENTS

IN THE HONORABLE COURT OF

DISTRICT AND SESSIONS JUDGE

IN THE MATTER OF

15044……………………………………………………………………………PLAINTIFF

VERSUS

15055…………………………………………………………………………..RESPONDENT

WRITTEN SUBMISSION ON BEHALF OF RESPONDENT

MOST RESPECTFULLY SUBMITTED

COUNSEL FOR RESPONDENT

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MEMORIAL FOR RESPONDENTS

TABLE OF CONTENTS

TABLE OF AUTHORITIES……………………………………………………………………..…III
STATEMENT OF JURISDICTION……………………………………………………………..…IV
STATEMENT OF FACTS…………………………………………………………………………..V
ISSUES RAISED………………………………………………….………………………………..VI
SUMMARY OF ARGUMENTS…………………………………………………………………..VII
ARGUMENTS RAISED………………………………………………………………………….VIII
1.THAT THE ACCUSED ARE NOT GUILTY UNDER SECTION 304B……………………...VIII
2. THAT THE ACCUSED ARE NOT GUILTY OF MENTAL CRUELTY UNDER SECTION
498A ………………………………………………………………………………………………..IX
3. THAT THE ACCUSED ARE NOT GUILTY OF ABETMENT OF SUICIDE UNDER
SECTION 306……………………………………………………………………………………….X
PRAYER……………………………………………………………………………………………XI

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TABLE OF AUTHORITIES

1. STATUES
• INDIAN PENAL CODE
• CODE OF CRIMINAL PROCEDURE

2. BOOKS
• P.S.A PILLAI’S CRIMINAL LAW, LEXIS-NEXIS PUBLICATIONS, 2018
• RATANLAL AND DHIRAJLAL’S INDIAN PENAL CODE, LEXIS-NEXIS
PUBLICATIONS, 2016.
• A COMMENTARY ON INDIAN PENAL CODE, K.D. GAUR

3. ONLINE RESOURCES
• MANUPATRA
• SCCONLINE
• WESTLAW

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MEMORIAL FOR RESPONDENTS

STATEMENT OF JURISDICTION

The Respondent has most respectfully submitted to the jurisdiction of Sessions Judge under Section
28 of Code of Criminal Procedure.1

1
Section 28. Sentences which High Courts and Sessions Judges may pass.—
(1) A High Court may pass any sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death
passed by any such Judge shall be subject to confirmation by the High Court.
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment
for life or of imprisonment for a term exceeding ten years.
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STATEMENT OF FACTS

1. Archita was married to Madhur in 2016 much against her personal wishes as she was in love with
Ashish whom she had befriended in college.

2. She continued to secretly meet Ashish. On one such meeting at Aroma hotel at Phatak No.22
Madhur caught her red handed, she confided in Madhur and promised to end her relationship with
Ashish.

3. Archita tried to make amends and improve her marital relations but forcing herself to do so, took
a very heavy toll on her health, she was very unhappy and sad and became prone to insomnia,
suicidal thoughts and mood swings.

4. Archita started seeing a doctor and was advised anti-depressants and sleeping pills to which she
became addicted, soon things went out of control and she started seeing Ashish again, who like a
good friend told her that they should end their relationship as it was hampering her married life.

5. Archita eventually became a victim of demand of dowry; she was constantly asked to bring more
money from her parent’s house. Due to her failure to meet the demand, the mental torture was
amplified. She confided in Ashish who constantly consoled her and always advised her to improve
her relations with her husband and her in-laws. On the 10" August 2018, circumstances were of
such a nature that took away the life of Archita. While she was in the bathroom, kerosene oil was
poured over her and her in-laws apparently lit a match- stick and threw it inside the bathroom.
She cried out loudly for half an hour, to the knowledge of the neighbors. She got burned and died.

6. With the information from the neighbor’s, the police came in and seized the match-box, tin of
kerosene oil and a suicide note. The suicide Note mentioned, “I have had enough of life without
any love and don’t want to live any longer.” The date mentioned on the suicide note was the 30"
July 2018.

7. The police arrested the husband, his father and mother, and also her sister in-law Sonam. A
Criminal case was filed against all of them u/s 498A, 304B and 306 IPC.

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ISSUES RAISED

1. WHETHER THE ACCUSED ARE GUILTY UNDER SECTION 304B OF IPC?

2. WHETHER THE ACCUSED ARE GUILTY OF MENTAL CRUELTY UNDER
SECTION 498A OF IPC?
3. WHETHER THE ACCUSED ABETTED THE SUICIDE OF DECEASED UNDER
SECTION 306 OF IPC?

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SUMMARY OF ARGUMENTS

THAT THE ACCUSED IS NOT GUILTY UNDER SECTION 304B OF IPC

It is respectfully submitted that the accused are not guilty of death of the deceased, Archita under
304b IPC. It was an accidental death for which the respondents are not guilty. Apparently, while the
deceased was in bathroom, kerosene was poured over her, a match was lit and she burned to death.
The circumstances do not beyond reasonable doubt establish that the respondents committed the
abovementioned act. Also the suicide note mentions that a loveless marriage was the cause which
drove her to death. She was already in love with somebody else and was forced to marry the accused,
Madhur. Thus, it was a marriage without love which drove her to commit suicide. The accused i.e.
her husband and in-laws were not responsible.

THAT THE ACCUSED IS NOT GUILTY OF MENTAL CRUELTY UNDER SECTION 498A
OF IPC

It is respectfully submitted that it was a loveless marriage which drove the deceased Archita to commit
suicide. She was in love with her college friend, Ashish but was forced to marry Madhur. She
continued to meet Ashish after marriage. On being caught by Madhur on one such meetings, she tried
to mend her relations with the accused. She got depressed and suicide prone as a result of this and
started taking medications but they were of no avail. Such a loveless marriage caused her to commit
suicide. Thus, the accused are not guilty under Section 498A.

THAT THE ACCUSED ARE NOT GUILTY OF ABETTING SUICIDE OF DECEASED

UNDER SECTION 306 IPC

It is respectfully submitted that the accused were not guilty of abetting the suicide of deceased under
Section 306. The deceased committed suicide out of her own will due to the fact that she was in a
loveless marriage. She was forced to marry somebody else when she was in love with someone else.
Even though she forcefully tried to mend her relations with her husband she fell in depression and
became suicide prone. She tried to take medications but they were of no avail. These factors drove
her to commit suicide.

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ARGUMENTS ADVANCED

1. THAT THE ACCUSED ARE NOT GUILTY UNDER SECTION 304B IPC

It is respectfully submitted that the accused are not guilty of dowry death under Section 304B of IPC.

Section 304B of IPC states that:

“(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than
under normal circumstances within seven years of her marriage and it is shown that soon before
her death she was subjected to cruelty or harassment by her husband or any relative of her husband
for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and
such husband or relative shall be deemed to have caused her death. Explanation.—For the purpose
of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition
Act, 1961 (28 of 1961).

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not
be less than seven years but which may extend to imprisonment for life.” 2

Following is the two-fold argument to establish that the accused are not guilty of death of deceased:

1.1 Circumstances of death do not establish that the accused were guilty of death of deceased

Circumstances were of such a nature that took away life of Archita. While she was in bathroom,
kerosene was poured over her, apparently match was lit by in-laws and she burned to death.3

The circumstances are of such a nature which do not in any way establish that the accused were
responsible for death of accused. The standard of proof in criminal cases is beyond reasonable death.
However, in this case circumstances do not clearly establish the guilt of accused.

One of the essential ingredients of Section 304B IPC is:

“The death of a woman should be caused by burns or fatal injury or otherwise than under a normal
circumstance"4

2
Section 304B, Indian Penal Code, 1860.
3
Factsheet
4
Shamnsaheb M. Multtani v. State of Karnataka, (2001) 2 SCC 577, Bakshish Ram v. State of Punjab (2013) 4 SCC
131.
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In this case the circumstances show that while in bathroom kerosene was poured over her. A match
was lit and she burnt to death. These circumstances do not beyond reasonable doubt show that the in-
laws were responsible for death of deceased.

1.2 The suicide note recovered do not establish that the accused and their dowry demands
caused deceased’s death

The suicide not recovered by the police mentioned:

“I have had enough of life without any love and don’t want to live any longer.”5

The facts have shown that prior to her marriage she was in love with someone else. She was forced
to marry the accused. She continued to meet Ashish even after her marriage. On being caught, she
tried to mend relations with her husband. This took a toll on her health. She became suicide prone
and depressed. Even though she took medications, they were of no avail. These were the
circumstances which indicated she was in a loveless marriage and that drove her to commit suicide.

2. THAT THE ACCUSED ARE NOT GUILTY UNDER SECTION 498A OF IPC

It is respectfully submitted before the honorable court that the accused are not guilty under Section
498A of IPC.

Section 498A of IPC states that:

“ Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband
or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or
to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person
related to her to meet any unlawful demand for any property or valuable security or is on account of
failure by her or any person related to her to meet such demand.” 6

5
Factsheet.
6
Section 498A of Indian Penal Code, 1860
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For commission of an offence under Section 498-A, following necessary ingredients require to be
satisfied:

“(a) The woman must be married;

(b) She must be subjected to cruelty or harassment; and

(c) Such cruelty or harassment must have been shown either by husband of the woman or by the
relative of her husband” 7

Section 498A (a) states that wilful conduct on part of husband should drive the woman to commit
suicide. In the above mentioned facts, the suicide note clearly states that lack of love drove her to take
her life. She was in love with someone else and was in a forced marriage which gradually drove her
to commit suicide. No conduct on part of accused was responsible for this.

3. THAT THE ACCUSED IS NOT GUILTY OF ABETMENT OF SUICIDE UNDER

SECTION 306 IPC

It is respectfully before the honorable court that the accused are not guilty under Section 306 IPC.

Section 306 IPC states that:

“If any person commits suicide, whoever abets the commission of such suicide, shall be punished
with imprisonment of either description for a term which may extend to ten years, and shall also be
liable to fine.”

In the above case the in-laws were no way abetting the suicide of deceased. The suicide not recovered
showed that she was exhausted of living in a loveless marriage and that was responsible for her death.

7
U. Suvetha v. State, (2009) 6 SCC 757.
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PRAYER

Therefore, in the light of the issues raised, arguments advanced, reasons given and authorities cited,
it is humbly prayed before the Hon‘ble Court to adjudge and declare:

1. That the accused are not guilty of dowry death under Section 304B IPC.
2. That the accused are not guilty of mental cruelty under Section 498A IPC.
3. That the accused are not guilty of abetting the suicide of deceased under Section 306 IPC.
4. That the accused be acquitted of above mentioned offenses.

And any other relief that this Hon‘ble Court may be pleased to grant in the interest of justice, equity
and good conscience.

Counsel for Respondents

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