TC-622
6TH NATIONAL MOOT
COURT COMPETITION,2024
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BEFORE THE HON’BLE HIGH COURT OF MADHO PRADESH
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CRIMINAL APPEAL NO. _____/20XX
UNDER SECTION 374(2) OF THE CrPC
IN THE MATTER OF
PRASHANT………………….……………APPELLANT
V.
STATE OF MADHO
PRADESH……………….….…...RESPONDENT
MEMORIAL ON BEHALF OF THE RESPONDENT
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TABLE OF CONTENT
1. LIST OF ABBREVIATIONS…………………………………………………..……..……3
2. INDEX OF AUTHORITIES………………………………………………………….……4
3. STATEMENT OF JURISDICTION…………………………………………………..…..8
4. STATEMENT OF FACTS………………………………………………...….....…..……..9
5. STATEMENT OF ISSUES…...……………………………………………………….......10
6. SUMMARY OF ARGUMENTS…………………………………………………......…...11
7. ARGUMENTS ADVANCED………………………………………………………....…..13
ISSUE I
1.1 Absence of Substantial Question of Law………………………………………………13
1.2. Factual Findings and Evidentiary Assessment………………………………………...14
1.3. Sufficiency Of Evidence and Forensic Analysis………………………………………15
1.4. Conclusion……………………………………………………………………………..16
ISSUE II
2.1. Hearsay and Lack of Authenticity……………………………………………………..17
2.2. Inadmissibility off Self-Incriminating Statements………………………………….....18
2.3. Questionable Circumstances Surrounding Discover…………………………………..19
2.4. Importance Of Scrutinizing the Veracity of Suicide Notes……………………………21
2.5. Conclusion……………………………………………………………………………..22
ISSUE III
3.1 Introduction……………………………………………………………………………..23
3.2 Intent to Kill…………………………………………………………………………….24
3.3 Evidentiary Value of Evidences………………………………………………………...26
3.4 Motive…………………………………………………………………………………..27
3.5 Conclusion……………………………………………………………………………...29
8. PRAYER……………………………………………………………………………….......30
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LIST OF ABBREVIATIONS
ABBREVIATION ACTUAL TERM
& And
AIR All India Reporter
Anr. Another
CrPC Code of Criminal Procedure
FIR First Information Report
HC High Court
Hon'ble Honourable
i.e. That is
IEA Indian Evidence Act
IPC Indian Penal Code
Ltd. Limited
No. Number
Ors. Others
PS Police Station
r/w Read With
SC Supreme Court
SCC Supreme Court Cases
SCR Supreme Court Reporter
Sec. Section
UOI Union of India
V. Versus
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INDEX OF AUTHORITIES
LEGAL PRECEDENTS
INDIAN CASES
S. No. CASE NAME COURT NAME CITATION PAGE
NO.
1. Anda v. State of Rajasthan Supreme Court of India 1965 SCC 26
OnLine SC 46
2. Atley v. State of U.P. Supreme Court of India 1955 SCC 28
OnLine SC 51
3. Emperor v Mushnooru Session Court (1912) 22 28
Suryanarayana Murthy MLJ333
4. Gambhir v. State of Supreme Court of India (1982) 2 SCC 27
Maharashtra 351
5. Hiralal v. State of Rajasthan Supreme Court of India Appeal (Crl.) 14
1307 of 2006
6. Kalyan Kumar Gogoi v. Supreme Court of India AIR 2011 SC 18
Ashutosh Agnihotri 760
7. Khushal Rao v. State of Supreme Court of India 1958 SCR 21
Bombay 552
8. Narotam Singh v. State of Supreme Court of India AIR 1978 SC 15
Punjab 1542
9. Ram Nath v. State of U.P. Supreme Court of India Criminal 14
Appeal No.
479 of 2012
10. Ramesh Kumar Vs State of Supreme Court of India (2001) 9 SCC 22
Chhattisgarh 618
11. Ranganayaki v. State Supreme Court of India (2004) 12 28
SCC 521
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S. No. CASE NAME COURT NAME CITATION PAGE
NO.
12. Sheo Swarup v. King Privy Council AIR 1934 PC 14
Emperor 227
13. State (NCT of Delhi) v. Supreme Court of India AIR 2005 SC 21
Navjot Sandhu alias Afsan 3820
Guru
14. State of Maharashtra v. Anil High Court of Criminal 18
Maharashtra Appeal
No.132 of
1999
15. State of Maharashtra v. Dr. Supreme Court of India (2003) 4 SCC 19
Praful B. Desai 601
16. State of Maharashtra v. Maharashtra High Court Criminal 20
Raghunath Curshna Appeal No.
Kulkarni 243 of 1998
17. State of Rajasthan v. Supreme Court of India 2017 (5) SCC 13
Ramanand 695
18. State of Rajasthan v. Teja Supreme Court of India (2001) 4 SCC 16
Singh 324
19. State of U.P. v. Hari Prasad Supreme Court of India (1974) 3 SCC 28
673
20. State of U.P. v. Naresh and Supreme Court of India (2001) 4 SCC 16
Ors 324
INTERNATIONAL CASES
S. No. CASE NAME COURT NAME CITATION PAGE
NO.
21. R. v Woolin House of Lords 1999, AC 82 26
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STATUES
[Link] STATUES
1. Code of Criminal Procedure, 1973, No. 2, Acts of Parliament, 1974 (India)
2. Criminal Law (Amendment) Act, 2013, § 9, No. 13, Acts of Parliament, 2013 (India).
3. Indian Evidence Act, 1872, No. 1, Acts of Parliament, 1872 (India)
4. Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860 (India).
REFERENCES
[Link]. REFERENCES
1. Bom HC | Whether a convict who has challenged his conviction under S. 374 CrPC is
entitled to benefit under S. 436-A CrPC?: Full Bench discusses Bombay High Court
Published on August 29, 2020By Bhumika Indulia
2. Appeal against conviction cannot be dismissed on the ground that the accused is
absconding: Supreme Court, Published on July 15, 2022By Prachi Bhardwaj
3. High Court, being First Appellate Court, cannot acquit an accused without re-
appreciation of evidence: Supreme Court, Published on February 2, 2021By Prachi
Bhardwaj
4. In an appeal against conviction, appellate court is duty bound to appreciate evidence
on record, Published on November 21, 2017By Saba
BOOKS
[Link] BOOK NAME
1. R.V. Kelkar’s, Criminal Procedure,EBC (2023)
2. KD Gaur, Textbook on Indian Penal Code, Universal, LexisNexis, 7th Edition
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[Link] BOOK NAME
3. Dr. Avtar Singh, Principles of The Law of Evidence,24th Edition
4. Lexisnexis The Indian Penal Code by Ratanlal & Dhirajlal – 35th Edition 2021
5. LexisNexis Textbook on The Law of Evidence by Chief Justice M Monir, 12th
Edition, 2021
6. CK Takwani , Criminal Procedure (LexisNexis 2014)
DATABASES
[Link] DATABASES
1. [Link]
2. [Link]
3. [Link]
4. [Link]
5. [Link]
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STATEMENT OF JURISDICTION
THE COUNSEL FOR THE RESPONDENT, STATE OF MADHO PRADESH HEREBY
HUMBLY SUBMIT TO THIS HON’BLE COURT’S JURISDICTION UNDER SECTION
374(2) OF THE CODE OF CRIMINAL PROCEDURE,1973: -
(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge
or on a trial held by any other Court in which a sentence of imprisonment for more than seven
years has been passed against him or against any other person convicted at the same trial;
may appeal to the High Court.
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STATEMENT OF FACTS
FAMILY DYNAMICS AND CONCEALED PATERNITY
Prashant, a prominent industrialist in Madho Pradesh, resides in the luxurious 'Paramount' building
with his wife, Priyamana, and their daughter, Riya. Priyamana's cousin brother, Kartik, lives with
them. The family's outward success conceals hidden truths, including Kartik being Priyamana's
biological son, a fact unknown to Prashant for many years.
TENSION AND DISAPPROVAL
The relationship between Kartik and Riya becomes a source of tension within the family, particularly
with Priyamana, who disapproves of their growing closeness. Riya is sent to the United States under
the pretext of continuing her studies, leaving emotional turmoil behind. Prashant questions Priyamana
about her disapproval, expressing frustration over her stance.
HEATED ARGUMENT AND THREATS
On August 2, 2020, a heated argument ensues between Prashant and Priyamana, during which a
gunshot is heard. Kartik is later discovered dead on the ground floor of the building. Prashant, furious
about Riya being sent away and suspicious of Priyamana's intentions, is seen threatening her with a
gun, expressing anger over her actions regarding Kartik and Riya.
DISCOVERY AND INVESTIGATION
Prashant learns on the same day that Kartik is his wife's biological son, leading to a violent
confrontation. The investigation reveals that the revolver used to shoot Kartik belongs to Prashant,
and forensic evidence, including fingerprints, links him to the crime. Witnesses, including a maid and
a neighbour named Vishal, testify against Prashant.
LEGAL PROCEEDINGS AND CONVICTION
Despite Prashant and Priyamana claiming innocence and contending that the gunshot was accidental,
the trial court finds Prashant guilty of murder under Section 302 of the Indican Penal Code, 1860. He
is sentenced to ten years in rigorous imprisonment. The case is now being appealed before The
Hon'ble High Court of Madho Pradesh, where further legal proceedings will unfold.
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STATEMENT OF ISSUES
-ISSUE I-
WHETHER THE APPEAL IS MAINTAINABLE BEFORE THE HIGH COURT OF
MADHO PRADESH?
-ISSUE II-
WHETHER THE SUICIDE NOTE FOUND WOULD BE ADMISSIBLE AS A RELEVANT
EVIDENCE UNDER THE INDICAN EVIDENCE ACT,1872?
-ISSUE III-
WHETHER PRASHANT IS LIABLE FOR THE OFFENCE OF MURDER u/s 302 UNDER
THE INDICAN PENAL CODE,1860?
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SUMMARY OF ARGUMENTS
[Link] THE PRESENT APPEAL IS MAINTAINABLE BEFORE THE HIGH
COURT OF MADHO PRADESH?
It is most respectfully submitted;
In the matter concerning the appeal against the conviction of Mr. Prashant for murder under
Section 302 of the Indian Penal Code, it is submitted that the appeal lacks merit and should not be
entertained by this Hon'ble Court. The crux of the argument revolves around the absence of
substantial questions of law, which are essential for invoking the appellate jurisdiction of this
Court. The appellant's contentions primarily contest the factual findings and evidentiary
assessments made by the Trial Court, which do not constitute substantial questions of law. It is
emphasized that appellate courts are concerned with legal issues and errors of law rather than
factual disputes. The principle that trial court findings are entitled to great weight unless there is a
manifest error or miscarriage of justice is underscored. Moreover, the sufficiency of evidence,
including the postmortem report, forensic analysis, and eyewitness testimonies, overwhelmingly
implicates the appellant in the crime. These pieces of evidence leave no room for doubt regarding
the appellant's guilt beyond a reasonable doubt. Therefore, it is respectfully submitted that the
appeal lacks merit and should be dismissed to uphold the integrity of the judicial process and
ensure justice is served.
II. WHETHER THE SUICIDE NOTE FOUND WOULD BE ADMISSIBLE AS A
RELEVANT EVIDENCE UNDER THE INDICAN EVIDENCE ACT,1872?
It is most respectfully submitted;
In the present case, representing the respondent, the central argument revolves around contesting
the admissibility of the suicide note purportedly written by the deceased, Mr. Kartik. It is asserted
that the suicide note should not be considered as relevant evidence due to concerns regarding
hearsay and lack of authenticity. Emphasizing the principles of fair trial and due process, it is
argued that the suicide note lacks credibility and reliability, being inherently biased as a self-
serving statement by Mr. Kartik. Moreover, its authenticity is questioned due to the absence of
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concrete evidence confirming its authorship. Legal precedents are cited to underscore the cautious
treatment of hearsay evidence in courts and the need for proper authentication. Additionally, the
inadmissibility of self-incriminating statements and the importance of procedural safeguards, such
as cross-examination, are highlighted to ensure fairness in legal proceedings. The circumstances
surrounding the discovery of the suicide note are scrutinized, with concerns raised about the lack
of conclusive evidence regarding its chain of custody and authenticity. Furthermore, the potential
motives and implications of the note's contents are analyzed, drawing parallels to legal principles
governing similar situations in previous cases. The conclusion emphasizes the significance of
rigorous scrutiny in evaluating suicide notes, stressing the need for corroborative evidence and
adherence to procedural safeguards to uphold the integrity of the legal process and ensure justice
is served impartially.
III. WHETHER PRASHANT IS LIABLE FOR THE OFFENCE u/s 302 OF THE INDICAN
PENAL CODE,1860?
It is most respectfully submitted;
In the prosecution's case against Mr. Prashant for the murder of Mr. Kartik, a comprehensive
argument is presented, supported by a range of evidence and legal principles. The narrative begins
with an introduction highlighting the tragic circumstances leading to Kartik's untimely demise,
emphasizing the hidden tensions within the family and the violent confrontation that resulted in
his death. Section 300 of the Indian Penal Code is invoked to establish the elements of murder,
focusing on Prashant's intent to cause harm or death to Kartik. Circumstantial evidence, including
witness testimonies and forensic analysis, is meticulously examined to demonstrate Prashant's
culpability. The evidentiary value of testimonies, post-mortem reports, and ballistics analysis is
underscored, along with the motive behind Prashant's actions, driven by the revelation of Kartik's
true paternity. Legal precedents are cited to bolster the prosecution's case, emphasizing the transfer
of malice principle and the significance of circumstantial evidence. In conclusion, the prosecution
urges the court to affirm Prashant's conviction, stressing the importance of delivering justice for
the victim and his grieving family, while upholding the rule of law and deterring acts of violence.
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ARGUMENTS ADVANCED
[Link] THE PRESENT APPEAL IS MAINTAINABLE BEFORE THE HIGH
COURT OF MADHO PRADESH?
It is most respectfully submitted;
1.I appear before this Hon'ble Court on behalf of the respondent, the State, in the present appeal
against the conviction of Mr. Prashant for the offense of murder under Section 302 of the Indican
Penal Code, 1860. I submit that the present appeal is not maintainable before this Hon'ble Court
for the following reason
1.1ABSENCE OF SUBSTANTIAL QUESTION OF LAW
[Link] concept of a substantial question of law is integral to the appellate jurisdiction of this Hon'ble
Court. A substantial question of law refers to an issue that is significant, debatable, and affects the
rights of the parties involved. It must be of public importance or have implications beyond the case
at hand. In criminal appeals, this often pertains to interpretation or application of legal principles,
procedural irregularities, or constitutional matters.
[Link] the present case, upon careful examination of the grounds of appeal, it becomes apparent that
the appellant primarily seeks a re-evaluation of the evidence and factual findings made by the Trial
Court. This does not constitute a substantial question of law. Rather, it pertains to the assessment
of evidence, which is within the realm of factual determination by the Trial Court.
[Link] the case of State of Rajasthan v. Ramanand 1, the Supreme Court held that an appeal before
the High Court under Section 374(2) of the CrPC must raise substantial questions of law or
challenge the trial court's decision on legal grounds, rather than merely disputing factual findings
or the weight of evidence.
1
2017 (5) SCC 695
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[Link] is well-established in Indican jurisprudence that appellate courts do not ordinarily re-assess
evidence or interfere with findings of fact arrived at by the Trial Court unless there is a manifest
error of law or a clear miscarriage of justice. The appellate jurisdiction is primarily concerned with
legal issues and errors of law rather than factual disputes.
In Hiralal v. State of Rajasthan2, the Supreme Court held that for an appeal to be maintainable, it
must involve a substantial question of law that is not covered by settled legal principles. The mere
reiteration of factual arguments without invoking legal principles does not meet this criterion.
[Link] of appeal primarily dispute the trial court's assessment of evidence and factual findings.
However, it is a well-established legal principle that mere disagreement with the trial court's factual
findings does not constitute a substantial question of law. In Ram Nath v. State of U.P.3, the
Supreme Court reiterated that an appeal does not lie merely because the appellant challenges the
trial court's findings of fact.
1.2. FACTUAL FINDINGS AND EVIDENTIARY ASSESSMENT
[Link] is a fundamental principle of law that trial court findings are entitled to great weight and are
presumed to be correct. This presumption stems from the fact that trial courts are best positioned
to assess the evidence, evaluate witness testimony, and consider other relevant factors presented
during the trial. Trial judges have the advantage of observing the demeanour of witnesses firsthand,
which aids in credibility determinations. As such, absent any manifest error or miscarriage of
justice, trial court findings carry significant weight and are generally binding on appellate courts.
In the case of Sheo Swarup v. King Emperor 4, the Privy Council held that an appeal does not lie
merely because the appellant is dissatisfied with the finding.
[Link] appellate jurisdiction of higher courts extends only to errors of law apparent on the face of
the record. This means that appellate courts may intervene if they find that the trial court has
2
Appeal (Crl.) 1307 of 2006
3
Criminal Appeal No. 479 of 2012
4
AIR 1934 PC 227
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misapplied the law, misinterpreted statutes, or committed procedural irregularities that have
materially affected the outcome of the case. Appellate courts do not reevaluate factual findings or
reassess the weight of evidence unless there is a clear error or irregularity in the trial court's
process.
[Link] the case Narotam Singh v. State of Punjab5, the Supreme Court emphasized in this case that
an appeal against conviction must raise questions of law or jurisdictional errors, and the appellant
cannot merely challenge the assessment of evidence or factual findings made by the trial court.
Mere disagreement with factual findings or evidentiary assessments does not constitute an error of
law. Appellate courts do not substitute their judgment for that of the trial court merely because
they may have reached a different conclusion based on the evidence presented. Instead, appellate
courts focus on whether the trial court correctly applied legal principles and procedures in reaching
its decision. Appellate intervention is warranted only if there is a legal error that has impacted the
fairness or legality of the trial proceedings.
1.3. SUFFICIENCY OF EVIDENCE AND FORENSIC ANALYSIS
[Link] postmortem report serves as a crucial piece of evidence in determining the cause of death.
In this case, the postmortem report conclusively established that Mr. Kartik died due to a gunshot
wound. Postmortem reports are prepared by qualified medical professionals who conduct thorough
examinations of the deceased's body, documenting any injuries or trauma. Courts generally accord
significant weight to postmortem reports due to their scientific rigor and impartiality.
The forensic analysis conducted in this case further strengthens the prosecution's case. Forensic
experts examined the bullet retrieved from Mr. Kartik's body and confirmed that it matched the
firearm registered in the name of the appellant, Mr. Prashant. Additionally, the presence of the
appellant's fingerprints on the bullet provides compelling evidence linking him to the crime.
Forensic analysis plays a crucial role in criminal investigations by providing objective scientific
evidence that can corroborate or refute witness testimonies and circumstantial evidence.
5
AIR 1978 SC 1542
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[Link] testimonies also contribute to the body of evidence presented before the court.
While eyewitness testimonies may be subjective and prone to errors, they can provide valuable
insights into the events surrounding the crime. In this case, eyewitness testimonies may have
corroborated the events leading up to Mr. Kartik's death, further bolstering the prosecution's case.
The case of State of Rajasthan v. Teja Singh 6, underscores the importance of forensic analysis in
criminal investigations. The Supreme Court held that forensic evidence, such as ballistics analysis
matching a bullet to a specific firearm, can provide crucial corroborative evidence in establishing
the guilt of the accused beyond a reasonable doubt.
[Link] the case of State of U.P. v. Naresh and Ors7, the Supreme Court reiterated the value of
eyewitness testimonies in criminal trials. While acknowledging that eyewitness testimonies may
be subjective and prone to errors, the Court held that corroborative eyewitness accounts can
provide valuable insights into the events surrounding the crime and strengthen the prosecution's
case.
[Link], the combination of the postmortem report, forensic analysis, and eyewitness
testimonies presented overwhelming evidence implicating the appellant, Mr. Prashant, in the
murder of Mr. Kartik. The forensic evidence plays a crucial role in establishing the link between
the appellant's firearm and the bullet retrieved from the deceased's body, providing irrefutable
proof of his involvement in the crime. As such, the trial court's reliance on this evidence to convict
the appellant was well-founded and justified based on the principles of criminal jurisprudence.
1.4. CONCLUSION
[Link] conclusion, it is abundantly clear that the present appeal lacks the requisite grounds to be
entertained by this Hon'ble Court. The appellant's arguments predominantly center around
disputing the trial court's factual findings and evidentiary assessments, which do not constitute
6
(2001) 3 SCC 147
7
(2001) 4 SCC 324
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substantial questions of law. The appellate jurisdiction of this Hon'ble Court is rightfully reserved
for matters of legal significance, such as interpretation or application of legal principles, procedural
irregularities, or constitutional matters. However, the appellant has failed to demonstrate any such
issues warranting appellate intervention.
[Link], the overwhelming evidence presented during the trial, including the postmortem
report, forensic analysis, and eyewitness testimonies, unequivocally establishes the guilt of the
appellant beyond a reasonable doubt. These pieces of evidence leave no room for doubt regarding
the appellant's involvement in the heinous crime.
Given the absence of any substantial question of law and the overwhelming evidence against the
appellant, it is respectfully submitted that the present appeal is devoid of merit and should be
dismissed by this Hon'ble Court. Upholding the trial court's judgment is not only legally sound but
also essential for ensuring justice is served and maintaining the integrity of the judicial process.
II. WHETHER THE SUICIDE NOTE FOUND WOULD BE ADMISSIBLE AS A
RELEVANT EVIDENCE UNDER THE INDICAN EVIDENCE ACT,1872?
It is most respectfully submitted that;
[Link] the matter at hand, we appear on behalf of the respondent, the crux of the argument lies in
the contention that the suicide note purportedly written by the deceased, Mr. Kartik’s suicide note,
should not be considered as a relevant piece of evidence and must not be admissible in the
proceedings of this case. The counsel submits that the admission of the suicide note would be
prejudicial and violative of the principles of fair trial and due process
2.1. HEARSAY AND LACK OF AUTHENTICITY
[Link] suicide note in question lacks credibility and authenticity. It is essential to note that the
note is a self-serving statement made by the deceased, Mr. Kartik, and is therefore inherently
biased. Furthermore, there is no concrete evidence to establish the authenticity of the note. It is
merely a piece of paper found at the scene, and there is no corroborating evidence to confirm that
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it was indeed authored by Mr. Kartik. The note cannot be considered reliable evidence as it
constitutes hearsay and lacks the necessary authentication. However, the validity and the
trustworthiness of the suicide note must be checked which can be done with the help of forensic
examination.8Similarly, in the case of Kalyan Kumar Gogoi v. Ashutosh Agnihotri 9 the Supreme
Court reiterated that hearsay evidence is generally inadmissible unless it falls within recognized
exceptions or is corroborated by other evidence.
[Link] cases underscore the foundational principle in Indian evidence law that hearsay evidence,
including documents like the suicide note in question, must be treated with caution and generally
cannot be relied upon as substantive evidence without corroborating evidence or proper
authentication. The absence of the maker of the statement for cross-examination raises serious
doubts about the reliability and authenticity of the evidence, rendering it potentially inadmissible.
Therefore, it is imperative for the courts to adhere to these principles to ensure fairness and justice
in legal proceedings.
2.2. INADMISSIBILITY OF SELF-INCRIMINATING STATEMENTS
[Link] inadmissibility of self-incriminating statements in legal proceedings, particularly when
they are made by one party and are sought to be used against another party, is a fundamental
principle in the realm of criminal law. This principle is rooted in the notions of fairness, due
process, and the right to a fair trial, all of which are crucial components of the justice system.
[Link]-incriminating statements refer to admissions or confessions made by an individual that
implicate themselves in criminal conduct. While such statements can be powerful evidence against
the person who makes them, their admissibility against other accused individuals is heavily
regulated by legal principles and safeguards.
[Link] against co-accused individuals is the lack of opportunity for cross-examination.
Cross-examination is a cornerstone of fair trial procedures as it allows parties to challenge and test
8
State of Maharashtra v. Anil, Criminal Appeal No.132 of 1999
9
AIR 2011 SC 760
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the credibility, reliability, and accuracy of evidence presented against them. When one party makes
a self-incriminating statement, the other accused individuals should have the opportunity to
question and challenge the veracity of that statement through cross-examination. Without this
opportunity, admitting such statements would violate the principles of fairness and natural justice.
[Link], self-incriminating statements can be inherently unreliable and susceptible to
coercion, manipulation, or misunderstanding. Individuals may make false confessions under
duress, coercion, or psychological pressure, or they may confess to crimes they did not commit
due to misunderstanding or confusion. Therefore, admitting self-incriminating statements without
proper safeguards could lead to miscarriages of justice and wrongful convictions.
[Link] the context of a suicide note like Kartik's, where the note contains self-incriminating
statements, the principles laid down in these cases would likely apply. If the suicide note was
obtained under duress, coercion, or without proper safeguards for voluntariness, it may be deemed
inadmissible as evidence against the accused. The courts would consider the circumstances
surrounding the creation of the note and ensure that the rights of the accused are upheld in
accordance with these principles.
2.3. QUESTIONABLE CIRCUMSTANCES SURROUNDING DISCOVER
[Link] the case at hand, the circumstances surrounding the discovery of the suicide note indeed raise
doubts about its authenticity and reliability. The absence of conclusive evidence regarding the
chain of custody of the note and the lack of witnesses to its creation cast doubt on its veracity.
Additionally, the timing of its discovery, particularly in relation to the events leading up to Mr.
Kartik's death, further raises questions about its credibility.
[Link] principle highlighted in the case of State of Maharashtra v. Dr. Praful B. Desai 10 is highly
relevant in this context. In this case, the Supreme Court emphasised the importance of establishing
the authenticity and integrity of documentary evidence, particularly when it forms a crucial part of
10
(2003) 4 SCC 601
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the prosecution's case. The court held that documentary evidence must be properly authenticated
and verified to ensure its reliability and admissibility in court proceedings.
[Link] this principle to the present case, the authenticity and integrity of the suicide note
found on the 9th floor of the building must be scrutinized. The absence of conclusive evidence
regarding the chain of custody raises concerns about the possibility of tampering or manipulation
of the note. Moreover, the lack of witnesses to the creation of the note calls into question its
authorship and raises doubts about whether it was indeed authored by Mr. Kartik.
[Link], the timing of the note's discovery in relation to the events leading up to Mr.
Kartik's death is also significant. The circumstances surrounding Mr. Kartik's death, including the
heated argument between members of the household and the presence of a licensed gun belonging
to Mr. Prashant, suggest a complex and potentially volatile situation. In such a context, the
discovery of a suicide note purporting to explain Mr. Kartik's actions warrants careful scrutiny and
verification.
[Link], the timing of Sumita's witness account aligns with the timeframe surrounding
Kartik's death. The altercation between Prashant and Priyamana, witnessed by Sumita, occurred
shortly before the gunshot was heard, indicating a potential connection between the two events.
Prashant's threatening statements directed towards Priyamana, coupled with the subsequent
discovery of Kartik's body, suggest a plausible motive for Prashant's involvement in Kartik's death.
[Link] the case of State of Maharashtra v. Raghunath Curshna Kulkarni 11 the accused was convicted
of murder after causing the death of his wife during a heated argument. The court held that the
accused's actions, which led to the victim's death, were done with the intent to cause bodily harm
and resulted in her demise. This case demonstrates the principle of criminal liability for actions
committed during heated arguments or altercations. Although these cases may not precisely mirror
the events leading to Kartik’s death but at very same time it exemplifies the legal principles
pertinent to this case.
11
Criminal Appeal No. 243 of 1998
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[Link] Supreme Court reiterated the principles of the importance of proving the authenticity and
integrity of documentary evidence, especially when it forms a crucial part of the prosecution's case.
The court highlighted the need for strict adherence to procedural safeguards to ensure the reliability
of documentary evidence presented in court in the case of State (NCT of Delhi) v. Navjot Sandhu
alias Afsan Guru12. While the case may not directly address the admissibility of suicide notes, they
provide guidance on the standards for admitting and evaluating documentary evidence in legal
proceedings. In the context of the present case, where the authenticity and reliability of the suicide
note are in question, courts would likely consider factors such as the chain of custody, the
circumstances surrounding its discovery, and any corroborating evidence to determine its
admissibility and probative value.
2.4. IMPORTANCE OF SCRUTINIZING THE VERACITY OF SUICIDE NOTES
[Link] the legal context, suicide notes often serve as crucial pieces of evidence in cases involving
suspicious deaths or alleged suicides. However, their admissibility and reliability hinge upon
thorough scrutiny to ascertain their veracity. The significance of scrutinizing the veracity of suicide
notes cannot be overstated, as they may have far-reaching implications for the outcome of criminal
proceedings.
[Link] the case of Khushal Rao v. State of Bombay13The Supreme Court laid down important
principles regarding the admissibility and reliability of dying declarations. The court emphasised
that while dying declarations are admissible as evidence, they must be subjected to scrutiny due to
the absence of the accused's opportunity for cross-examination.
[Link] the principles established in Khushal Rao v. State of Bombay 14 to the present case, it
becomes evident that the reliability of the suicide note attributed to Mr. Kartik must be scrutinized.
Like dying declarations, suicide notes are often made in circumstances where the author is
unavailable for cross-examination, thereby raising concerns about their veracity.
12
AIR 2005 SC 3820
13
1958 SCR 552
14
Ibid
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[Link], the cryptic language of the suicide note makes it ambiguous and without proper context
or corroborating evidence, such language can lead to misinterpretation and misrepresentation of
the author's intentions, highlighting the importance of thorough scrutiny to uncover the true
meaning behind the note.
[Link] Ramesh Kumar Vs State of Chhattisgarh15 it was laid by the Court that if the accused by his
act or continuous course of conduct creates such circumstances that no other option is left with the
deceased or the victim but to commit suicide, then such conduct or act may be inferred as
instigation.
[Link] notes may be subject to alterations or tampering after they are written, either
intentionally or unintentionally. Scrutinising the veracity of the note involves examining the
integrity of its contents and assessing whether any alterations have occurred. This scrutiny ensures
that the note's authenticity remains intact and that any changes are appropriately accounted for in
legal proceedings. The mental state of individuals who write suicide notes can vary widely, ranging
from clarity of mind to extreme emotional distress or instability. Therefore, it is essential to
consider the author's mental state at the time of writing the note and to assess whether it accurately
represents their true intentions.
2.5. CONCLUSION
[Link] conclusion, the examination and scrutiny of suicide notes hold profound significance in the
realm of criminal justice. These notes, often authored in the context of profound emotional distress
or significant life events, can potentially serve as crucial pieces of evidence in legal proceedings.
However, their admissibility and reliability are contingent upon thorough evaluation to ascertain
their authenticity and truthfulness.
[Link] like dying declarations, which are statements made by individuals on the brink of death,
suicide notes lack the crucial element of cross-examination by the accused. This absence of
opportunity for direct questioning underscores the importance of subjecting these notes to
15
(2001) 9 SCC 618
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meticulous scrutiny. The veracity of suicide notes may be influenced by a myriad of factors,
including the emotional state of the author, potential external pressures, and the circumstances
surrounding their creation.
[Link] assessing the reliability of a suicide note, it becomes imperative to delve into the context
in which it was written. Factors such as the mental state of the author, the presence of any coercive
influences, and the clarity of expression all come into play. Moreover, the absence of opposing
testimony to counter or corroborate the contents of the note further accentuates the need for
thorough examination.
[Link] a credible suicide note may provide valuable insight into the author's state of mind and
motivations, doubts regarding its authenticity must be addressed through corroborative evidence.
This could involve investigating the circumstances leading up to the note's creation, examining
any inconsistencies or discrepancies, and exploring alternative explanations for the events
described therein.
[Link], the integrity of the legal process hinges on the scrupulous scrutiny of all available
evidence, including suicide notes. By upholding rigorous standards of evaluation, the judiciary can
ensure that justice is served impartially and that verdicts are based on reliable and credible
evidence. In doing so, the legal system reinforces the principles of fairness, transparency, and
accountability that underpin the rule of law.
III. WHETHER PRASHANT IS LIABLE FOR THE OFFENCE u/s 302 OF THE INDICAN
PENAL CODE,1860?
It is most respectfully submitted that;
3.1 INTRODUCTION
[Link] counsel contends the conviction of Mr. Prashant for the heinous crime of murder. The
tragic loss of life in this case, the circumstances surrounding it, and the evidence presented during
the trial compel us to seek justice for the victim, Mr. Kartik, and his family.
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[Link] facts of this case paint a picture of a family torn apart by hidden truths, simmering tensions,
and ultimately, a violent confrontation that led to the untimely demise of a young man with
aspirations and dreams. On the night of August 2nd, 2020, a heated argument between Mr.
Prashant and his wife, Ms. Priyamana, escalated to a point where a gunshot was heard, and shortly
thereafter, Mr. Kartik was discovered dead on the ground floor of their residence.
[Link] the evidence will show, Mr. Prashant's actions that night were not those of a concerned
husband or father, but of a man consumed by rage and intent on inflicting harm. The testimony of
the maid servant, Ms. Suman, who witnessed Mr. Prashant holding a gun and threatening Ms.
Priyamana, along with the statements made by Mr. Prashant himself, leave no doubt as to his
culpability in this matter.
[Link], forensic evidence, including the post-mortem report and ballistics analysis,
unequivocally links Mr. Prashant to the fatal gunshot wound suffered by Mr. Kartik. The discovery
of Mr. Kartik's suicide note, while tragic in its own right, serves as further evidence of Mr.
Prashant's motive and intent to cause harm.
[Link] light of the compelling evidence presented during the trial, the Trial Court rightly concluded
that Mr. Prashant's actions constituted the offence of murder under Section 302 of the Indican
Penal Code, 1860. As such, we respectfully urge this Honourable Court to uphold the conviction
and sentence imposed upon Mr. Prashant and deliver justice for the victim and his family.
48.A Murder is defined under Section 300, of the Indican Penal Code as under;
“Except in the cases hereinafter excepted, culpable homicide is murder, if the act by which
the death is caused is done with the intention of causing death, or—
2ndly.—If it is done with the intention of causing such bodily injury as the offender knows
to be likely to cause the death of the person to whom the harm is caused, or—
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3rdly.—If it is done with the intention of causing bodily injury to any person and the bodily
injury intended to be inflicted is sufficient in the ordinary course of nature to cause death,
or—
4thly.—If the person committing the act knows that it is so imminently dangerous that it
must, in all probability, cause death, or such bodily injury as is likely to cause death, and
commits such act without any excuse for incurring the risk of causing death or such injury
as aforesaid.”
3.2 INTENT TO KILL
[Link] 300 of the Indian Penal Code delineates the definition of murder and its various facets.
It stipulates that culpable homicide amounts to murder if the act causing death is executed with the
intention of causing death itself, or if it is done with the knowledge that it is likely to cause death,
or if it is done with the intention of causing bodily injury that is likely to result in death.
Additionally, it also covers cases where the act is so imminently dangerous that it must, in all
probability, cause death.
[Link] the case at hand, it is imperative to assess whether Mr. Prashant's actions align with any of
the conditions set forth in Section 300. While direct evidence of intention is often elusive, the
circumstantial evidence and Mr. Prashant's conduct before and during the incident may shed light
on his state of mind and intent.
[Link]'s statements made during the altercation with Priyamana clearly demonstrate his intent
to harm Kartik. By threatening to shoot Kartik and Priyamana, Prashant expressed his intention to
cause serious harm or death. This intent is further supported by the circumstances surrounding the
argument, particularly Prashant's discovery of Kartik's true paternity, which likely heightened his
emotions and motivation to harm Kartik. Looking at the first clause of Section 300, we can
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establish that culpable homicide is murder when the act which has caused the death is done with
the intention to cause death.16
[Link] concept of murder in the context of murder has been clarified in the case of R. v Woolin. 17
Although Prashant may not have specifically intended to cause Kartik’s death, he had the
knowledge and the intention that his act would cause serious harm or even death of Kartik.
[Link] maid servant, Ms. Suman, testified that she witnessed Prashant holding a gun and
threatening Priyamana with it during the argument on the night of August 2nd. This threat, coupled
with Prashant's statement to Priyamana, "I am going to shoot your son and then you," clearly
indicates his intention to harm Kartik. This threat was made prior to Kartik's death and provides
strong evidence of Prashant's premeditated intent to commit the crime.
3.3 EVIDENTIARY VALUE OF EVIDENCES
[Link] testimonies provided by witnesses play a crucial role in establishing the sequence of events
leading to the crime. Ms. Suman's testimony regarding Mr. Prashant's threatening behaviour and
Mr. Vishal's observation of Kartik's fall contribute significantly to the prosecution's narrative.
Mr. Vishal, a resident of the opposite building, provided additional testimony that he witnessed
Kartik falling from the 9th floor of the building on the night of August 2nd. This testimony
corroborates the timeline of events and supports the prosecution's argument that Kartik's death was
not accidental but the result of a deliberate act committed by Prashant.
[Link] post-mortem report of Kartik clearly indicates that he died due to a gunshot wound, and it
was confirmed that the bullet came from Prashant's licensed gun. Additionally, the forensic report
matched the bullet with Prashant's fingerprints, providing further evidence that Prashant was the
16
Anda v. State of Rajasthan, 1965 SCC OnLine SC 46
17
1999, AC 82
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one who fired the fatal shot. This forensic evidence directly links Prashant to Kartik's death and
supports the prosecution's case for murder.
[Link] the defense may argue that Kartik's death was a suicide, it is important to note that the
suicide note purportedly written by Kartik mentions his intention to commit suicide due to the
revelation of his true paternity and the subsequent turmoil it caused in his family. However, the
note also mentions the loading of Prashant's revolver with bullets, indicating Kartik's fear of being
harmed by Prashant. This further supports the prosecution's argument that Kartik's death was not
a suicide but a homicide committed by Prashant.
[Link] there may not be direct eyewitnesses to the shooting, the circumstantial evidence
surrounding Kartik's death is compelling. The timing of Prashant's threats towards Priyamana, the
discovery of Kartik's body shortly after the altercation, and the presence of Prashant's fingerprints
on the gun used to kill Kartik all point towards his guilt. While each piece of evidence may not be
conclusive on its own, when considered together, they paint a clear picture of Prashant's
involvement in Kartik's murder.
[Link] importance of circumstantial evidence has been well laid down in the case of Gambhir v.
State of Maharashtra.18 The court laid down tests to determine the cases in which circumstantial
evidence could be the sole basis of conviction.
3.4 MOTIVE
[Link] had a clear motive to harm Kartik. Upon discovering that Kartik was actually
Priyamana's biological son, Prashant became enraged and threatened both Priyamana and Kartik.
This revelation of Kartik's true paternity led to a violent confrontation between Prashant and
Priyamana, ultimately resulting in Kartik's death. Prashant's motive, combined with his threatening
18
(1982) 2 SCC 351
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behaviour and the forensic evidence, establishes a strong case for his guilt in committing the
murder.
[Link] has been well established that the prosecution is not obligated to establish the motive behind
a crime. However, a motive is often suggested to increase the likelihood that the person driven by
that motive committed the offence. If a crime is claimed to have been committed due to a specific
motive, it is pertinent to examine if the crime’s pattern aligns with the supposed motive. 19
Establishing the motive behind a criminal act is typically challenging for the prosecution. It’s not
usually possible to discern another person’s thoughts. A motive is the feeling that compels
someone to perform a specific action. The compelling reason doesn’t necessarily have to be
significantly serious to lead to serious crimes.20 When there is undeniable evidence of a motive for
the crime, it provides extra backing to the court’s verdict of the defendant’s guilt. However, the
lack of such evidence doesn’t automatically imply the opposite outcome. 21
[Link] 301 of the Indican Penal Code indicates that an individual who performs an action,
knowing or intending that it could result in death, is guilty of culpable homicide. This applies even
if the individual causes the death of another person without intending to do so or without knowing
that their action would lead to that person’s death.
[Link] to Suman’s statement, she saw Prashant pointing his gun at Priyamana and not
Kartik. This does not negate the fact that Prashant had the intention to cause death. Referring to
Section 301 as mentioned above holds a person liable for murder even if he had caused death of
the person whose death he actually hadn’t intended to, given he had the knowledge that his act
would cause death of the person whom he had intended to kill.
[Link] principle has been established in the landmark case of Emperor v Mushnooru
Suryanarayana Murthy22 where the court held that even though the accused did not intend to kill
19
State of U.P. v. Hari Prasad, (1974) 3 SCC 673
20
Ranganayaki v. State, (2004) 12 SCC 521
21
Atley v. State of U.P., 1955 SCC OnLine SC 51
22
(1912) 22 MLJ333
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the deceased girls, but according to the doctrine of the transfer of malice, he will be held
responsible for the punishment.
3.5 CONCLUSION
[Link] summation, the prosecution has meticulously crafted a compelling narrative supported by a
wealth of evidence, which unequivocally points towards Mr. Prashant's culpability in the tragic
murder of Mr. Kartik. Through the diligent presentation of eyewitness testimonies, forensic
analysis, and the establishment of motive, the prosecution has woven together a tapestry of facts
that leaves no room for reasonable doubt.
[Link] is abundantly clear from the testimony of witnesses such as Ms. Suman and Mr. Vishal, as
well as the forensic evidence linking Mr. Prashant to the fatal gunshot wound suffered by Mr.
Kartik, that his actions on the night of August 2nd, 2020, were driven by a calculated intent to
cause harm. Furthermore, the revelation of Mr. Kartik's true paternity provided a potent motive for
Mr. Prashant to commit the ultimate act of violence.
[Link] the defence may attempt to cast doubt on certain aspects of the case, the cumulative
weight of the evidence presented by the prosecution forms an unassailable foundation upon which
the conviction of Mr. Prashant rests. In the pursuit of justice for the victim and his bereaved family,
it is imperative that this Honourable Court affirms the verdict of the Trial Court and upholds the
conviction of Mr. Prashant for the offence of murder under Section 302 of the Indian Penal Code,
1860.
[Link] doing so, the Court will not only honour the memory of the victim and provide solace to his
loved ones but also reaffirm the sanctity of the rule of law. It will send a clear message that acts of
violence, regardless of their motivation, will be met with the full force of justice. Therefore, we
respectfully urge this Honourable Court to render its verdict in accordance with the overwhelming
weight of evidence and deliver justice for the victim, Mr. Kartik, and his aggrieved family.
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PRAYER
Wherefore in the light of the issues raised, arguments advanced and authorities cited, it is most
respectfully prayed that:
1. The present appeal is not maintainable before the High Court of Madho Pradesh,
2. The suicide note found would not be admissible as relevant evidence under the Indican
Evidence Act,1872,
3. Prashant is liable for the offence of murder u/s 302 of the Indican Penal Code,1860.
All of which respectfully submitted
FOR THIS ACT OF KINDNESS, THE RESPONDENT SHALL DUTY BOUND
FOREVER PRAY.
On Behalf of the Respondent
Counsel for Respondent
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