Amended Proposition Clarifications For 1st UILS Intra Department Trial Advocacy Competition PDF

1st INTRA DEPARTMENT TRIAL ADVOCACY COMPETITION, 2018
UNIVERSITY INSTITUTE OF LEGAL STUDIES,

PANJAB UNIVERSITY, CHANDIGARH
Table of Contents
DISCLAIMER ................................................................................................................................................ 2
ANNEXURE 1: FINAL FORM/REPORT .......................................................................................................... 3
ANNEXURE 2: FIRST INFORMATION REPORT ...................................................................................... 8

ANNEXURE 3: RECOVERY MEMO ...................................................................................................... 12
ANNEXURE 4: SITE PLAN ................................................................................................................... 14
ANNEXURE 5: SUICIDE NOTE ............................................................................................................ 14
ANNEXURE 6: DISCLOSURE STATEMENT .......................................................................................... 15
ANNEXURE 7: POST MORTEM EXAMINATION REPORT .................................................................... 16
ANNEXURE 8: FORENSIC SCIENCE LABORATORY REPORT ................................................................ 20
ANNEXURE 9: WHATSAPP CONVERSATIONS BETWEEN JAGTAR SINGH AND NIKI AGGARWAL ...... 22
ANNEXURE 10: FORENSIC SCIENCE LABORATORY REPORT .............................................................. 22
ANNEXURE 11: WHATSAPP CONVERSATION BETWEEN SIDDHARTH DHAWAN AND JAGTAR SINGH
.......................................................................................................................................................... 25
ANNEXURE 12: PHOTOCOPY OF UNDERTAKING FOR REPAYMENT OF MONEY ............................... 26
ANNEXURE 13: CALL DATA RECORDS OF NIKI AGGARWAL .............................................................. 27
ANNEXURE 14 : REJECTION OF VISA APPLICATION........................................................................... 28
ANNEXURE 15: STATEMENTS OF PROSECUTION WITNESSES UNDER 161 Cr.P.C. ........................... 30
Statement of PW 1, Vaishali Aggarwal u/s 161 Cr.P.C. ................................................................. 30
Statement of PW 2, Deepu Seth u/s 161 Cr.P.C............................................................................ 31
ANNEXURE 16: BAIL ORDER ..................................................................................................................... 32
ANNEXURE 17: ORDER OF TRIAL COURT .................................................................................................. 33
ANNEXURE 18: STATEMENTS OF DEFENCE WITNESSES ........................................................................... 34
Statement of DW 1, Sanjay Modi...................................................................................................... 34

Statement of DW 2, Dr. Priyanka Kapoor ......................................................................................... 35
Statement of DW 3, Rampal ............................................................................................................. 36
STATEMENTS UNDER 313 Cr.P.C. ............................................................................................................. 37
1
DISCLAIMER
All characters in the problem are fictional. Any resemblance to any person, living or dead, is
purely coincidental, unintentional and not intended to hurt anybody’s sentiments.
• All documents not provided but necessary for trial are deemed to be on record.
• The actual addresses provided in the proposition are fictional but the areas are real.
• Statements under 313 Cr.P.C. have been provided so as to comply with the
mandatory trial procedure; however, prosecution is still required to examine their
witnesses.
• No additional application needs to be given to examine and cross examine the
accused.
• Each side must examine minimum 3 witnesses.
2
ANNEXURE 1: FINAL FORM/REPORT
(Under Section 173 Cr.P.C.)
Form No.25.57(2)
1. Distt. ChandigarhPS-49 Year 2017 FIR No. 135 Date 15/02/17

2. Final Report/ Charge Sheet No.
3. Date: 25/04/17
4. Act: IPC 1860 Section: 306
Act: IPC 1860 Section:420
Act: IPC 1860 Section:509
Act: IPC 1860 Section: 120B
Act: IT 2000 Section:67
5. Type of Final Form Report:Final Report

6. If F.R. Un occurred: Mistake of Fact/ Mistake of Law/ Non-cognizable/False/
Civil Nature:
7. If Charge sheet- Original/Supplementary: Original
8. Name of the I.O.: Tommy Singh Rank: ASI No.: 354CHG
9. a) Name of Complainant/ Informant: Vaishali Aggarwal
b) Father's/Husband's Name: Late Pyaarelal Aggarwal
10. Details of Properties/Articles/Documents recovered/ Seized during investigation and
relied upon:
Sr Property Estimated P.S. Property From whom/where
No. Description Value No. Recovered or
(in Rs.) Seized
11. Particulars of accused persons charge-sheeted:

Sr.No.1
i. Name: Jagtar Singh Whether Verified: Yes
ii. Father's/ Husband's Name: Late Baljinder Singh
3
iii. Date/Year of Birth: 1985

iv. Sex: Male
v. Nationality: Indian
vi. Passport no. J998765 Date of issue: 30/11/2011
Place of issue: Chandigarh
vii. Religion: Sikh
viii. Whether SC/ST: No
ix. Address: House Number 365, Sector 47, Chandigarh.
x. Whether verified: Yes
xi. Provisional Criminal No.:
xii. Regular Criminal No. (if known):
xiii. Date of Apprehended: 15/02/2017
xiv. Date of release on bail:
xv. Date on which forwarded to court:16/02/2017
xvi. Under Acts & Section: 306, 420,120B, 509 IPC 67 IT
xvii. Name (s) of bailers/sureties and Address(es):
xviii. Previous convictions with case reference: None
xix. Status of the accused: In Custody
Sr.No.2
i. Name: Siddharth Dhawan Whether Verified: Yes
ii. Father's/ Husband's Name: Akshay Dhawan
iv. Sex: Male
v. Nationality: Indian
vi. Passport no.: J894539 Date of issue: 04/01/2009
Place of issue: Chandigarh
vii. Religion: Hindu
viii. Whether SC/ST: No
ix. Address: House No. 111 Sector 33 B, Chandigarh
x. Whether verified: Yes
xi. Provisional Criminal No.:
4
xii. Regular Criminal No.

(if known):
xiii. Date of Apprehended: 15/02/2017
xiv. Date of release on bail:
xv. Date on which forwarded to court: 16/02/2017
xvi. Under Acts & Section: 306, 420,120B, 509 IPC 67 IT
xvii. Name (s) of bailers/sureties and Address(es):
xviii. Previous convictions with case reference:
xix. Status of the accused: In custody
12. Brief Facts of the Case:

On 14/02/2017 we received a call from PGI, Chandigarh that an unconscious patient who
tried to commit suicide was brought to the hospital. I, Tommy Singh along with 2 constables
Raju Rastogi and Priya Kataria reached the hospital to look into the matter. The patient died
at around 10:30 p.m. The mother registered the FIR on 15/02/2017 at around 5 a.m.
She said in the F.I.R , “In August last year, I got in touch with Jagtar Singh, the consultant
who said he would help us in getting a visa for Niki. We made a payment of 8 Lakh rupees to
him and gave him Niki's passport and other required paperwork. On 14/02/2017, I came
home from the market at around 7 p.m. and saw my daughter Niki, lying unconscious on the
floor of my bedroom. I tried to wake her up and screamed for help. Our neighbours came
running to my place and someone called the ambulance. We reached PGI at about 7:30 p.m.
To my utter dismay the hospital authorities informed the Police and in the meanwhile the
doctors attended to her. By 10:30 p.m., the Doctors told me that Niki is no more. While I was
in the hospital while Niki's treatment was going on, I read her whatsapp chats. I learnt that
she had an affair with Siddharth Dhawan and Jagtar Singh was threatening to leak her
pictures with her boyfriend who was apparently known to Jagtar. They blackmailed my
daughter by saying that she should ask me to cancel the undertaking that Jagtar had signed. I
handed the phone over to the police. In this way, Jagtar and Siddharth Dhawan have caused
the death of my daughter by blackmailing and harassing her till the point of death and have
further cheated us of Rs.8 lakhs which has not been returned to us till now.” She also handed
5
over to us Niki’s phone when the FIR was registered wherein she found conversations of the
deceased with the accused persons.
Thereby, I was deputed as the IO in this case. I, along with my team went to the house of the
deceased and made a recovery memo of all the items collected. The blood so collected was
sent for analysis. Later, we received the PMR report and also FSL report. We had also sent
the undertaking for analysis.
From the investigation conducted by me, I submit the following information:
a. Vaishali Aggarwal was given an undertaking by Jagtar Singh, the agent who undertook the
task of getting the visa of the deceased issued.
b. Jagtar Singh and Siddarth Dhawan cheated on the deceased by giving her wrong assurance of
getting her the visa and never returned the sum of rupees 8 lakhs even after failing to get the
visa.
c. Instead Jagtar Singh has been blackmailing deceased to leak her pictures with her boyfriend,
Siddharth Dhawan.
d. This abetted the deceased to commit suicide.
Therefore a case is made out against Jagtar Singh and Siddharth Dhawan and they be tried for
offences punishable under sections 306, 420, 509 read with section 120B of the IPC. The
intimate pictures were also being used to harass her and Siddharth shared them with Jagtar
hence they should be charged with section 67 of IT Act.
Notice served and dispatched.
S/d
ASI Tommy Singh

PS Sector-49
UT Chandigarh
Dated: 25/04/2017
Attached Documents:
1. Final Report
2. Copy of First Information Report
3. Recovery Memo
4. Site Plan
6
5. Suicide Note
6. Disclosure Statement
7. Post Mortem Examination Report
8. Forensic Science Laboratory Reports
9. Undertaking for Repayment
10. Call Data Record
11. Visa Rejection email
12. Statements under Section 161 Cr.P.C.
List of Witnesses:
1. Vaishali Aggarwal (PW 1).

2. Deepu Seth (PW 2).
3. Tommy Singh (PW 3).
4. Dr. Ranchhod Das Chanchad (PW 4).
5. Dr. S. Gill (PW 5).
6. Sanjay Modi (DW 1).
7. Dr. Priyanka Kapoor (DW 2).
8. Rampal (DW 3).
9. Jagtar Singh (DW 4).
10. Siddharth Dhawan (DW 5).
7
ANNEXURE 2: FIRST INFORMATION REPORT
(Under Section 154 Cr.P.C.)
1. District: CHANDIGARH P.S. : SECTOR 49

System Date and Time: 15/02/2017 05:03 hrs
FIR No.: 0135 Year: 2017
Original Date and Time: 15/02/2017 05:03 Hrs
2.
S.No. Acts Sections
1. IPC 1860 306
2. IPC 1860 420
3. IPC 1860 509
4. IPC 1860 120B
5. IT 2000 67
3. (a) Occurrence of Offence:
Day: Tuesday
Date from: 14/02/2017 Date to: 14/02/2017
Time Period:
Time From: 19:00 hrs Time To: 19:00 hrs
(b) Information received at P.S.:

Date: 15/02/2017 Time: 05:03 hrs
(c)General Diary reference:

Entry No.: 004 Time: 05:03 hrs
4. Type of Information: Written
5. Place of Occurrence
i. Direction and distance from P.S.: SOUTH, 0.75(km) Beat No.:
ii. Address: House No. 414 Sector 48, Chandigarh
iii. In case, outside the limit of this Police Station, then name the P.S.:
8
iv. District:
6. Complainant/ Informant:
i. Name: Vaishali Aggarwal
ii. Father's Name: Late Krishan Aggarwal
iv. Nationality: Indian
v. UID No.:
vi. Passport No.:
Date of Issue: Place of Issue:
vii. Occupation: School teacher

viii. Address: House No. 414, Sector 48, Chandigarh
ix. Phone No.:
Mobile: 91-9987634210
7. Details of Known/ Suspected/ Unknown accused with full particulars:

S.No Name Alias Relative’s Present Address
Name
1. Jagtar Singh Jagga Father's Name: CHANDIGARH, HOUSE
Late Baljinder NUMBER 365,WEST
Singh SECTOR 47,
CHANDIGARH,
CHANDIGARH, IND.
2. Siddharth Father's Name: CHANDIGARH, HOUSE
Dhawan Akshay Dhawan NUMBER 111, WEST
SECTOR 33,
CHANDIGARH,
CHANDIGARH, IND
8. Reasons for delay in reporting by the complainant/informant:

9
9. Particulars of properties of interest:

S.No. Property Property Description Value (in Rs/-)
Category Type
10. Total value of property stolen (in Rs/-)

11. Inquest Report/ U.D. case No., if any
S.No. UIDB
No.
12. First Information contents:

On 14/02/2017, at about 7.30 p.m. I got a call from Police Beat Sector 11 that an unconscious
person was brought to PGI. A team headed by ASI Tommy Singh along with Constable Raju
Rastogi and lady Constable Priya Kataria went to PGI. We were told that an ambulance
bearing number CHD-06-AJ-6983 brought the body of a girl. The doctors told us she was
unfit to make a statement. The mother of the girl also did not give a statement. So Constable
Priya Kataria was deputed to stay in the PGI till a statement could be recorded. Thereafter,
around 10:30 p.m. we were informed that the patient died. The mother thereafter registered
the complaint and said:
In August last year, I got in touch with Jagtar Singh, the consultant who said he would help
us in getting a visa for Niki. We made a payment of 8 Lakh rupees to him and gave him
Niki's passport and other required paperwork. On 14/02/2017, I came home from the market
at around 7 p.m. and saw my daughter Niki, lying unconscious on the floor of my bedroom. I
tried to wake her up and screamed for help. Our neighbours came running to my place and
someone called the ambulance. We reached PGI at about 7:30 p.m. To my utter dismay the
hospital authorities informed the Police and in the meanwhile the doctors attended to her. By
10:30 p.m., the Doctors told me that Niki is no more. While I was in the hospital while Niki's
treatment was going on, I read her whatsapp chats. I learnt that she had an affair with
Siddharth Dhawan and Jagtar Singh was threatening to leak her pictures with her boyfriend
who was apparently known to Jagtar. They blackmailed my daughter by saying that she
should ask me to cancel the undertaking that Jagtar had signed. I handed the phone over to
10
the police. In this way, Jagtar and Siddharth Dhawan have caused the death of my daughter
by blackmailing and harassing her till the point of death and have further cheated us of Rs.8
lakhs which has not been returned to us till now.
F.I.R. read over to the complainant/informant, admitted to be correctly recorded and a

copy given to the complainant/informant free of cost.
13. Signature/Thumb Impression of the complainant/informant:
14. Date and Time of dispatch to the court:
S/d
Officer in charge,
Police Station, Sector 49, Chandigarh
Name: Ventikutti Apte

Rank:Constable
11
ANNEXURE 3: RECOVERY MEMO
1. State: U.T. Chandigarh Year: 2017

Police Station: Sector 49, Chandigarh FIR No. 135/2017
Date: 15.02.2017
2. Acts and Section: Indian Penal Code Sec. 306, Sec. 420, Sec. 509 and Sec. 120B
Information Technology Act Sec. 67
3. Nature of property/articles seized: Property involved in crime
4. Property seized:
i. Dupatta
ii. Silver ring
iii. Suicide note
iv. Strips of anti-depressants
v. Broken glass pieces
(a) Date: 15.02.2017
(b) Time: 7:45 a.m.
(c) Place: Chandigarh
5. Witnesses:
(i) Vaishali Aggarwal
Husband’s Name: Late Pyaarelal Aggarwal
Age: 44
(ii) Jessica Sharma
Father’s Name: Anand Sharma
Age: 28
6. Action taken: The property has been packed and sealed.
7. Details of property recovered:
SI. No. Property/Articles recovered Description

1. Dupatta Orange coloured Dupatta
2. Silver ring Dried blood stains on the ring.
The words “Sid” inscribed in it
3. Suicide Note Handwritten in blue ink
4. Strips of anti-depressants 10 strips of AMYTRIPTILIN
out of which 7 were empty
12
5. Broken glass pieces Broken pieces of glass from a

glass table
8. The above mentioned properties were seized in accordance with the provisions of law in
the presence of the above said witnesses: Vaishali Aggarwal and Jessica Sharma.
9. The following properties were packed and/or sealed and the signature of the above said
witnesses obtained thereon or on the body of the property:
SI. No. Property/Article recovered Place of seal

1. Dupatta Brown Paper Bag marked as
R1.
2. Silver ring Zip Lock marked as R2.
3. Suicide Note Zip Lock marked as R3.
4. Strips of anti-depressants Zip Lock marked as R4.
5. Broken glass pieces Zip Lock marked as R5.
* All the above mentioned sealed properties/articles have been placed together in a big brown
bag marked as ‘R’ and signed by both the witnesses Vaishali Aggarwaland Jessica Sharma
and the Investigating Officer Tommy Singh.
S/d S/d
Witness 1- Vaishali Aggarwal Name of Investigating Officer: Tommy Singh
Rank: Assistant Sub Inspector
S/d
Witness 2- Jessica Sharma
13
ANNEXURE 4: SITE PLAN
A. Suicide Note
B. Strips of Anti-depressants
C. Silver ring
D. Orange coloured Dupatta
E. Broken Glass pieces
F. Blood stains
ANNEXURE 5: SUICIDE NOTE
14
ANNEXURE 6: DISCLOSURE STATEMENT
DATE: 16.02.2017 Police Station Sector 49, Chandigarh
PLACE: Chandigarh FIR No. 135/2017
Today, I, Siddharth Dhawanwithout any pressure or coercion, willfully disclose that I along
with my accomplice plotted the events to grab the money from my girlfriend. I never knew
that it would lead to such a tragic thing. I am so sorry. Please forgive me for this my love-
Nikki.I disclose that my Mobile Phone(Vivo V3 Duos) with PARTEL number 9000977788is
lying in my bedroom in #111, Sector 33-B, Chandigarh.
The team headed by me, Tommy Singh went to the said site along with the accused and
Constable Raju Rastogi and he got recovered the said mobile phone and then the same was
taken into police possession and a sealed parcel was prepared and my seal was affixed on it.
S/d S/d
A.S.I. Tommy Singh Constable Raju Rastogi
S/d
Sidhharth Dhawan
15
ANNEXURE 7: POST MORTEM EXAMINATION REPORT
GMCH, Sector-16 Chandigarh
(Form VI)
PMR NO (Given by Doctor): PMR/GS/76/PGI 14/SPS Dated: 15/02/17
Details of Doctor who conducted the Post-Mortem examination

Doctor’s Name Designation Registration no. of Doctor with
State Council/MCI
Dr.Ranchhod Das Chanchad Medical Officer 33164 MCI
Name of Deceased: Ms. Niki Aggarwal
D/o: Vaishali Aggarwal
Age: 18 years
Gender: Female
Occupation: Unemployed
Present Address: House No 414, Sector 48, Chandigarh.
Police Station: Sector 49, Chandigarh
FIR No: 0135 u/s 306, 420, 120-B IPC and Date: 15/02/17
67 of IT Act.
Person identifying the body: Yes
Sr. No. Name Address Relationship with

deceased
1 Vaishali Aggarwal House No 414, Sector 48, Mother
Chandigarh
2 Jessica Sharma House No 418, Sector 48, Neighbour
Chandigarh
16
Date and time dead bought in the mortuary: 15/02/17 at 1:00 am
Date and time of receipt of inquest papers: 15/02/17 at 1:00 am (along with the deceased)
Date and time of Commencement of Autopsy: 15/02/17 at 6:15 am
Whence brought/referral: Brought alive to PGI, Chandigarh and died around 10:30pm
Information as supplied by Hospital Records: The deceased was brought to PGI in

unconscious situation at 7:30 pm and urine test done to find the antidote but she died within 3
hours.
General description
The dead body of teenage female wrapped in two white hospital sheets. No clothes or other
belongings on the body.
• Length: 160 cm
• Weight: 55kg
• Physique: Averagely built
• Ligature Mark: Marks of creases from tying of a dupatta around the neck fixed on
the left side of the neck. Circumference= 38 cm and width = 0.5 cm
• Tongue: Protruding out of the lips and mucous membrane of mouth is bluish black.
• Eyes: Prominent, Semi open
• Pupils: Dilated and fixed
• Conjunctiva: Congested multiple Petechial Haemorrhages and Venous Congestion
• Natural orifices: Ear WNIL, Nostrils NAD, Vagina NAD , Anus Faecal matter seen
around anal orifices
Special remarks: Face is congested with streak of saliva found dribbling from right
angle of the mouth.
• Rigor Mortis : Mild Stiffening
• Post Mortem Staining: Appreciated on dependent body parts.
• Signs of decomposition: Mild
External Examination
17
Sr. No Injuries
1 Reddish brown abrasion , 2.3 cms × 0.4 cms is obliquely present on the front
left side of the neck , 4cms from the jugular notch
2 A hollow abraded depressed ligature mark of 35 cms in lenth, 0.5-0.8 cms in
width was found on the front and side of the neck with a gap of 4 cms on the
left side where it is upwards and oblique, till left pinna with shape impress.
3 Shape under ligature mark is hard to feel and brownish black in colour.
4 The underlying muscle on the neck is intact and glistening.
Internal Examination
The organs occupy normal positions, and all the internal organs are in a state of autolysis.
• Skull- NAD
• Membranes- Congested
• Brain- Congested and Multiple Petechial Haemorrhage,
• Neck- Ligature mark is dry white and patchmentised.
• Pleurae, Larynx & Trachea- Congested, blood stained frothy material present.
• Lungs- Congested, oedematous. On cut section, frothy dark haemolysed blood comes
out. Distinct pungent, garlicky odour perceptible.
• Heart- Unremarkable.
• Walls, Peritoneum- NAD
• Stomach and its content- mucous membrane congested, haemorrhage and slough out
at places. Contains about 100ml fluid and digested food and pungent garlicky odour.
• Small Intestine and large intestine - congested and distended.
• Liver and Gall Bladder - 1500 g, congested
• Kidneys- 150 g, each congested
• Bladder- Empty and NAD
Viscera’s preserved for chemical analysis

18
• In a sealed jar, stomach and a piece of small intestine and its content.
• In a sealed jar, 30 ml of blood.
Opinion
Cause of death: Death due to asphyxiation.It could also be metabolic acidosis and
cardiorespiratory depression.
Antemortem/ Postmortem: Antemortem
Time between injury and death: around 3 hours
Time between death and Postmortem: 8 hours
Postmortem Concluded at: 15/02/17 at 9:00am
S/d
Dr. Ranchhod Das Chanchad
Medical Officer
Handed over to Police
• Dead body after Post- Mortem examination duly stitched.

• Post Mortem Examination Report.
• Police inquest papers.
Received
s/d
Tommy Singh (ASI)
Sector 49, Chandigarh
19
ANNEXURE 8: FORENSIC SCIENCE LABORATORY REPORT
Central Forensic Science Laboratory

Government of India
Mohali
Regd.No:FSL(Ba)/99/2017 22.02.2017
From
Director and Chemical Examiner

Central Forensic Science
Laboratory
Mohali
To
I.O
Tommy Singh,
ASI, Sector 49
Chandigarh,
Ref: Your letter No.: FSL/ 01/ACP- 12/2017
Certificate of Examination
The articles and samples, sent in FIR No. 135/2017 of, were received in the laboratory for
the examination on 15/02/2017. The seals found on the articles were intact and tallied with
sample seal. The descriptionof the articles corresponds to that of those present in the
invoice.
Materials Examined
Article No Description Exhibit Number

1 Silver Ring with inscription A
2 Blood Samples from the floor B
3 Vivo V3 Duos Phone C
4 Blood of Accused 1 G1
20
5 Blood of Accused 2 G2
6 Blood of Deceased G3
7 Strips of Antidepressants D
Method of Analysis
Observations and tests conducted Cuttings, scrapings from the suspected areas were tested
for blood using presumptive test namely benzidine test. The presence of bloodstains was
further conferment by conduction takayama test. The extent of the stains, their size and
location were also noted.
Result of Analysis
Thecuttingsandscrapingsoftheblood-stainedexhibitsweresubjectedtoserologicalanalysis.
The origin was determined by the gel diffusion method. Cross over electrophoresis and the
bloodgroupingwasdeterminedbytheabsorptionelutionmethod.Theresultsoftheserological
test are furnishedbelow.
1. The Blood Samples on Exhibit B are the same as that on ExhibitG2.
2. The Blood Samples on Exhibit B correspond with the dried blood stains on the
Exhibit A.
Exhibit C was examined and Whatsapp chats so recovered are annexed.
Exhibit D is drug Amitriptyline used to treat depression.
Dr. Shiney Oberoi Dr. Sativ Singh

Asst.Director ForensicSerologist
Dr. S. Gill
Director,
Central Forensics Science
Laboratory, Mohali
21
ANNEXURE 9: WHATSAPP CONVERSATIONS BETWEEN JAGTAR SINGH

AND NIKI AGGARWAL1
1
As annexed to FSL Report dated 22/02/17
22
ANNEXURE 10: FORENSIC SCIENCE LABORATORY REPORT

Government of India
Mohali
Regd. No: FSL(Ba)/318/2017 23.02.2017

From
Director and Chemical Examiner
Mohali
To
Tommy Singh
ASI, Sector 49
Chandigarh
Ref: Your letter No.: FSL/ 02/ACP- 22/2017
Certificate of Examination:
The articles and samples, sent in FIR No. 135/2017 of, were received in the laboratory for
the examination on 16/02/2017. The seals found on the articles were intact and tallied with
sample seal. The descriptionof the articles corresponds to that of those present in the
invoice.
Examinations Requested:
1. Stomach and its contents; small intestine and its content

2. 30ml blood
3. Vivo V3 Duos phone (exhibit 4)
4. Photocopy of Undertaking (exhibit 5) and handwriting sample marked JS.
Result of Analysis:
Extreme traces of Amytriptilin found on gastric lavage. Blood level is 0.50mg/L.
Conclusion:
High dosage of trycylic antidepressant found in blood and stomach contents. Such high
dosage is often seen in suicide cases which can be fatal.
23
Exhibit 4 was examined and whatsapp conversations so recovered are annexed.
Conclusion of Handwriting Analysis:
The following opinion is based upon an examination of the documents submitted to me for
this purpose using the application of appropriate handwriting principles, and my experience
and training as a forensic document and handwriting examiner. It is my professional opinion
that the signature on the questioned document of the undertaking listed as exhibit 5 and
handwriting sample Marked JS, are same. This opinion is based solely on the documents
listed as having been examined.
S/d S/d S/d

Dr. Shiny Oberoi Dr. Rehaan Khan Dr. Sativ Singh
(Pathologist) (Handwriting expert) (Forensic Serologist)
S/d
Dr. S. Gill
Director,
Central Forensics Science Laboratory
Mohali
24
ANNEXURE 11: WHATSAPP CONVERSATION BETWEEN SIDDHARTH

DHAWAN AND JAGTAR SINGH2
2
As annexed to FSL Report dated 23/02/17
25
ANNEXURE 12: PHOTOCOPY OF UNDERTAKING FOR REPAYMENT OF

MONEY
26
ANNEXURE 13: CALL DATA RECORDS OF NIKI AGGARWAL
BHARATH COMMUNICATIONS LTD.
CHANDIGARH TELECOM
Account Number 0000000001

Name & Address of the Customer:
Niki Aggarwal
#414, Sector 48, Chandigarh.
Phone Number: +91 8005800531
Date Outgoing Incoming Call Time Call Cell Site

HR:MN:S Duratio
C n
HR:MN:SC
14.02.2017 8005800531 9000977788 10:23:11 00:48:31 Sector 48
14.02.2017 7485958438 8005800531 12:23:54 00:03:18 Sector 48
14.02.2017 9000977788 8005800531 12:34:08 00:15:18 Sector 48
14.02.2017 8005800531 9000977788 14:45:13 00:18:47 Sector 48
14.02.2017 8005800531 9000977788 15:23:17 00:12:18 Sector 48
14.02.2017 7485958438 8005800531 15:52:13 00:03:27 Sector 48
14.02.2017 9000977788 8005800531 16:20:08 00:02:03 Sector 48
* After police investigation it was found that:
1. 9000977788 is registered under the name of Akshay Dhawan
2. 7485958438 is registered under the name of Jagtar Singh
27
ANNEXURE 14 : REJECTION OF VISA APPLICATION
UCI: 1107833690 Dated : 4/01/17
Application no. S302783017
NIKI AGGARWAL
Email: coolguyjagga@gmail.com
This refers to your application for a student permit to Canada. I have completed my
assessment of your application and I have determined that you do not meet the requirements
for a student permit; therefore, your application is refused.
In accordance with Section A11(1) of the Immigration and Refugee Protection Act
(IRPA), any person wishing to become a temporary resident of Canada must satisfy an
officer that he or she is not inadmissible to Canada and meets the requirements of the Act.
This includes the requirement to establish to the satisfaction of the officer that the applicant
will respect their conditions of admission and will leave Canada by the end of the period
authorized for his or her stay.
In reaching a decision, an officer considers several factors; these may include the applicant’s
travel and identity documents, reason for travel to Canada, contacts in Canada, financial
means for the trip; ties to country of residence (including immigration status, employment
and family ties) and whether the applicant would be likely to leave Canada at the end of
his/her authorized stay.
Following an examination of your application, I am not satisfied that you meet the
requirements of the Act and the Regulations for the reasons explained below. I am therefore
refusing your application.
28
Grounds for refusal:

• You have not submitted written documentation from the educational institution at
which you intend to study that states that you have been accepted to study there.
This application is closed. Please note that any new information you wish to provide must be
submitted with a new application and processing fee. Should you wish to reapply, I would
suggest that you do so only if your situation has changed substantively or you have
significant new information to submit.
PLEASE NOTE: There will be no other communication to convey you the decision on
this application, this is to be treated as the official intimation regarding our decision on
your application.
If you have submitted your original passport to the Visa Application Centre (VAC) with your
application, please note that it will be returned to you by the VAC within a few days.
Sincerely,
Consulate General Of Canada, Chandigarh

C413-C416, 4th Floor
Elante Office Complex, Plot No. 178 – 178A
Industrial & Business Park, Phase 1
Chandigarh – 160002
www.india.gc.ca
www.cic.gc.ca
29
ANNEXURE 15: STATEMENTS OF PROSECUTION WITNESSES UNDER 161

Cr.P.C.
Statement of PW 1, Vaishali Aggarwal u/s 161 Cr.P.C.
Age: 44 years w/o Late Pyaarelal Aggarwal Address: Flat No 414, Sector 48, Chandigarh
I am a single mother who has been struggling to provide a decent life to Niki. She wanted to
go to Canada for further studies. She suggested that someone told her about an agent Jagtar
Singh who has an agency in Sector 35. We went to his office on August 16, 2016. He assured
us that Niki will go abroad. He said that the work will require a payment of Rupees 8 lakhs. I
arranged this sum by breaking my FD. We made the full payment to Jagtar on September 19,
2016 on which he assured that the visa will be issued to her in 3 months. He took Niki’s
passport and other documents necessary for the paperwork including the bank statements,
mark sheets, the acceptance letter of the University of British Columbia etc. We waited for a
long time but got no clear response from Jagtar regarding the status of the visa. Eventually,
whenever we tried to contact him, he said he was busy and avoided and ignored our calls. On
4th January 2017, I used Sonal’s phone to call him, he picked up the phone and said that
Niki's visa has been rejected. But he refused to give back the money paid to him. I asked him
to return the money else I will report the matter to the police. After repeated calls, he finally
called me to his office on 20th January, 2017 and gave me an undertaking that he will return
the money. That day onwards I started noticing that Niki was troubled and anxious. She
stopped going out and started keeping to herself. I also heard her cry many times at night but
when I asked her about it, she assured me that everything is fine. On 14th of February, 2017 at
around 5 pm I asked Niki to accompany me to the market but she decided to stay home.
When I came home after about 2 hours I saw Niki lying unconscious in my bedroom. We
rushed her to PGI but she was declared dead at around 10:15 p.m. Eventually I learnt that
Niki was still in a relationship with that boy which I have always been against.
30
Statement of PW 2, Deepu Seth u/s 161 Cr.P.C.
Age: 26 years .
Occupation: Nurse Attendant at P.G.I, Sector 12 Chandigarh
I have been working at P.G.I since the last 1 year. I was assisting Dr. Jaspinder Cheema who
was treating the patient Niki Aggarwal. She was admitted on the 14th of February, 2017. I
was on a night shift that day. At around 10:00 p.m I went to her room to record her blood
pressure and pulse rate as directed by the doctor to do so after every one hour. While I was
doing this the girl just opened her eyes and tried to say something. She was trying to tell me
something. She uttered a few words which still echoes in my mind. She called me closer to
her and said, “Paise nahin diye. Sid ne uncle saath milkar dhokha dia aur izzat ki dhajjiyan
udaa di. Humari pictures Sid ne uncle ko de di.” She stopped saying anything soon after and I
rushed to call the Doctor but as soon as I came back into the room she had breathed her last.
31
ANNEXURE 16: BAIL ORDER
IN THE COURT OF ADDL. SESSIONS JUDGE, CHANDIGARH
State (UT Chandigarh) versus Jagtar Singh and Siddharth Dhawan
The Learned Defence Counsel moved an application for grant of regular bail (accused 1 & 2).
As the investigation is complete and challan has been presented, it will not serve any purpose
to keep the accused behind the bars. Therefore the accused are ordered to be released on
regular bail on the presentation of the bail bond of Rupees 1,00,000/- each with one surety
each of like amount. The matter would come up on next date i.e. on 26th May, 2017 for
consideration of charges.
S/d
Anil Kapoor
Sessions Judge
Dated: 28/04/2017
32
ANNEXURE 17: ORDER OF TRIAL COURT
IN THE COURT OF ADDL. SESSIONS JUDGE, CHANDIGARH
Arguments addressed by the prosecution regarding consideration of charges under sections

306, 420, 120-B IPC and 67 of IT Act. It is pleaded by the prosecution that all the charges
against the accused are prima facie according to the investigation report.
In reply, defence stated that no case of any kind is made against the accused persons. The
charges made under these sections are false and denied.
Heard and considered. In view of the contents of the report under section 173Cr.P.C.and the
allegations made, there are sufficient grounds that the charges that are made out do exist
against the accused persons.
Further the charges are framed against the accused in the presence of accused and
complainant and read over to accused and they pleaded not guilty.
Now to come up with the prosecution evidence on next date i.e.16.03.2018.
S/d
Anil Kapoor
Sessions Judge
Dated: 26/05/2017
33
ANNEXURE 18: STATEMENTS OF DEFENCE WITNESSES
Statement of DW 1, Sanjay Modi
Age: 38 years Address: House No. 276, Sector 23-A, Chandigarh
I have been working with Jagtar Singh for the past 2 years now. The agency has been
successful in getting visa work done for many people over these years. Jagtar has been
heading the firm very well and has always been honest and sincere in his work. I knew about
him working for Niki Aggarwal’s visa and paper work as he had discussed about it with me
and I had also seen them in our office a couple of times. Jagga had told me one day that there
was some problem with Niki’s visa and it had been rejected. After sometime he also
mentioned to me that he had returned the money which he had taken for the visa work to
Niki’s mother. Then one day on the morning of 15th February, the mother called us up and
told us that her daughter has died and that we are responsible for her death. She threatened us
to give her money failing which she will tell the police that we have killed her daughter. I am
newly married and have a wife to support so couldn’t take any chances. I got so scared that I
just agreed to give her the money.
34
Statement of DW 2, Dr. Priyanka Kapoor
Age: 35 years Address: House 497, Sector 36-B, Chandigarh
I am a Clinical Psychologist running a private counseling and therapy centre from my

residence in sector 36. Niki Aggarwal started visiting me in December 2016. Her mother was
unaware that she was visiting me. The girl was very stressed about her career and future
studies. I learnt about her relationship with a person named Siddharth. She told me that her
mother was against this relationship but she continued being with him despite telling her
mother that she isn’t in touch with him anymore. Also, she was worried that if she doesn’t go
to Canada with her boyfriend, her relationship would get affected. Her boyfriend was 9 years
elder to her and she always feared that he would get married to another girl as she was very
young compared to him. She used to visit me once in a week. I tried to help her out but she
was extremely stressed, anxious and insecure about the changes in her life. She requested me
to prescribe her anti-depressants quite a few times but I did not do so.
35
Statement of DW 3, Rampal
Age: 28 Address: House No. 361-B Ram Nagar Colony, Manimajra
I have been working with P.G.I for 2 years now. I am an attendee in the ambulancebearing
number CHD-06-AJ-6983. We received a call at 7:10 p.m. and were asked to reach #414,
Sector 48, Chandigarh. When we reached there, the girl was unconscious. We immediately
took her to the hospital.On our way, I could hear mother screaming loudly, “Why are you
after my life?! Why did you do this? You should have instead killed me. Already you have
ruined my finances by your constant obsession for going to Canada. I was very disturbed
since I thought that this might not be the right time to say all that to an ill daughter.”
36
STATEMENTS UNDER 313 Cr.P.C.
Statement of accused Jagtar Singh s/o Late Baljinder Singh, aged 32 years, r/o House No
365, Sector 47, Chandigarh under Section 313 Cr.P.C. without oath:
Q. It is evident against you and the co-accused that you took money from PW1 Vaishali
Aggarwal, mother of deceased in order to deceit them
A. It is wrong
Q. It is in evidence that the undertaking dated 20.01.2017 has your signature on it.
A. It is wrong and vehemently denied.
Q. It is further in evidence against you that you had a conversation with the deceased over
whatsapp and blackmailed her to ask her mother to cancel the undertaking you signed else
you would leak her pictures with co- accused. What do you want to say?
A. It is wrong.
Q. It is further in evidence that you made unnecessary calls to the deceased after she provided
you with the money you asked for and continued to do so even after you couldn’t get her the
visa as promised.
A. It is wrong.
Q. It is further in evidence against you that you in connivance with the co-accused created
such circumstances for the deceased wherein she was left with no other option but to kill
herself?
A. It is wrong.
Q. Why this case has been registered against you and PWs are deposing against you?
A. Case is false. I have been falsely implicated. PWs are inimical.
Q. Do you want to lead any defence?
37
A. Yes.
Q. Do you want to say anything else?
A. I am Jagtar Singh running a Visa Consultancy firm for 5 years now. This girl Niki
Aggarwal called at my office and took an appointment to meet me. She came along with her
mother on 16th August, 2016. She said that she heard about us from newspapers. I briefed her
about all prospects and she left saying she’ll get back to me. She then came on 19th
September, 2016 and we finalised about her visa application filing to Canada for graduation. I
took 8 Lakhs for them for this work. But on being unable to honour my commitments, I
returned the amount to mother of Niki Aggarwal on 20th January, 2017. I never called her or
messaged her, infact she messaged me twice that Siddharth, my cousin had stopped talking to
her and I should convince him to do so. I told her to sort it out amongst them. But one fine
day, I am arrested for something I have no clue about.
S/d
Anil Kapoor
Sessions Judge
38
Statement of accused Siddharth Dhawan s/o Akshay Dhawan, aged 26 years, r/o House no
116, Sector 35- Chandigarh under Section 313 Cr.P.C. without oath:
Q. It is evident against you that you suggested the deceased to go to M/S Jagga Consultants
because you wanted to cheat the deceased and her mother of her money.
A. – It is wrong
Q. It is further in evidence against you that you provided Accused No 1 Jagtar Singh with the
intimate details of your relationship with the deceased in order to blackmail her to waive off
her rights in the undertaking.
A. It is wrong.
Q. It is further in evidence against you, that you in connivance with the co-accused created
such circumstances for the deceased wherein she was left with no other option but to kill
herself?
A. It is wrong.
Q. Why this case has been registered against you and PWs are deposing against you?
A. Case is false. I have been falsely implicated. PWs are inimical.
Q. Do you want to lead any defence?
A. Yes.
Q. Do you want to say anything else?
A. I am Siddharth Dhawan. I knew Niki since last two years. We two came close recently. I
only referred her to Jagtar Singh, my cousin who was also looking into my visa
documentation. I gave her Jagtar’s contact number. However, I never inquired about Niki’s
visa documentation from Jagtar. Jagtar and I never discussed his clients. It was only a few
days back when Niki told me that her visa was rejected and she seemed quite worried.
S/d
Anil Kapoor
Sessions Judge
39
General Clarifications
• No additional witness or document is allowed to be presented by the parties.

• In case a team comprises of four participants, one researcher shall represent all PWs
and the other shall represent all DWs in the preliminary and quarter final rounds. In
case of a team of three participants, the researcher shall represent all PWs and DWs in
the preliminary and quarter final rounds. For the scoring pattern kindly refer to the
rules.
• Typographical errors have been corrected on the page numbers 3, 16, 27.
• Niki’s (deceased)mobile phone is iPhone5s and Sidhharth’s (Accused 2)mobile phone
is Vivo V3 Duos. Kindly note the changes regarding the same in the relevant
documents.
• Kindly refer to the amended disclaimer and amendment on page 33.
• The handwriting sample marked JS is the known handwriting sample of Accused 1.
• Recovery Memo of Siddharth’s (Accused 2) mobile phone is deemed to be on record.
40
CLARIFICATIONS
Q1. Annexure 4: Site Plan, Please mark the place where body was found.
A1. No clarification required.
Q2. Statement of DW 3 Rampal, Please confirm if the last line 'I was very disturbed............to
an ill daughter' is in direct speech or Rampal's own statement.
Q3. Where the exact position of the deceased person body?

A3. Please refer to clarification 1.
Q4. Any blood stains on the broken glass pieces present there?
Q5. What is the black circle drawn in the site plan; any more information regarding what
things like fan and some extra things present in black round?
A5. It’s part of the table; No clarification required.
Q6. Where the mother of the deceased went for two hours?
A6. Read the Proposition carefully.
Q7. What is present in the corner of the room in the site plan?
A7. It is the door.
Q8. Please tell the date of the whatsapp chats between Jagtar and Niki (page 23) and also
between Jagtar and Siddharth (page 26).
Q9. In annexure 7, the post mortem examination: Were the ‘fingers’ of Niki (the deceased),
examined for any kind of injuries or marks for any ring? Is there something missing in
the report regarding the same?
Q10. What is the stage of trial?

A10. Read the amended Proposition carefully. Kindly refer to the amended disclaimer.
Q11. Whether the statement of accused was taken before or after the framing of charges?
A11. Read the amended Proposition carefully. Kindly refer to the amended disclaimer.
Q12.What are dates on which the statements under S.161 and s.313 were recorded
respectively?
Q13. Regarding annexure 5, the suicide note: Were any kind of handwriting samples of
Siddarth Dhawan matched with the suicide note?
.
41
Q14. Has any medical examination of the accused persons conducted under section 54 of
Code of Criminal procedure, 1973? If yes, kindly give us the full medical report.
Q15. Where are the medical reports of Jagtar Singh and Siddharth dhawan when they were in
police custody?
A15. Refer to clarification 14.
Q16. Was undertaking given by Jagtar Singh written or typed? If written, is there any report
by any writing expert which corroborates it?
Q17. Have the accused persons given their consent under section 315 of Code of Criminal
procedure, 1973?
Q18. Why was the case transferred from police station sector 49 to police station sector 11
for investigation?
A18. Refer to the amended Proposition.
Q19. The Police Station of sector 49 doesn’t have jurisdiction to investigate the present case.
Where does the proposition stand in light of this?
A19. No clarification regarding jurisdiction is required.
42

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1st INTRA DEPARTMENT TRIAL ADVOCACY COMPETITION, 2018

UNIVERSITY INSTITUTE OF LEGAL STUDIES,

ANNEXURE 1: FINAL FORM/REPORT .......................................................................................................... 3

ANNEXURE 2: FIRST INFORMATION REPORT ...................................................................................... 8

ANNEXURE 17: ORDER OF TRIAL COURT .................................................................................................. 33

ANNEXURE 18: STATEMENTS OF DEFENCE WITNESSES ........................................................................... 34

Statement of DW 1, Sanjay Modi...................................................................................................... 34

ANNEXURE 1: FINAL FORM/REPORT

(Under Section 173 Cr.P.C.)

1. Distt. ChandigarhPS-49 Year 2017 FIR No. 135 Date 15/02/17

5. Type of Final Form Report:Final Report

11. Particulars of accused persons charge-sheeted:

iii. Date/Year of Birth: 1985

xii. Regular Criminal No.

12. Brief Facts of the Case:

Notice served and dispatched.

ASI Tommy Singh

1. Vaishali Aggarwal (PW 1).

ANNEXURE 2: FIRST INFORMATION REPORT

(Under Section 154 Cr.P.C.)

1. District: CHANDIGARH P.S. : SECTOR 49

(b) Information received at P.S.:

(c)General Diary reference:

vii. Occupation: School teacher

7. Details of Known/ Suspected/ Unknown accused with full particulars:

8. Reasons for delay in reporting by the complainant/informant:

9. Particulars of properties of interest:

10. Total value of property stolen (in Rs/-)

12. First Information contents:

F.I.R. read over to the complainant/informant, admitted to be correctly recorded and a

13. Signature/Thumb Impression of the complainant/informant:

14. Date and Time of dispatch to the court:

Name: Ventikutti Apte

ANNEXURE 3: RECOVERY MEMO

1. State: U.T. Chandigarh Year: 2017

SI. No. Property/Articles recovered Description

5. Broken glass pieces Broken pieces of glass from a

SI. No. Property/Article recovered Place of seal

ANNEXURE 4: SITE PLAN

ANNEXURE 6: DISCLOSURE STATEMENT

DATE: 16.02.2017 Police Station Sector 49, Chandigarh

PLACE: Chandigarh FIR No. 135/2017

A.S.I. Tommy Singh Constable Raju Rastogi

ANNEXURE 7: POST MORTEM EXAMINATION REPORT

GMCH, Sector-16 Chandigarh

PMR NO (Given by Doctor): PMR/GS/76/PGI 14/SPS Dated: 15/02/17

Details of Doctor who conducted the Post-Mortem examination

Name of Deceased: Ms. Niki Aggarwal

D/o: Vaishali Aggarwal

Present Address: House No 414, Sector 48, Chandigarh.

Police Station: Sector 49, Chandigarh

Person identifying the body: Yes

Sr. No. Name Address Relationship with

Date and time dead bought in the mortuary: 15/02/17 at 1:00 am

Date and time of Commencement of Autopsy: 15/02/17 at 6:15 am

Information as supplied by Hospital Records: The deceased was brought to PGI in

4 The underlying muscle on the neck is intact and glistening.

Viscera’s preserved for chemical analysis

Antemortem/ Postmortem: Antemortem

Time between injury and death: around 3 hours

Time between death and Postmortem: 8 hours

Postmortem Concluded at: 15/02/17 at 9:00am

Dr. Ranchhod Das Chanchad