MOOT PROPOSITION

Ramesh Kumar, age 40 years, a resident of Chandvaji, Rajasthan (India) was employed as
supervisor in a factory called " SOHAN & CO.”, which is 2 km away from his village.
Ramesh Kumar lives with his wife Sarita Devi of 36 years, their son Dinesh who is 7
years old, and daughter Sushila 23 years old. Ramesh was a hardworking man. He was
very loyal for his work as a supervisor. Ramesh used to return home from factory around
6 a.m. He was the sole bread winner of the family and had his daughter’s marriage
coming up. As a father he wanted to make her daughter’s marriage the most memorable
day of her life. So he worked hard to earn the money so that he can make his daughter’s
marriage rememberable. On the morning of 7th July 2018 his son Dinesh went out to
search for Ramesh when Ramesh Kumar didn’t return home from his night duty on 7th
July and discovered him in oblivious condition behind the shrubberies, in immediate
vicinity to the railway-gate of Chandvaji. From that point with the assistance of adjacent
locals and a railway-guard named Ghanashyam, Ramesh Kumar was taken to the "Shanti
Hospital" Chandvaji. Where the doctor tried their best to save him yet in evening at 4.00
pm Ramesh Kumar passed away. At 8.00 pm, the deceased's wife Sarita Devi lodged FIR
at Chandvaji Police Station, as under:-

FIRST INFORMATION OF REPORT-

2. "My husband Ramesh Kumar was a very quiet person. We had acquired a credit of 1
lakh rupees at the interest of 25% per annum in March 2015 from the moneylender
Kishan Lal, for the marriage of our daughter Shushila. We were unable to pay back the
money due to insufficient income. On 3rd July 2018, four days ago, the moneylender and
his 4 companions with lathi came to our house and demanded the amount borrowed.
When we recounted our inability to repay and requested some additional time, they began
mishandling us and said that on the off chance that we didn't pay the borrowed money
within 3 days then the consequences would be noticeably bad. Along these lines, I have
full certainty that moneylender Kishan Lal and his four partners - Kedar, Subedar,
Havaldar and Jamadar have killed my husband”.

INVESTIGATION-

3. Based on the above FIR and in the wake of scrutinizing the nearby individuals of that
place and individuals living in the surroundings of the town, Investigating Officer
Sandeep Kumar arrested Kishan Lal and his four partners, under Section 302, 304, 326,
506, and 509 of IPC 1860 on 10th July 2018. One of the accused Havaldar in police
custody confessed that he and his three other partners had attacked the deceased. The
arrested individuals were taken to the nearest Chief Judicial Magistrate from where the
matter was referred to the Court of Session and all the accused got bail.
STATEMENT U/S 161 OF CRIMINAL PROCEDURE CODE-

4. Amid the investigation, Ghanashyam, the railway-guard, said that, “I was in a deep
sleep when I heard the voices of some people talking loudly but because of laziness, I
didn’t go out. But the voices seemed familiar to me and out of them one seemed to be
similar to that of the voice of the money lender. And when I woke up I saw a lot of crowd
near the railway gate. When I went to the crowd, I saw that the deceased was oblivious
and alongside other individuals, he additionally encouraged in taking him to the doctor's
facility”. Deceased’s wife Sarita Devi imposed a direct charge on the moneylender and
his four friends and Son Dinesh Kumar conceded that a few people had threaten to kill his
father a couple of days prior.

5. Moneylender Kishan Lal stated that he was attending the marriage of his brother-in-law
at the night of the incident, while one of the guest Mr. Kapoor has confirmed the presence
of Kishan lal at the time of marriage and the second guest Mr. Mittal said that he met to
Kishan Lal before 12 a.m. and after that they do not appear. Kishan lal’s wife said that on
the day of incidence her husband came home at 6 a.m. and he was very upset and told the
reason that he had "wiped him out today". Albeit, the Post Mortem Report prepared by
the doctor uncovered that two strokes of knife are found on the lower portion of the
deceased’s chest, which was insufficient to cause death but rather he died of excessive
bleeding.

6. Co-accused Havaldar confessed that his three companions had attacked the deceased;
however, he was only standing and did not hurt the deceased. Gram Pradhan of the
village has given statement that Kishanlal is a decent and respectable man and
furthermore he communicated his apprehension about the expanding episodes of robbery
around the rail-road. Pankaj, the villager, said that once he had likewise loaned cash from
the moneylender and he didn't trouble him by any means even though he had late
deposited. Kishanlal’s father-in-law Gobardhan Das told that Kishan Lal Ji was involved
in his son’s marriage at the time of incidence.

7. Likewise, Hotel supervisor Sachin Sharma, whose hotel was reserved for the wedding
service of Gobardhan’s son, told that Kishan Lal stayed in the hotel that night. Ishwarlal,
another inhabitant of the village, told that the incidences of robbery have expanded
around the railroad and he also had been robbed over there a couple of days prior to the
incidence. Co-accused Kedar said that there was no question of attacking the deceased, as
deceased was depositing instalments regularly for the principle sum of the debt taken by
him.

MATERIALS RECOVERED DURING THE INVESTIGATION-

8. Amid the search by the police, on the trail of co-accused Havaldar, the police had
recovered three knives from immediate vicinity to the incident place. The blood of the
deceased was not found on any knives but the fingerprints of co-accused Havaldar were
found one of them. Some fingerprints were also found on two knives, which were not
matched with any other’s accused. Police had seized the register of Hotel Manager, in
which the name of the moneylender was entered. Police had also seized the books of
account of the moneylender which shows the debt amount in favour of deceased and the
deceased regularly paid the loan but the payment was not being paid for the last few
months. The police took the CCTV footage of the ATM, proximate to the railway-gate
way, through which it has turned out to be evident that four individuals were seen to have
moved immediately just after the deceased had gone. And accordingly, all the pieces of
evidence along with other material articles were sent to the court by the police.

SESSION TRIAL-

9. Thereafter, all the accused, except Havaldar plead not guilty before the court of session
and sought for trial. Havaldar is presented as the prosecution witness before the court by
the Prosecution Lawyer and the Court of Sessions framed the charges under Section 302,
326, 506, and 509 of IPC and conceded the next date for the hearing.

 Note-
 For the purpose of this proposition all the relevant laws of india are applicable.
 All the accused had given the application to appear as a witness under section 315
of cr.p.c., which has been granted by the court.

20. STEPS OF TRIAL PROCEEDING

(i) Public Prosecutor and Defence Lawyer will open the case.
(ii) Party will submit the list of witnesses in two copies to Court.
(iii)All Prosecutor Witnesses (PW) will be examined (Examination in chief and cross
examination) one by one by Public Prosecutor and Defence lawyer.
(iv) All Defence Witnesses (DW) will be examined (Examination in chief and cross
examination) one by one by Defence Lawyer and Public Prosecutor.
(v) Prosecution and Defence Lawyer will conclude the case.
21. LIST OF THE WITNESSES
PW1 Wife of Deceased DW1 Gram Pradhan
PW2 Hawldar DW2 Mr. Kapoor
(Co-Accused) (Guest- I)
PW3 Investigating Officer DW3 Ishwar Lal
(Victim of Robbery)
PW4 As per the choice of Prosecution - I DW4 As per the choice of Defence - I
PW5 Ghanshyam DW5 Hotel Manager
(Railway-gate guard)
PW6 Doctor DW6 Gobardhan Das
(Who has done Post Mortem) (Father in law of Kishan Lal)
PW7 Mr. Mittal DW7 (Other Debtor of Money Lander)
(Guest - II)
PW8 As per the choice of Prosecution- II DW8 As per the choice of Defence – II

22. RULES REGARDING THE APPEARANCE OF

WITNESSES
i. Participants will prepare the statement of all the witnesses mentioned in the
proposition, which shall be in consonance with the facts of the case.
ii. Participants will prepare two witnesses of either side (PW 4 & DW 4 and PW 7 &
DW 7) as per their choice moreover; the statement of such witness shall not be
inconsistence with the facts of the case.
iii. PW1 to PW4 and DW1 to DW4 will be accessible for examination-in-chief and
cross-examination in Preliminary Round.
iv. PW1 to PW5 and DW1 to DW5 will be accessible for examination-in-chief and
cross-examination in Pre-Quarter Final Round.
v. PW1 to PW6 and DW1 to DW6 will be accessible for examination-in-chief and
cross-examination in Quarter Final Round.
vi. PW1 to PW7 and DW1 to DW7 will be accessible for examination-in-chief and
cross-examination in Semi Final Round.
vii. PW1 to PW8 and DW1 to DW8 will be accessible for examination-in-chief and
cross-examination in the Final Round.