Professional Documents
Culture Documents
Respondent Memorial (IPC)
Respondent Memorial (IPC)
(APPELLANT)
VERSUS
STATE OF HARYANA
(RESPONDENT)
DATE:
THROUGH
TABLE OF CONTENTS
2
TABLE OF CONTENTS
LIST OF ABBREVIATIONS.......................................................................................................3
INDEX OF AUTHORITIES.........................................................................................................5
TABLE OF CASES:....................................................................................................................5
BOOKS:.......................................................................................................................................5
WEBSITES:.................................................................................................................................6
STATUTES:.................................................................................................................................6
STATEMENT OF JURISDICTION............................................................................................7
STATEMENT OF FACTS............................................................................................................8
STATEMENT OF ISSUES...........................................................................................................9
SUMMARY OF ARGUMENTS................................................................................................10
ARGUMENTS ADVANCED.....................................................................................................13
ISSUE 1 : WHETHER THE ACCUSED ARE GUILTY U/S 306 R/W SECTION 107 IPC?.....13
ISSUE 2: WHETHER EVIDENCES ADDUCED BY THE RESPONDENT ARE ENOUGH TO
UPHOLD CONVICTION U/S 498A IPC?...................................................................................22
ISSUE 3: WHETHER LD. TRIAL COURT AND HON’BLE HIGH COURT ERRED IN
CONVICTING BOTH THE ACCUSED?....................................................................................30
PRAYER.......................................................................................................................................31
3
LIST OF ABBREVIATIONS
& And
Anr. Another
Hon’ble Honorable
No. Number
Ori. Odisha
4
Ors. Others
S./Sec. Section
SC Supreme Court
St. State
v. Versus
5
INDEX OF AUTHORITIES
TABLE OF CASES:
BOOKS:
1. Ratanlal and Dhirajlal, The Indian Penal Code, 33rd Ed. (2011)
WEBSITES:
1. http://www.scconline.com
2. http://www.manupatrafast.com
3. http://www.livelaw.in
4. http://www.judis.nic.in
5. http://www.indiankanoon.com
6. https://www.ijllr.com
7. https://duelibrary.in/#/home
STATUTES:
STATEMENT OF JURISDICTION
The appellant has appeared before this Hon’ble court under article 136 of
constitution of India.1 Under article 136 of Constitution of India, this Hon’ble court
may, in its discretion, grant special leave to appeal from any judgment, decree,
court or tribunal in the territory of India except army courts. Article 136 of the
Indian Constitution gives this Hon’ble court power to accept such matter,
Supreme Court
(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its
STATEMENT OF FACTS
1. That, the deceased Veena was married to Kanwar Singh on October 16,
1983. Wazir Chand and Krishna Devi are father-in-law and mother-in-law of
the deceased.
2. That, the deceased Veena sustained burn injuries at the residence of her
husband, she was rushed to the Geeta Nursing Home where she died.
3. That, the appellants Wazir Chand and Kanwar Singh as well as Krishna Devi
were charged and tried u/s 306[2] r/w section 107 and 498A of Indian Penal
Code.
4. That, Wazir Chand and Kanwar Singh both were convicted by the learned
trial court, therefore both appealed before the Hon’ble Punjab and Haryana
High Court. High Court confirmed the conviction but reduced the sentence.
5. That, this present special leave petition is preferred by the appellant to this
Hon’ble Court for setting aside the conviction imposed by the learned trial
STATEMENT OF ISSUES
SUMMARY OF ARGUMENTS
It is humbly submitted that, deceased victim sprinkled kerosene over her body and
set herself on fire. It is pertinent to note that her husband and in-laws aided in the
incident by raising voice of television or radio in order to suppress her cries so that
incident could not attract the attention of neighbors. It is further submitted that
there is a deliberate delay in taking the deceased victim to the hospital can easily
be observed not only this but her husband and in-law admitted her to Geeta
Nursing Home instead of Civil Hospital which is equipped with better treatment
facilities for such a kind of burn injury. There is a deliberate delay of at least one
hour in taking the deceased victim to the hospital, it is pertinent to note that the
hospital where she was admitted is situated in the same sector in Faridabad where
the deceased victim with her husband and with her in-laws, was residing.
2 Indian Penal Code, 1860, § 306, No. 45, Acts of Parliament, 1860 (India).
3 Indian Penal Code, 1860, § 498A, No. 45, Acts of Parliament, 1860 (India).
11
It is humbly submitted that the deceased victim was subject to harassment and
cruelty at the hands of her husband and her in-laws. It is pertinent to note that, the
husband and in-laws of the deceased victim were not satisfied with dowry and they
were continuously making demands for further articles of dowry. The husband and
in-laws of the deceased victim were harassing, humiliating, and insulting her in
order to fulfill further demands. The deceased victim, at various instances, deposed
to her relatives and her parents about the greedy nature of her husband and her in-
laws and she deposed this fact that she is being tortured for not paying sufficient
dowry. There is sufficient evidence on record which is enough to prove the guilt of
the accused.
It is humbly submitted that Ld. trial court was correct in convicting both the
accused and Ld. trial court successfully appreciated important evidence and
decided this matter on merits. Hon’ble High Court of Punjab and Haryana was also
correct in convicting both the accused; however Hon’ble High Court has erred in
reducing the conviction of the accused. Both the accused are charged with heinous
offences and we don't seem it justified to reduce the conviction. There is enough
evidence on record to convict both the accused under the charged offences. It is
12
further submitted to this Hon’ble Court that technical lacunas should not be
ARGUMENTS ADVANCED
“If any person commits suicide, whoever abets the commission of such
suicide, shall be punished with imprisonment of either description for a term which
abetment of suicide. It is pertinent to note that both the accused abetted the
deceased woman for committing suicide for the purpose of further dowry from the
the act talks about abetment of a thing. According to section 107, IPC:
Secondly —Engages with one or more other person or persons in any conspiracy
for the doing of that thing, if an act or illegal omission takes place in pursuance of
Thirdly —Intentionally aids, by any act or illegal omission, the doing of that thing.
an act, does anything in order to facilitate the commission of that act, and
thereby facilitates the commission thereof, is said to aid the doing of that act.
The bare reading of legislation gives this idea that the accused has aided in
c. It is most respectfully submitted that, both the accused harassed, humiliated and
insulted the deceased victim till that instant that it seemed easy to die than living
with such a greedy family. Such humiliation, harassment and insult compelled the
deceased victim to end her life. She sprinkled kerosene over her body and set
herself on fire. It is further submitted that explanation 2 of section 107 states that
whoever, either prior to or at the time of the commission of an act, does anything
in order to facilitate the commission of that act, and thereby facilitates the
commission thereof, is said to aid the doing of that act. It is pertinent to note that
one of the accused increased the volume of TV or radio in order to suppress the
voice of the deceased victim so that she could not find any help from the
neighbors. There was a deliberate delay in taking the victim to the hospital which
first of all approached Dr. N. K. Garg at around 6:30 am and requested him to see
her daughter in law which shows that the incident occurred at around 6:00 am to
6:15 am. According to Dr. Geeta of Geeta Nursing Home deposed in her statement
that husband and in-laws of the deceased victim reached the hospital at around
7:45 am to 7:00 am. It is pertinent to note that the accused in his own statement
deposed that the approached Geeta Nursing Home because of proximity factor.
Geeta Nursing Home is situated in the same sector of Faridabad where the
16
deceased victim used to reside with her husband and her in-laws. It is further
submitted that no clarification is given by the defence advocate regarding the delay
in taking the deceased victim to the hospital. Both the accused deliberately avoided
e. It is most respectfully submitted that in the case of S.S. Cheema v. Vijay Kumar
Mahajan,5 Hon’ble Apex court observed that abetment involves a mental process
positive act on the part of the accused to instigate or aid in committing suicide,
conviction cannot be sustained. The intention of the legislature and the ratio of the
cases decided by this Court is clear that in order to convict a person under section
306 IPC there has to be a clear mens rea to commit the offence. It also requires an
active act or direct act which led the deceased to commit suicide seeing no option
and that act must have been intended to push the deceased into such a position that
he committed suicide. In the present case, it can easily be observed that the
accused aided in the incident by raising the voice of TV or Television and they also
delayed her to take to the hospital which shows the mental element and malicious
Supreme Court explained essential ingredients for the offence under section 306 of
IPC are: (i) the abetment; (ii) the intention of the accused to aid
It is pertinent to note that all the essential elements of the offence under section
306 are satisfied and there is no reason to acquit the accused from the charges.
by the Gujarat High Court. In the case of Vikramsinh v. State of Gujarat,7 court
stated that:
6 M. Arjuna v. State, (2019) 3 SCC 315.
7 Vikramsinh v. State of Gujarat Criminal Appeal No. 514 of 1997.
18
the ingredients for offence under section 306 or 498A are not
even if the offence under section 498A are stated to have been
section 498A and 306 of IPC. The trial Court also, though has
not believed and accepted the charges for offence under section
304B, still has recorded the conviction under section 498A and
say that the trial Court has also failed to appreciate the other
for attracting the offence under section 304B of IPC also with
section 306 could not have been recorded, and if that is set
to be dismissed.”
21
a. Section 498A of Indian Penal Code, 1860 is related to offence in which husband
Whoever, being the husband or the relative of the husband of a woman, subjects
such woman to cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine. Explanation-For the purpose
(i) any willful conduct which is of such a nature as is likely to drive the woman to
commit suicide or to cause grave injury or danger to life, limb or health (whether
(ii) harassment of the woman where such harassment is with a view to coercing
her or any person related to her to meet any unlawful demand for any property or
b. It is most respectfully submitted that the husband and in-law of the deceased
victim were not satisfied with the dowry and they were continuously harassing,
humiliating and insulting her for that reason. It is further submitted that many
witnesses deposed in their statement that the deceased victim deposed to them
23
about the further demand of dowry by her husband and in-laws. There are two
kinds of witnesses, one is a related witness and the other one is an interested
witness. It could not be said that all the related witnesses are interested witnesses
strangers. In the present matter witnesses are relatives of the deceased witness
and the weightage should be given to them because they are only witnesses of her
sufferings.
Supreme Court: the wife petitioned for divorce on the ground of persistent demand
made on her by her husband and by her in-laws. The high court took the view that
there was nothing wrong in these demands as money was needed by the husband
for his personal use and in such a case the wife should extend help. Reversing the
judgment, the supreme court held that demand for dowry is prohibited under the
law. That itself was bad enough. It is further submitted that Hon’ble Apex court
has taken this dowry thing very seriously which could be seen in its various
statements.
Singh,9 court observed that demand for money after four years of marriage for
the deceased wife so much so that she was bound to end her life is sufficient to
convict under section 498A. In the present case the theory of accidental death is
false and frivolous and the theory made by defence is not correlating with the
actual incident.
India,10 Hon’ble Apex court observed that, section 498A of Indian Penal Code or
section 113A of Indian Evidence Act has not introduced invidious classification
qua the treatment of a married woman by her husband or relatives vis-a-vis the
other offenders. On the other hand, such women from a class apart from those who
are married more than seven years earlier to the commission of such offnce,
because, with the passage of the time after marriage and birth of children, there are
relative. Thus, the classification is reasonable and has close nexus with the object
sought to be achieved, i.e. eradication of the evil of dowry in the Indian social set
up and to ensure that the married women live with dignity at their matrimonial
homes. It is further submitted that every person has right enshrined under article 21
of Indian Constitution which is right to life and personal liberty which include right
to live with dignity. The evil of dowry will never allow a women to live in this
society with dignity and in order to eradicate this evil punishment for such offences
should be stricter.
Orilal Jaiswal & Anr,11 Hon’ble apex court appreciated evidence related to the
witness and on the basis of which the court convicted the accused. In this case
14. Coming to the finding that no specific date has been given
when the deceased had allegedly told her mother about the
indicated that although exact date has not been given, there is
came to her parental house, she had narrated about cruelty and
marriage the father- in-law of the accused No. 2 had died and
in view of such death, she was abused and treated with cruelty
whenever she had come to the parental house, she had talked
11 State of West Bengal v. Orilal Jaiswal & Anr, (1994) 1 SCC 73.
26
the instant case, the evidence about physical and mental torture
of the deceased has come from the mother, elder brother and
the special facts of the case. In our view, the acts of cruelty by
a. It is most respectfully submitted that the Ld. trial court had rightly convicted
both the accused and appreciated all the relevant evidence in order to convict the
accused. Hon’ble High Court has also convicted both the accused, however
Hon’ble High Court reduced the sentence awarded by the Ld. trial Court which
mentioned case laws it is clear that both the accused are guilty of the offenses
under section 498A IPC as well as under section section 306 IPC and Hon'ble high
Court of Punjab and Haryana has erred in reducing the given sentence given by the
c. It is most respectfully submitted that Hon’ble High court of Punjab and Haryana
has failed to appreciate various factors of the incident occurred i.e. Hon’ble High
Court has ignored the gravity of the crime by reducing the sentence etc. various
factors such as deliberate delay in taking her to the hospital and raising the voice of
the TV or radio as well as humiliation, harassment and insult faced by the deceased
victim, all these factors were unable to get importance in the eyes of the court.
31
PRAYER
A. State:
1. The actions of accused and available evidence shows that both the
that she was facing cruelty at the hands of her husband and relatives
AND/OR
Pass any order this Hon’ble court may deem fit, in the interest of justice, equity
Place:
Date:
S/d__________________