19th Kshan

Momenta-a-Vita National Trial And Appellate Moot

Court Competition 2023-24

15th, 16th & 17th March, 2024

G.H Raisoni Law College, Nagpur, Maharashtra

E-mail:- mca@ghrlawschool.raisoni.net

Moot Proposition
 19th KSHAN-2024
MOOT PROPOSITION

Table Of Contents
Sr No Particulars Page No

1. Statement Of Facts 3-4

2. Final Report Form 5-8

3. (ANNEXURE-1) 9 - 11
First Information Report

4. (ANNEXURE-2) 12 - 13
Spot Panchnama

5. (ANNEXURE-3) 14 - 15
Property Search And Seizure Form

6. (ANNEXURE-4) 16 - 18
Arrest/ Court Surrender Memo

7. (ANNEXURE-5) 19
Memorandum Panchnama

8. (ANNEXURE-6) 20
Weapon Examination Report

9. (ANNEXURE-7) 21
Chemical Analyzer Report

10. (ANNEXURE-8) 22 - 26
Post Mortem Report

11. (ANNEXURE-9) 27 - 28
Statement Of Prosecution Witness-1

12. (ANNEXURE-9) 29
Statement Of Prosecution Witness-2

13. (ANNEXURE-10) 30
Statement Of Defence Witness-1

14. (ANNEXURE-10) 31
Statement Of Defence Witness-2

15. Judgment 32 -35

2|Page
 19th KSHAN-2024
MOOT PROPOSITION
STATEMENT OF FACTS

● Shlok Dixit is a businessman in Nagpur and Isha Agnihotri was a Philosophy student

and a mehndi artist at Nagpur. They were in a love affair for almost 2 years. Isha turned

18 in June 2021 after which their marriage got solemnised in a temple. Since then, they

lived as husband and wife for about 8 months and then they separated due to constant

quarrels between them. Isha was living with her parents since last 1 year.

● On 04/10/2023, Isha informed her mother that Shlok was constantly forcing her to come

back and stay with him. Allegedly he also threatened to kill her if she didn’t come back.

Also, Shlok used to call and harass Isha’s younger sister Reema about the same.

● On 05/10/2023 Isha and her mother went to drop off Reema to the railway station as

she had a train for Pune. After Reema departed, at around 9 p.m., Isha received a call

on her mobile phone from Shlok, who asked to see her. After thinking for some time,

she informed her mother about the same and left to meet him.

● When Isha didn’t revert back to her mother’s calls or texts, her mother got worried

about her so, she called Isha’s father and told him about what is concerning her, to

which he said that “Isha and Shlok are married, after all. If they are resolving their

issues, then what’s the harm in it!”. After hearing this she was still worried but

eventually stopped calling her daughter and was waiting for her to return.

● After some more time had passed and when Isha did not return, her parents got

worried and tried to go and find her and found her dead body lying on the street at a

distance from a kirana shop. The police station was informed of the same. The PI

carried out a Spot and Seizure Panchnama, recovered the alleged weapon involved in

the crime (knife), collected the required samples and sent them for the analysis.

Consequently an F.I.R. was registered.

3|Page
 19th KSHAN-2024
MOOT PROPOSITION

● The IO also sent the dead body for postmortem, recorded statements of witnesses,

found and arrested the accused i.e. Shlok. The accused allegedly claimed that at the

relevant time of the incident he was involved in the closing of the butcher shop run by

him and his uncle. The reports from the experts, in respect to the injuries to the

deceased and the seized articles, were also collected. The investigation was completed

and the chargesheet was filed in the court of Hon’ble Sessions Judge, Nagpur.

DRAFTED BY MCA STUDENT COMMITTEE

ABUZAIN SHEIKH DISHA KAMWANI PRANAV SALVIKAR

4|Page
 19th KSHAN-2024
MOOT PROPOSITION

5|Page
 19th KSHAN-2024
MOOT PROPOSITION

6|Page
 19th KSHAN-2024
MOOT PROPOSITION

7|Page
 19th KSHAN-2024
MOOT PROPOSITION

8|Page
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-1)
FIRST INFORMATION REPORT
(Under Section 154 CR.P.C.)

1. District: Nagpur P.S: Mankapur Year: 2023 FIR No: 0547

Date and Time of FIR: 06/10/2023 03:51 A.M
2.

S. No Acts Sections

Indian Penal Code 302

3. Offence:
a) Occurrence of offence:
Day: Thursday Date from: 05/10/2023 Date To: 05/10/2023
Time Period: Time From: 22:30 Time To: 22:30
b) Information Received at P.S. Date: 05/10/2023 Time: 23:15
c) General Diary Reference Entry No: 007 Date & Time: 06/10/2023
4. Type of Information: Oral
5. Place of Occurrence:
a) Direction and distance from P.S.: 1Km North Beat No:
b) Address: Gajanan Nagar, Bajediya, kirana Shop Alley, Mankapur, Nagpur
c) In case, outside the limit of this Police Station,
Name of P.S District (State)
6. Complainant/Informant:
a) Name: Mrs. Sushma Agnihotri
b) Father’s/Husband Name: Mr. Shankar Prasad Agnihotri
c) Year of Birth: 1985 d) Nationality: India e) UID No:
f) Passport No: Date of Issue: Place of Issue:
g) Id Details:

S. No ID Type ID Number

1. Aadhar Card 7865 4323 4569

9|Page
 19th KSHAN-2024
MOOT PROPOSITION
h) Address:

S. No Address Type Address

1 Permanent Address Shivnagar Ingole Layout, Godhani Road,

Mankapur Nagpur, Mankapur, Nagpur
City, Maharashtra, India

i) Occupation: Business j) Phone No / Mobile No:

7. Details of known /suspected/unknown accused with full particulars:

S. Name Alias Relatives Present Address

No Name

1 Shlok Katol Road, Mankapur,

Chandrakant Nagpur City, Maharashtra

Dixit

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

9. Particulars of Properties of Interest:
10. Total Value of Property In (In Rs):
11. Inquest Report/U.D Case No , If any:
12. First Information Contents:
The complainant, Mrs. Sushma Agnihotri, Age 38, Occupation: Photography.
Residence: Shivnagar Ingole Layout, Godhani Road, Mankapur Nagpur, Mankapur,
Nagpur City, Maharashtra, India, have come and registered complaint about the
murder of her elder daughter Isha. Details suggest that the deceased girl, Isha, and the
accused, Shlok, husband and wife, were consistently suspicious of each other. This
led to Isha residing with her parents for about a year. However, in recent days, the
accused pressured her to reunite, but she resisted. Fuelled by anger, the accused
husband, fatally attacked her with a sharp weapon, resulting in the filing of a case
under Section 302.

10 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION
13. Action Taken:
Since the above information reveals commission of offence u/s as mentioned at
item No. 2
a) Registered case & took up the investigation: Rajdeep Shinde (PI)/POCD81894
b) Directed (Name of IO): Rank:
c) Refused Investigation Due to
d) Transfer to P.S on Point of Jurisdiction: District:

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
R.O.A.C

14. Signature/Thumb Impression of the complainant/ Informant:

15. Date and Time of Dispatch to the Court:

Signature Of Officer in Charge, Police Station

Name: Rajdeep Shinde
Rank: Inspector No. POCD81894

11 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION
(ANNEXURE-2)
SPOT PANCHANAMA
Panch Name:
1. Devansh Ahuja, Age 27 years, Occ.- chemist, Res. 203, Mankapur, Nagpur, P.S.
Mankapur
2. Sunny Gupta, Age- 32 years, Occu- Bank Clerk, Res. 207, Mankapur, Nagpur, P.S.
Mankapur

Through a notice letter to the above Panchas, were summoned at Takdhi Nagpur, The
Panch voluntarily appeared and informed about Entry No. 25 on 05/10/2023, Time 23:55 hrs.
Sushma Agnihotri, age 38 years informed that her daughter is found dead. When we and the
police station staff arrived at the location, we found a girl approximately 20 years old lying
in a pool of blood. We inquired around the area. The deceased, Mrs. Isha Dixit, was
identified by her mother, stating, "This is our daughter, Isha Shlok Dixit, aged 19 years,
residing at Shivnagar, Godhani Road," thus confirming her identity. After requesting the
Panchas, the Namudra Panchas willingly consented to appear, and the Pancha Samaj
documented the Panchanama at the crime scene as follows.

We guided the Panchas to the location of the incident. It's situated behind on the road
from Godhani Main Road to Sant Gajanan, near K. D. R Heights Apartment, on a regular
road. When we showed the deceased girl's body to her parents, who had come to the scene,
they clearly said, "This is our daughter Isha," confirming her identity without any doubt.

Upon close examination of the scene in the presence of the Panchas, a lifeless body of a
young girl was discovered lying on the tarmac road, surrounded by a pool of blood. The
location is on the left side of the road when moving from Godhani Main Road to Sant
Gajanan Nagar. The orientation of the body places the head towards the east and the feet
towards the west. One hand is tucked in, while the other rests outward. The deceased is
attired in a white kurta with blue floral patterns and a blue salwar. A mobile phone with
broken screen was found near the waist. The examination reveals a visible wound on the
deceased's hand, with a throat cut in an east-west direction.

12 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION
The height of the deceased is 5.5 feet, and blood has spread on the road
below. Measuring

from the feet of the deceased, electric pole no. 45-8 is situated 52 feet away and is square-
shaped.

Sadguru Apartment is located on the left side beyond Namud Road, approximately 25
feet away. Blood is observed at a distance of 8.4 feet from the eyes of the deceased. The
distance from the deceased's head to the intersection is 36 feet in the east direction, with Mr.
Randhawa’s bungalow on the left side.

The above-mentioned dead body was sent by the Investing Officer Rajdeep, in a van, to
GMC, Nagpur. The details of the seized articles from the spot are as follows:
i. 00/-- Sharp steel Knife with blood stains
ii. 00/-- Blood sample soaked in cloth
iii. 00/-- sample of mixed blood sample
iv. 00/-- plain soil sample
v. 00/-- a pair of used lady's slippers of new white colour with blood stains
on them
vi. 00/-- 1 mobile phone, with broken screen
00/- Rs. 00/- five cases of the goods in question were seized.

After explaining the contents of the above sample report to the Panchas, the
investigating officer took custody of and the investigation materials brought along with him.

Observing the boundaries of the said site, Mr. Randhawa’s bungalow is situated in
the east, while Sadguru apartments are in the west.

The Panchnama proceedings for the said incident site, as per the observed situation,
commenced today on the date of 06/10/2023 at 12:05am hours under the illumination of
INFLATABLE LIGHT and concluded at 02.36am hours. The process was conducted on-site.
The Panchas read, observed, and verified the Panchnama and fulfilled their duties as
Panchas.
13 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-3)

14 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

15 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-4)

16 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

17 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

18 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-5)
MEMORANDUM PANCHNAMA

P.S. Mankapur, Nagpur City

Date: 09/10/2023

In the Crime No. 0547/23 in the offence under Sec.302 I.P.C. We, along with the Police
Officials, the accused , sat in the mobile van bearing No. as MH31CY9987. As told by the
accused, the driver of the vehicle took the road of Tower Line and then continued his vehicle
straight ahead. Opposite A-One General Stores, crossed Godhani Road and went to Zingabai
Takli road to the right, after going a short distance, as told by the accused, turn left on the road
leading to Incredible Park, after a short distance, the accused asked to stop the car, and the
accused, police staff, we and the Panch witnesses got down from the car. And the accused
showed the place on the side of the road where Isha was murdered. As told by the accused, we
came back to Godhani Road on the same road, took a right turn, stopped the vehicle at some
distance on the other side of the road and got down from the vehicle along with all and the
mentioned accused. Then the accused came forward to the vacant plot in front of the police
station and pointed to the place where the knife was thrown on the vacant plot facing A-One
General Stores. At that place, a steel knife was seen lying covered with blood as stated by the
accused in his confessional statement. The following is the description of said knife, after
taking possession of the same and inspecting it before the Panchas.
The description of the knife used in the offense by accused Shlok Chandrakant Dixit aged 24
years is as follows: 1) A sharp knife, stained with blood and having a total length of 24 cm.
Fist length 12 cm., width 2.5 cm. (middle), leaf width 2 cm. (Middle), the total length of the
leaf is 12 cm. Rs 100/- is the total cost of knife.
Boundary of said Memorandum Panchnama site is as to the East of Godhani Road is
approximately 100 feet west of Phoenix Mansion Apartment and to the North is the road
leading towards Mankapur Police Station and to the South is an open vacant plot.
The said Memorandum Panchnama proceedings are completed today dated 09/10/2023 at
16.37 hrs. The said Pancha's read the Panchnama and signed as a Panch Witness.

19 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-6)
EXAMINATION OF WEAPON

This is certified for examination of object brought by P.C. Jayant Gaikwad B.N. 2339 P.S.
Mankapur, Dist. Nagpur on date 20/10/23 at 1:20 PM examined by Dr. Robin D’Souza.

1. Name of the weapon; (One) Knife.

2. Nature of weapon: Sharp, Cutting pointed.
3. Type of weapon: Dangerous weapon, if used as a weapon of offence.
4. Edges: One sharp edge and one blunt edge.
5. Identification Mark: Brand name on one side of blade
6. Description: A metallic knife with Dimensions as follows:
Part of Weapon: Length Breadth Thickness
Blade 12.4 c.m. 2 c.m. 0.2 c.m
Handle 11.5 c.m. 2.8 c.m 1 c.m
Dried Blood Stains Present All Over the Weapon.

1. Injuries possible: laceration, stab injury.

2. Type of injury possible: Maybe simple or grievous injury
Answer of query:
1. Injuries mentioned on deceased may be possible with above mentioned weapon 2. Yes,
death may be possible.
Examination of weapon and answer of query.

Given on dated: 23/10/2023 at 3:00pm. Advice from chemical analysis for stain on knife.
Weapon sealed and handed to P.C. Jayant Gaikwad.

Dr. Robin D’Souza

Regional Forensic Science Laboratory,
Nagpur, Maharashtra

20 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-7)
CHEMICAL ANALYSER REPORT
To,
Police Inspector,
Police Station: Mankapur,
District: Nagpur

Your Letter No. 4388/23 Dated: 08/12/2023

Regarding: Five (5) parcels in connection with C.R. No. 0547/23 of P.S. Mankapur,
under Section 302 of IPC, was duly received in this office on 09/10/23.

Description of Parcel(s):
Five (5) sealed parcels, seal intact and as per copy sent.

Description of Articles Contained in Parcel(s):

1) Knife labelled A1
2) Blood-Soaked Cloth of the Victim labelled B1
3) Nail clippings labelled B2
4) Blood soil labelled B3
5) Blood-soaked clothes of the Accused labelled C1
6) Fingerprints of the Accused labelled C2

Result of Analysis:
● Exhibit A1 is stained with blood on blade.
● Result of further examination of Exhibit A1 has been given
separately.
● Exhibit B1 and B2 are stained with blood.
● Blood detected on Exhibits A1, B1, B3 are of same person i.e. victim
● Blood detected on Exhibit C1 is inconclusive as it is both, of human
as well as of animal.
● Blood group of the blood detected on A1 cannot be determined as
results are inconclusive.
● Fingerprints detected on Exhibit A1 are a match with Exhibit C2

Analysis started on: 18/11/2023 Analysis completed on: 08/12/2023

21 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-8)
POST MORTEM REPORT

Memorandum of a Post Mortem examination held at GMC, Nagpur.

On the body of: Mrs. Isha Dixit District: Nagpur
Conducted by: Dr Shivani Dandekar
A. General Particulars:
1. (a) By whom was the corpus sent? Police Station Mankapur
(b) Name of the place from which sent Mankapur, Nagpur
(c) Distance of place from which sent 9 km
2. By whom was the corpus brought? PI Rajdeep Shinde
3. By whom identified? PC Jayant Gaikwad
4. The date, hour and minute when received? 06/10/2023 at 03.20 p.m.
(a) The date, hour and minute of conducting
Post-Mortem examination. 07/10/2023 at 02.30 p.m.
(b) The date hour and minute of ending
Post-Mortem examination. 07/10/2023 at 04.00 p.m.
5. Substance of accompanying Report from As per Police Inquest Panchnama
Police Officer Or Magistrate, together with and Requisition Report,
the date of death if known Supposed cause Date & Time of Death is: of
death or reason for examination. 05/10/2023 before 10.48 p.m.
Supposed cause of death:
Homicide
6. If not examined at Dispensary or Hospital-

(a) Name of place where examined

(b) Distance from Dispensary or Hospital

NA

(c) Reason, why the body was to not sent

to the Dispensary or Hospital
B. External Examination:
7. Sex, apparent age, Race or Caste Female, 20 years, Hindu
Description of clothes and white coloured printed kurta, blue
ornament on the body pants all covered in blood & mud
22 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

8. Condition of clothes- Dried blood and mud stains

Whether wet with water, stained with present over the clothes
blood or soiled with vomit or
faecal matter
9. Special marks on the skin such as scars, “wings” symbol tattoo on the
tattoo etc. Any information or other marks right forearm.
of identification State of teeth Teeth- Intact

In newly born infants the length and

(if possible)the weight of the hair, nails

and umbilical cord its length whether NA

placenta is attached or not, is present

its size and conditions.

10. Condition of Body

Whether well-nourished thin, emaciated, Average built, cold

warm or cold.

11. Rigor Mortis well marked, slight or

absent, whether present in the whole Present and generalised.
body or part only.
12. Extent and signs of decomposition presence, No signs of decomposition. Post-
Mortem liquidity of buttocks joints, Post Mortem lividity present.
back and thighs on any other part.
13. Features- whether swollen , state of eyes, Natural, eyes partially closed,
position of tongue, nature or fluid if any, mouth partially open, cornea
oozing from mouth, nostrils or ear hazy, pupils dilated, blood oozing
out of nostrils & mouth.
14. Condition of skin- marks of blood etc. dried blood stains present over
Face and body.
15. Injuries to external genitals, No injury, no purging.
indication of purging

23 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

16. Position of limbs especially of arms and Upper and lower

of fingers in suspected drowning the extremities straight.
presence or absence of sand or earth within
the nails or on the skin of hands and feet.
17. Surface wounds and injuries their nature chop and stab wounds all over
position dimensions (measured) and the body
directions to be accurately stated their
probable age and causes to be noted

if bruises be present, what is the

condition of the subcutaneous tissues?
18. Other injuries discovered by external
examination or palpation, such as
fractures, etc.
Can you say definitely the injuries yes, injuries no. 1-54 are ante-
shown against serial nos 17 and 18 mortem injuries.
are ante mortem injuries?
C. Internal Examination:
19. Head-
(i) Injuries under the scalp, their nature Intact
(ii) Skull-Vault and Base- describe Intact
fractures their dimensions, directions etc.
(iii) Brain: The appearance of its coverings, Meninges intact.
Size, weight and general condition of the Brain matter - pale
Organ itself and any abnormality found
In Its examination to be carefully noted.
20. Thorax-
(a) Wall, ribs cartilages Intact
(b) Plevao 150cc of blood and blood clots
present in right side of pleural
cavity.

(c) Larynx Trachea and Bronchi Pale mucosa, epiglottis, trachea

24 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

and oesophagus are cut at

the
level of c2-c3.
(d) Right lung Punctured wound present over
arterio-lateral aspect of size
1.5x0.5 cm
(e) Left lung Intact, pale
(f) Pericardium Intact, pale
(g) Heart with Weight Blood & blood clots present
(h) Large Vessels
(i) Additional Remarks NIL
21. Abdomen
Walls Stab wounds & internal bleeding
Peritoneum Penetrating wound and
hematoma present.
Cavity 1000cc of blood and blood clots
present.
Buccal Cavity Teeth, tongue and pharynx Intact, Mucosa- pale.
Oesophagus Cut at the level of c2-c3
Stomach and its contents
Small intestine and its contents Gases and faeces present, pale.
Large intestine and its contents Gases and faeces present, pale
Liver (with weight) and gallbladder Punctured wound present over
anterior surface of right lobe of
liver of 0.2x0.5 cm
Pancreas and Suprarenal Intact, pale
Spleen with weight Intact, pale
Kidneys with weight Intact, pale
Bladder Intact, Empty
Organs of generation Intact, congested. Uterus-
nongravid

25 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

Additional remarks with where possible

medical officer’s deduction from the state NIL
of contents of stomach as to the time of
death and last meal.
State which viscera ( if and ) have been
retention and also quote the numbers on Viscera present and preserved.
the bottle containing the same blood sample collected and sealed
22. Spine and Spinal Cord Body of c2 cervical vertebra is cut
anteriorly
(a) Whether the ante-mortem injuries
found on the dead body were Yes
sufficient in the ordinary course
of nature to cause death?
(b) If yes, which of the injuries were
individually sufficient in the Injury No. 5,6,27,28,29
ordinary course of nature to
cause death?
Opinion as to the probable cause of the death- Haemorrhage & shock due to 54 injuries sustained.

Date: 07/10/2023
Place: GMC, Nagpur

Signature:
Name of M.O.: Dr. Shivani Dandekar
Designation: Forensic Pathologist
SEAL
Received by I.O.

Signature:
Name: Rajdeep Shinde
Rank: PI
P.S.: Mankapur, Nagpur
Date of Collection: 10/10/2023

26 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-9)
STATEMENT OF MOTHER OF VICTIM
(The statement is to be considered also as the oral report attached to the FIR )

(PROSECUTION WITNESS - 1)

● I Sushma Agnihotri, Age 38 Years, Occupation - Photography, Res. Plot no. 88.
Shivnagar, Gole Lay Out, Godhani Road, Nagpur.

● I live at the above address with my husband Shri Shankar Prasad Agnihotri, age 38
years, photography, and two daughters namely Isha, aged 20 years, Occupation:
Education and Reema, aged 17 years Occupation: Education.

● My daughter Isha was studying in the first year of her philosophy degree. Similarly,
she was a professional photographer and a professional Mehendi artist. She had a love
affair since last 2 years with Shlok, Aged 24 Yrs, R/o Katol Road, Mankapur, Nagpur.

● They got married around July 2021 after she turned 18. And since then, they lived
together for about 8 months. But he kept doubting her and he also had hit her once or
twice. And there was a constant quarrel between them. Hence, she was staying with us
for about 1 year.

● For the last three days, she was worried sick and didn’t even eat properly. Shlok was
also harassing our younger daughter Reema by calling her on her mobile and talking
about Isha. On 04/10/2023 at 05.00 PM. Isha told me that Shlok was constantly putting
pressure on her to be with her and threatening to kill her if she didn't. Sometime after
that at 09:30 PM. Isha left home saying that she was going to Sai Mandir to get mehndi
done in someone's house. And she called me sometime around 11:30 PM. Saying that
she would return the next morning i.e., on 05/10/2023.

● On 05/10/2023 at 05:00 AM. Isha came to our house around 8:00 am., she said that she
had lost her phone and went to the police station to file a report. She came back home
in the evening at 07:00 P.M. Along with her was her friend's moped two-wheeler. As
my younger daughter Reema had a kirtan program in Pune, Isha and I went to railway
station to drop her off. After Reema departed at around 9:00 P.M. Isha received a call
on her mobile phone from Shlok, he was asking her to meet after sometime she
informed me about the same and left to meet him.

27 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

● After some time, I called and texted Isha but she didn’t revert back to my calls and
texts, I got worried about her. So, I called my husband and told him about what is
bothering me to which my husband said that Isha and Shlok are married after all and
if they are resolving their issues then what’s the harm in it!. After hearing this I was
still worried but eventually I stopped calling her and was waiting for her to return.

● When Isha didn’t return home for so long, me and my husband got worried and went
out searching for her. Upon reaching Godhani Road, we found a girl lying on the ground
in a pool of blood, with the same clothes as Isha’s. We went forward to take a closer
look and found out that it was our daughter. We panicked and grabbed ourselves to go
to the police station and registered FIR. My daughter was killed brutally by her husband
Shlok. He is a danger to our family and hence, he should not be released on bail.

28 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-9)
STATEMENT OF RISHI RANDHAWA
(PROSECUTION WITNESS- 2)

● I am Rishi Randhawa, Age: 42, Occu.: Service, R/o Gajanan Nagar, Bajediya,
Mankapur, Nagpur.

● I live at the above address, in a bungalow, outside the Kirana Shop Alley, with my
wife and 2 children and I generally return home from work at around 9 PM.

● On 05/10/2023, at around 10:15 PM, I was standing in my Balcony. A few moments

later, a man came running out of the kirana alley. I could not see him clearly though
due to poor lighting. He was of average height, wearing shirt and trousers. I did not
pay much attention to this and went inside to sleep.

● After almost half an hour, I heard some noises from the road and went to the balcony
to see where the noises were coming from. I saw a crowd at a distance from my
house, i was confused about the event. So, went ahead towards a crowd and saw a
dead body lying there, surrounded by blood and the Police were investigating over
there.

● At midnight, police officers approached my residence, as my bungalow has a CCTV

camera installed at the entrance. But, unfortunately, my CCTV camera was under
maintenance and hence, did not record anything.

● After that, one officer asked us if we have seen or heard anything to which, I told
them that I saw a man who came running from the direction of the incident.

29 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-10)
STATEMENT OF ACCUSED
(DEFENCE WITNESS-1)

● I am Shlok Chandrakant Dixit aged:24 and Occupation: Business, R/o Natraj Nagar, Katol
Road Nagpur.

● I live at the above address with my parents Chandrakant Dixit and Jyoti Dixit.

● Isha and I were in a relationship for 2 years since 2019 and decided to marry each other and
when we became mature, we got married in July 2021.

● We lived together for 8 months after marriage but things didn't work out and eventually both
of us got separated.

● After our separation Isha was living in her paternal home and I didn't try to contact her since
then and neither did she, both of us did not communicate.

● On 05/10/2023 in the evening I went to my Maternal Uncle's home namely Suryakant Thakur
who owns a butcher shop in Khaparkheda and at around 12:30 AM we closed the shop together
and I stayed there itself at his home.

● On 06/10/2023, in the early morning at around 4:30 am, police came to my uncle’s house
and arrested me. Upon asking, they told me that Isha was murdered and her mother has a
suspicion on me.

30 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

(ANNEXURE-10)
STATEMENT OF UNCLE OF ACCUSED
(DEFENCE WITNESS – 2)

● I, Suryakant Thakur, aged 40, operate a butchery business and live near
the Tehsil Office in Khaparkheda, Nagpur, Maharashtra. Additionally,
my business is conveniently situated in the same locality as my
residence. Shlok Dixit is my Cousin sisters Son that in relation is my
nephew

● Shlok Dixit works in my shop as a butcher and is a very hardworking

individual. He wasn't highly social and had only a few friends. He has
been working with me since June 2020. In 2021, he got married to a girl
named Isha Dixit, describing it as a love marriage. They lived together
for approximately 8-9 months, but due to unforeseen reasons, Isha started
living with her parents.

● After this, Shlok's focus shifted, but he continued to come to work

diligently, completing his tasks and promptly returning home. Most of
the time, he stayed at my house because it was challenging for me to
manage everything. We used to close the shop around 11 P.M., and
afterward, he would either go to his house or stay at mine.

● On 05/10/23, we were busy fulfilling a large order, which required us to

work overtime. In the process, Shlok got a cut in his hand as we were
working continuously and feeling exhausted. We completed the order
around 12:30 A.M., and since it was too late to go home, he stayed at my
residence, as he usually did. We were both very tired at that time and
went to sleep.

● On 06/10/2023, at around 4.15 am, police came to my house and arrested

Shlok for the alleged murder of his wife Isha Dixi

31 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

IN THE COURT OF SESSION, NAGPUR

(Presided over by X.Y.Z., Sessions Judge )
Sessions Trial No.: 713
The State of Maharashtra,
Through the Officer in-Charge,
Police Station Mankapur,
Nagpur
……....PROSECUTION
//VERSUS//
Shlok Chandrakant Dixit
Age- 24years, Occu- Business,
R/o. Godhani Road, Mankapur,
Nagpur
……….ACCUSED

CHARGED UNDER SECTION 302 OF THE INDIAN PENAL CODE, 1860

JUDGEMENT
(Delivered on this 9th Day of March, 2023)

The accused is prosecuted for the offence punishable under Section 302 of the Indian Penal
Code, 1860 (IPC, for short) for committing the murder of Mrs. Isha Dixit aged 20 Years by
assaulting her with knife on her face, neck, shoulder, hands, ribs, chest, etc on 05/10/2023 at
about 10:30 P.M. at Mankapur, Nagpur.

It is the case of the prosecution that, the victim and the accused used to reside as husband
and wife, and since 1 year prior to the incident the victim, owing to differences with the
accused, had started residing at her parental house and the accused was insisting her to stay
with him and also had suspicion on her character, and as such, on the aforesaid date, time and
place, he assaulted the victim with a knife, resulting in her death, and thereafter her body was
found by her parents and the police went to the spot immediately and prepared spot panchnama
and seized the articles from the spot and found the dead body of the victim, which was sent to
hospital. Subsequently, the father of the victim identified the body and the mother lodged F.I.R.
against the accused and the investigation was carried out.

32 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

Sr. No. Points Findings

1. Whether the Prosecution further prove that, YES

accused, on 05/10/2023 at about 10:20 P.M
committed murder by intentionally causing
the death of deceased Mrs Isha Dixit, aged
about 20 years, by assaulting on her face,
neck, shoulder, hands, ribs, chest etc. by
means of knife and thereby committed an
offence punishable u/s 302 of I.P.C. ?

2. What order ? As per final order

REASONS
AS TO POINT NO. 1 AND 2
The prosecution argued that, the case of the prosecution is not solely based on
circumstantial evidence, there is also an eye witness and all the facts and circumstances have
been established which clearly shows that the accused has committed the crime it was also
argued that post mortem report and the weapon examination also supports the case of
prosecution and states that the weapon caused the injuries on the body of the victim which
resulted in her death. So, also there was an injury on the right hand of the accused caused by
the similar weapon. It has been further argued that looking at all the aforesaid circumstances,
the prosecution has established that the accused has committed brutal murder of the deceased
, therefore he may be convicted.

It was argued by the defence that the accused has been falsely implicated in the present
crime, there is no direct evidence to connect the accused with the said incident and the above-
mentioned eye witness have also not seen anyone clearly. It was further argued that police
personnels have not conducted proper investigation and the memorandum panchnama is
incomplete and vague. It has been further argued that the recovery of the weapon is from the
open space, which is accessible to all. There are no independent witnesses who said anything
about suspicion on the victim or harassment.

33 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

The defence also argued that in the case of circumstantial evidence, all aspects must
point out toward the guilt of the accused and the entire chain of evidence should be intact.
There is no link established by the prosecution to suggest that the said knife belongs to the
accused. Further, it has been argued that the defence has examined Defence witness -1 (
Suryakant Thakur) , In whose butcher shop the accused used to work and the testimony of this
witness. Supports the fact that the accused was , at the time of the assurance, at his butcher
shop from where his injury was incurred. The prosecution has failed to prove that the injury
of the accused is directly linked with the weapon and incident. The injury to the accused cannot
be the only circumstance to link the accused with the crime. Lastly, it was argued that the
prosecution has failed to prove the guilt of the accused beyond reasonable doubt therefore, he
may be acquitted by giving benefit of doubt in interest of justice.

At the outset it would be apposite to mention that, the present case of the prosecution
is totally based on circumstantial evidence since there is no eye witness. The circumstances
that are sought to be placed on record by the prosecution are as under:
1. Motive
(a) Relationship between the accused and the victim
(b) Their separation
(c) Suspicion of the accused.
2. Statements of the Prosecution Witnesses.
(a) Phone call to Victim.
(b) Eye Witness
3. Recovery of knife and clothes, with human blood, under section 27 of the
Indian Evidence Act.
4. Injury on the right hand of the accused.
5. Fingerprints of the accused on the knife

Before adverting to the aforesaid circumstances and evidence led by the prosecution to
prove the circumstances it would be apposite to mention that, it is not disputed that the victim
died homicidal death. Moreover, the post mortem report prepared by Dr Shivani Dandekar on
07.10.2023, shows that the clothes of the victim were having blood and mud stains and she
also sustained 54 chop and stab injuries. According to the P.M report there was a punctured
wound in the right lung and the external injury Nos.5, 6, 27, 28, and 29 corresponding to the
internal injury were sufficient in ordinary course to cause death. It was also deposed that the
knife, that was said to him along with the query, could cause the said injury. It is therefore
amply clear that the victim was inflicted upon in a series of assaults by knife that caused as
much as 54 injuries. Thus, the death was, no doubt, homicidal.
34 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

That the statements of witnesses are being corroborated by one another. The motive, the
history between the accused and the victim, further, the recovery of the knife and the possibility
of the knife causing the injuries found on the victim, and the same weapon was recovered from
spot with matching fingerprints of accused, under Section 27 of the Indian Evidence Act, the
accused has shown place where he hid his blood-stained clothes which were recovered by
Police. Furthermore, the non-explanation of circumstances against him under Section 313
statement of the accused creates a chain of circumstances strong enough to conclude that the
possibility of anyone else committing the crime is ruled out. Thus, when memorandum along
with corroborated deposition, recovery panchnama, weapon examination, chemical analysis
report and the postmortem report as well as the failed defence of the accused is taken into
consideration. The totality of circumstances clearly land credence to the fact of culpability of
the accused to the said crime.

The question that required to be determined, whether the circumstances may be doubted by
the prosecution have been totally proved and whether those circumstances for a complete chain
of circumstances leading to the only inference of guilt of the accused. Hence I find that the
Accused is responsible for killing the victim.

Therefore, I pass the following order-

ORDER
1. Accused Shlok Dixit S/o Chandrakant Dixit is convicted under sec 235(2) of
the code of criminal procedure, for the offence punishable under sec 302 of
the Indian penal code, and its sentence to suffer imprisonment for life and to
pay a fine of Rs. 1,00,000/- Rs. One lakh only, to be paid to the informant, in
default, he shall suffer further imprisonment for two years.
2. The accused is in custody since 06/10/2023 till this date and the same be taken
into consideration at appropriate time.
3. Seized muddemal i.e. knife, be sent to District Magistrate, Nagpur, for its
disposal according to law, after the period of appeal is over.
4. Copy of the judgment be provided to the accused “free of cost”

Nagpur
Date: 16/03/2024
(XYZ)
Sessions Judge,
Nagpur

35 | P a g e
 19th KSHAN-2024
MOOT PROPOSITION

NOTE:-

1. The witness statements are taken as per the provisions of sec 161 of Cr.P.C.
2. The documents in the moot problem are merely annexures.
3. The accused and his uncle have to be examined as per the provisions of section 315 of
Cr.P.C.
4. The defence witness statements are merely a suggestive statement.
5. That the teams cannot rely on the judgement for the trial rounds.
6. That the statement of facts are merely a guide so as to set the tone of the story.

List Of Witnesses To Be Examined:-

1) Investigating Officer
2) Prosecution Witness-1 (Mother Of Victim)
3) Prosecution Witness-2 (Resident of Locality)
4) Defence Witness-1 (Accused)
5) Defence Witness-2 (Uncle Of Accused)

Disclaimer:-
All the facts, names, character, etc stated in this moot problem are purely fiction and any
resemblance with any real/ thing/ person is only co- incident and has no effect or relation to
any actual event of the same kind.

36 | P a g e