Trial Proposition
Trial Proposition
TRIAL ADVOCACY
  COMPETITION
  INTRA UNIVERSITY
     LAW FEST 2.O
    Proposition
                                             TABLE OF CONTENTS
1. In the republic of Sindia, there exist a miraculous city where all the babies are born
   either as identical or non-identical twins. It is nowhere but the city of Mayavaram in
   the State of Dholakpur. James Paul and Larry Paul are identical twin brothers who were
   born on 3rd March, 1991, in Mayavaram. The elder brother, James Paul is a budding
   actor whereas the younger brother is an industrialist who has an aluminium refinery
   factory.
2. James is married to a beautiful and dedicated journalist named Cynthia, and together
   they have a 13-year-old daughter, Evie. However, tensions begin to rise around Evie’s
   13th birthday when James’s brother, Larry, was found to be releasing industrial-grade
   effluents directly into the river without proper treatment. As a responsible journalist,
   Cynthia investigated the issue and published an article exposing the environmental
   violations, which sparked intense disputes within the family. Heated arguments became
   a daily occurrence, their once peaceful home turning into a battleground, with conflicts
   so intense that even the neighbours took notice. Caught between her duty as a journalist
   and the turmoil it has brought into her family, Cynthia begins to question whether she
   made the right decision or if she should have chosen her family over her job.
3. Whilst all this Cynthia’s article brought her a promotion as it drastically increased the
   newspaper’s readership. With her rising status, she attended numerous work-related
   parties and starts drinking regularly. Meanwhile, tensions at home remained unchanged,
   with ongoing conflicts straining her relationship with James.
4. James and Cynthia resided in a safe-gated community Apartments called ‘The Indigo
   Apartment’, with Dolu Kumar as their neighbour living right across the hall and
   Goperumdevi residing directly below them.
6. The next morning, Dolu Kumar stepped into his bathroom, ready for a shower, only to
   be met with a foul odour and hair strands flowing from the tap. Disgusted and alarmed,
   he immediately calls the apartment maintenance staff to check the water tank. What
       they discovered left them frozen—Cynthia’s lifeless body was floating inside. They and
       quickly alerted the police, filing an e-FIR as the complex fell into a state of shock.
DISCLAIMER:
The below Trial Proposition is only for the purpose of Trial Advocacy Competition in Law Fest
2.o, 2025 conducted by the Moot Court Association, School of Excellence in Law, The Tamil
Nadu Dr. Ambedkar Law University. The contents of the same are purely imaginary and neither
intend nor attempt to resemble any incident or any person, living or dead. All materials, names,
characters, locations, dates etc. in the trial proposition are fictitious and do not intend to or
attempt to hurt the feelings or sentiments of any community or degrade the values and
ideologies of any group of people, religion or individual. Any resemblance to the same is
unintended and merely a coincidence. Please note that this story is set in the year of 2025.
                 ANNEXURE 1: REMAND FOR JUDICIAL CUSTODY
KASUKABE DISTRICT
C. C. No. 420/2025
v/s
ACCUSED NO. 1:
Age: 35
ACCUSED NO. 2:
Age: 35
DATE: 02/01/2025
TIME: 06:00 PM
ORDER
In furtherance of the case, who are Accused 1 and Accused 2 respectively were
presented before me at 06:00 PM. A remand application has been filed and the
documents of arrest intimation, arrest memo, a copy of the FIR have been submitted.
The Accused 1 and 2 did not plead ill-treatment by police and have submitted that they
were arrested today morning at 09:30 AM. Accused 1 was arrested from Indigo
Apartments and Accused 2 was arrested from Alleppey Garden Bar. They have
submitted that their family members were informed about the arrest by the police and
that their advocate has filed a bail application under Section 480 of BNSS.
The reasons mentioned for the remand application have been considered by this court.
As it appears that the investigation is pending, this court grants the remand for judicial
custody of Accused 1 and 2. Accused 1 and 2 shall be sent to judicial custody till
03/04/2025 under Section 187(2) of BNSS. The Jail Authorities are directed to produce
the two accused before the concerned court on the next date of hearing.
KASUKABEY DISTRICT
v/s
To,
Wherein your attendance is necessary to answer to a charge under Sections 101 and
103 r/w 61 of BNS, you are hereby required to appear in person by 4th, 5th & 6th of
April, 2025 before the Principal Session Judge, Kasukame at ten o'clock in the
forenoon. Herein fail not.
Given under my hand and the seal of the Court, this day of 20th March, 2024.
KASUKABEY DISTRICT
C.C.No. 420/2025
v/s
To,
3. Duraisingham
ORDER
In pursuance of the information that has been laid before me that the two accused: (1)
Mr. James S Paul and (2) Mr. Larry S Paul in the present matter, herein referred to as
A1 and A2 respectively, have been arrested and taken into custody by the Dholakpur
City Police on the 2nd January, 2025 for conspiring and committing the offense of
Murder and are punishable under Sections 101 and 103 r/w 61 of BNS, and it appears
to me that you are likely to give material evidence or to produce any document or other
thing for the prosecution.
I, Neeraj Kumar, Principal Sessions Judge, Dholakpur City, do hereby order that the
re-examination of the concerned witnesses in the present matter be conducted on the
4th, 5th & 6th of April, 2025, at 10 A.M., before this Court and hereby summon the
concerned witnesses to appear for the same and produce such document or thing or
testify on the matter of the complaint before me. A warrant shall be issued to compel
your attendance if you neglect or refuse to appear without just excuse.
KASUKABE DISTRICT
C.C.No. 420/2025
v/s
ORDER
I, Neeraj Kumar, Principal Sessions Judge, Dholakpur do hereby charge the above-
mentioned accused for the offences committed, which are punishable under Sections
101 and 103 r/w 61 of BNS, and do hereby direct that you all be tried by this Court for
the above said offence from the date as specified.
The contents of the charges have been read over and explained to both the two accused
and the following questions were asked:
Q. Mrs. James, have you heard and understood the contents of the charges framed
against you?
Ans. Yes
Ans. I plead not guilty and wish to contest in the Trial proceedings.
Q. Mr. Larry have you heard and understood the contents of the charges framed against
you?
Ans. Yes
Ans. I plead not guilty and wish to contest in the Trial proceedings.
The Summons is issued to all the concerned Witnesses and the Trial is scheduled to
commence on 3rd, 4th, 5th & 6th of April, 2024 at 10:00 AM before this Court.
KASUKABEY DISTRICT
v/s
COMMITAL ORDER
Whereas information has been laid before me and on the consideration thereof, I have reasons
to believe that all the accused: (1) James S Paul and (2) Larry S Paul who are Accused 1 (A1)
and Accused 2 (A2) respectively, are alleged for having conspired to and committed the offence
of Murder of one Mrs. Cynthia on 2nd January, 2024 at 11:00 PM. Since the offences are under
Sections 101 and 103 r/w 61 of BNS, it is exclusively triable by the Court of Sessions at
Dholakpur. Notice of the Committal Order has been given to the Public Prosecutor. Copies of
the Final Report of the Investigating Officer have been given to the accused.
F.I.R. read over to the informant, admitted to be correctly recorded and a copy given to
1. District: Kasukabe
2. Police Station: Pehelwanpur
3. Date and Time of receiving information about death: 02/01/2025 at 6:55 AM
4. Details of Witness I:
   a. Name: Mahesh
   b. Age: 24
   c. Residing at: No. 64, Indigo Apartments, Pehelwanpur.
6. Details of Deceased:
   a. Name: Cynthia
   b. Age: 33
   c. Address: No 66, Indigo Apartments, Pehelwanpur.
1. DISTRICT: Kasukabe
2. FIR No: 271/2025              DATE: 20/02/2025
3. Act(s) and section(s):
       a. Act(s): The Bharatiya Nyaya Sanhita, 2023
       b. Section(s): Section 101 & 103 r/w 61 of BNS, 2023
4. PROPERTY SEIZED/RECOVERED/DISCOVERED AT: Indigo Apartments,
   Victory Road, Kasukabe
   a. Date: 02/01/2025
   b. Time: 8:30 AM
   c. Address of the place from where seized/recovered/discovered: Indigo
       Apartments,
5. WITNESS:
       a. Name: Kamaleshnath
            Age: 30
            Residing at: No. 63, Indigo Apartments
       b. Name: Cyntha Paul
            Age: 27
            Residing at: No. 66, Indigo Apartments
1A/271/2025
1B/123/2025
              1C/271/2025
                          1D/271/2025
1E/271/2025
1. DETAILS
   a. District: Kasukabe
   b. P.S: Pehelwanpur
   c. Year: 2025
   d. FIR No: 271/2025
2. Charge Sheet No./ Final Report No.: 657/2025
3. DATE OF FILING REPORT: 20/03/2024
4. ACT(S): Bharatiya Nyaya Sanhita (BNS)
5. SECTION(S): 101 & 103 r/w 61 of BNS
6. IF SUPPLEMENTARY OR ORIGINAL: Original
7. NAME OF THE I.O: Duraisingam
      Rank: Sr. P.I.
      No: 367/Pehelwanpur
ACCUSED NO. 1
DATE: 02/01/2024
PANCHA NO: 1
NAME: Mahesh
AGE: 30 Years
RESIDING AT: No. 64, Indigo Apartments, Victory Road, Kasukabe – 600 973
PANCHA NO: 2
NAME: Jithin
AGE: 34 Years
RESIDING AT: No 22/75 Kutchery Road Mayavaram 600 901
We the above mentioned panchas were called by Duraisingam the investigation officer, to act
as panchas in the present case on 02nd January, 2024 at about 6:50 AM
The investigation team, donned in gloves and masks, entered the premises with caution.
They collect the following items as evidence - an iron rod, located near the water tank, labelled
as 1A|271|2025, a brown bottle, positioned on the table inside their house no.66, labelled as
1B|271|2025, a piece of cloth bit labelled as 1C|271|2025 discovered near the water tank in the
terrace, a brown bottle used to store medicines of some sort besides a glass of water, labelled
as 1D|271|2025. No other items or properties were seized by the police in our presence.
The panchnama was concluded in an orderly manner, with the contents beings read out to us
and accurately recorded.
GENERAL FINDINGS:
The body was that of a moderately built and nourished adult female, measuring 161 cm in
height and weighing 55 kg, with a medium complexion. The face appeared puffy and livid,
the eyes were closed, pupils dilated. No abnormalities were observed in the external genitalia,
anus, or other external body orifices. The cornea was cloudy. The odour of alcohol was
detectable on examination, especially near the mouth. Rigor Mortis and Cutis Anserina were
observed in the body.
EXTERNAL EXAMINATION:
   1. Contusion 6x3x0.5 cm on the left side of forehead, just above the left eyebrow and 2
       cm outer to midline. Underneath, the scalp showed hematoma 5x3x1cm.
   2. Contusion 3x3x0.5 cm on the left side of the chin, slightly above the jaw.
   3. 4 Abrasions and fingernail marks seen in the back of the neck.
   4. A fine white froth present in the mouth and nostrils.
   5. Wrinkling and whitening of hands and skin on the palms and feet.
   INTERNAL EXAMINATION:
   1. The brain (1305 gm) showed one contusion on the side of left parietal lobe. Diffuse
       subarachnoid haemorrhage, narrowing of sulci and flattening of gyri.
   2. Fractures of the 3rd and 4th ribs on the left side at outer aspect.
OTHER FINDINGS:
The lungs were soft, reddish, and congested, with the right lung weighing 210 gm and the left
weighing 195 gm. No fluid was found in the lung or windpipe. The heart, weighing 185 gm,
was flabby, with normal walls, valves, and chambers, and the coronary arteries were patent.
Liver (1600g) showed fatty changes with round borders. Larynx was congested. The stomach
contained white fluid with milk like appearance. The appendage and uterus were found to
appear normal. All other body parts were found to be pale, pinkish and normal. No other
findings were recorded.
Cause of death was likely due to blunt force trauma to the head or drowning.
S/d-
Anthony Deshmukh
CERTIFICATE OF EXAMINATION
The Articles cited below as A1, A2, A3, A4 and A5 which were seized from the scene of
occurrence and sent to the Regional Forensic Science Laboratory, Malgudi for forensic
examination, were received on 20th January, 2025. The articles were received and sealed in a
manner that corresponds to the materials as were informed to be received, all of which are
summarized in the forensic report.
Case Summary:
Mrs. Cynthia, 33 years old female was a journalist, whose viscera was sent for testing to check
for presence chemical analysis. The present report was brought about to confirm the same.
POSITIVE FINDINGS:
                     Compound                                  Result                Units
Secobarbital 30 Mg
SPECIMENS RECEIVED:
 ID        Tube/ Container                  Collection Date/ Time          Matrix Source
 001       Grey top test tube               05/01/2025                     Blood
 002       Yellow top test tube             05/01/2025                     Urine
REFERENCE COMMENTS:
Secobarbital is a common anti-depressant and acts as a sleeping pill. It was found in mild dose
in the body.
BAC was 0.15%.
Toxicology Analysis:
                                                                                             Sd/-
                                                                                Dr. Arjun Reddy
                                                                             Laboratory Director
                       WITNESS STATEMENTS – PROSECUTION
I am Dolu Kumar, son of Pandya Prasad Kumar who is an ex - serviceman in army force. I am
40 years old and working for Infosys as a managing director. I have been residing in Indigo
apartments for the past four years and certainly connected with Mrs. Cynthia's family who is
residing opposite to our flat and in fact a puzzling family to travel with. I am not sure about her
husband Mr. James, a well-known actor, but not one that I have interacted with a lot. Overall,
they are a tightly knit family that has not had much problems. Both our families reside on the
topmost floor of the apartment. We are the only two residents in our floor.
On December 16, 2024 I got invited just like the other apartment members to their daughter,
Evie’s birthday. I had previously heard rumours that the child was suffering some mental
disorder. At that event everyone was present and it was one of the most memorable days for
the whole apartment. But that was when the once peaceful family started having problems. I
often used to hear the parents fighting loudly late at night when I used to return back home.
Their poor child also used to be crying. In multiple instances Cynthia used to fight and go to
the terrace. I never really got to the bottom of why they were fighting however I did hear
apartment rumours about some news article written by Cynthia against her Brother-in-Law,
Larry. Larry is an occasional visitor to the apartment, however recently he has been visiting
quite often when Cynthia goes to work.
On the 1st of January, after finishing my work I was coming back home late around 10:30 PM.
I noticed a bike parked at my usual parking slot. Frustrated, I parked my car outside and went
home to sleep. It was then I heard them fighting again and as usual Cynthia went to the terrace.
Their daughter was crying loudly and screaming at her father. It was very sad to see the once
happy family currently in this predicament.
The next day, I woke up early as usual to leave for office and when I opened the shower hose,
to my shock there were hair strands and the water also looked discoloured with a bad odour. I
called the apartment maintenance and immediately went with the maintenance boy to check
the tank and that is where to my shock, I found Cynthia floating in the tank. I immediately
called the police and informed them and they came to the scene in 15 minutes.
PW2 – Dr. Anthony Deshmukh
I am Dr. Antony, Senior Pathologist at Artemis Hospital. I conducted the Post Mortem on the
deceased. The time of receipt of body was around 6 pm on the 2nd of January. Upon examining
the victim, Mrs. Cynthia, I found a head injury caused by a blunt steel object, consistent with
a rod. The body was found in the water tank, suggesting possible drowning post-head trauma.
Time of death is estimated to be between 12:00 AM and 2:00 AM.
I am Dr. Ravivarman, a forensic expert working at the Forensic Science Laboratory. I analysed
the samples sent to me which were all sent in a neat and packed manner. I received the first
batch of samples which were an iron rod, a piece of cloth, a brown bottle and a refill of a parker
pen. I also received the fingerprint samples of the deceased person and the two accused persons.
Matching with the same, I was able to find traces of Accused 1’s fingerprints in the bottle and
Accused 2’s fingerprints on the iron rod. Further investigation is required to confirm the exact
sequence of events.
PW4 – Evie
I am Evie, 13 years old. I am the daughter of Mrs. Cynthia and Mr. James. My mother was a
Journalist, and my father is an Actor.
In recent times, I have seen my parents fighting a lot. It all started 2 weeks ago during my 13th
birthday (16.12.2024). I remember because it was supposed to be a happy day with lots of fun.
We had a huge party with everyone in the apartment coming to my house. But in the next
morning, I don’t know why, my parents started arguing a lot. I saw my mother crying all day
and all the plans for the birthday did not go as planned. Larry uncle had also not come to the
birthday and my father was even more upset about it because we all used to celebrate birthdays
together as a family. After that day, my parents kept fighting almost every day.
One day, during a fight, I heard my father saying, “If you don’t stop working, I will definitely
kill you!” He seemed very angry and tried to hit my mom a couple of times that day. I was
terrified as I have never seen my father get angry a lot and he looked like a monster who would
kill us anytime. My mom seemed very upset about it and I saw her constantly zoning out while
cooking and one day, in the middle of night when I went to drink water, she was crying in her
sleep. They had been sleeping in separate rooms since my birthday.
My mother is a stargazer, so whenever she feels very sad, she used to go up and look at the
stars. She loved to look at the stars and had taught me about the constellations and taught a lot
about stars. One day after she fought with my father she still smiled and told me to come up
with her. That is when she told me that my father and Larry uncle were not very happy with
her and were threatening her because of something she did. She told me that if I was ever sad,
I should also go see the stars.
On the night my mother died, I saw something that I cannot stop thinking about. I saw my
father taking out a brown bottle from the drawer and put some tablets from it into my mother’s
milk. She drank it after she refreshed after coming home from work. Then, as usual, they started
arguing again. This time I noticed my father not too involved in the fight. Something seemed
off in him. Then I saw my mother go up to the terrace alone that night.
After my mother left to terrace, my father came to me and hugged me. He told me not to worry
and put me to sleep. I don’t know what happened after that, but the next thing I knew, my
mother was found in the water tank. The police say she was hit with a steel rod. I don’t know
who did it, but I am sure I saw my father adding some tablets in the milk which mom had that
night. But I don’t know why.
This is everything I know. I just want to know the truth about what happened to my mother. I
feel so miserable without her.
                 WITNESS STATEMENTS – DEFENCE (Aide Memoire)
DW1 – GOPERUNDEVI
I am Goperundevi and I am 35 years old, working as a teacher in Maple ridge academy as well
as a counselor helping people to turn down their fears and tune their strenuous path. I’m
residing on the third floor right below Cynthia’s flat. To talk about Cynthia, she is a very good
friend of mine. We have everything in common. I like her for being so dedicated to her work
and passionate. But as the days passed something about her was different - off, almost
unrecognizable. I tried to contact her but something stopped her like an invisible weight
pressing down, keeping her from moving forward.
One day we both met surprisingly and were stunned to see her pale face. She was looking very
weak and depressed and that she had some work-related stress. And that's when she told me
about Larry, her brother-in-law who was involved in desperate work and that she tried to reveal
his faults. She was wrong about him and she could not help it.
Ever since the day she published the article, although she got a promotion in her workplace,
her brother in law’s depression due to getting his life’s work closed affected her in a weird way.
The same person who used to come every weekend to play with their daughter no longer came
to the house. She often spoke about how she was “misled” and how she wishes she had a second
chance.
On one occasion when we were talking, she brought up the concept of suicide and how she
feels very disconnected with the world. As a psychologist I also felt that her actions with
stargazing etc. were an act of desperation or a last-ditch method. I had recommended her
husband James to help her with the work stress she was going through and also advised him to
meet a therapist regarding the same.
I have stayed as neighbours of the family for over 6 years and I can say with certainty that the
guilt of ruining her own brother-in-law’s business, when he thought of her as his own sister
affected her so much that she decided to take her own life.
I am Regina S Paul, and both the accused persons are my siblings. I am the eldest in the family
and since we grew up without a mother, I used to take care of both my twin baby brothers and
they used to share everything with me. Larry had taken a huge loan and started his new metal
refining plant. He expressed to both me and James how much of a difficult market it is to enter
into because of the already existing big players. James and I offered our full support to him and
told him we would have his back, so when Cynthia published the fake article, Larry couldn’t
take it and broke down crying to me. The actual truth of the matter was Larry had acquired
prior permissions for setting up the factory and Cynthia had actually been referred to publish
the article by a rival competitor. They had given fake news to Cynthia about how Larry’s
establishment was leading to the deaths of innocent children however, Cynthia without
verifying the facts of it, simply published the news leading to Larry’s employees going on an
indefinite strike and him being forced to close down the factory. On the date of the incident,
Larry came to my house in his car around 8:30 pm for dinner and stayed for quite a while.
James would never hurt his wife that he married so lovingly, and he himself has fake news
about his alleged affairs going around. On a whole, my brothers are not the kind to take revenge
by murder and they grew up from a home of suffering and would never let their daughter /
niece go through the same childhood they did without a mother.