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Nyayaneeti Proposition

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Nyayaneeti Proposition

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rajesh223987
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Symbiosis Centre for Advocacy Skills and Litigation

presents
Trial Advocacy Competition
2025

NYAYANEETI: BEYOND
REASONABLE DOUBT

PROPOSITION
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

TABLE OF INDEX

Sr. No. TITLE Pg. No.


1. FACT SHEET 2
2. FIRST INFORMATION REPORT 3-5
3. INQUEST REPORT 6-8
4. SPOT PANCHNAMA 9-10
5. WEAPON QUERY REPORT 11-13
6. POSTMORTEM REPORT 14-18
7. SEIZURE REPORT 19-20
8. WITNESS STATEMENTS 21-23

Note:
1. For the purpose of this competition, the prosecution and defense will fight only for prosecuting
and defending Accused 2, respectively.
2. All the laws, rules, regulations, bye-laws etc. of the State of Mahanagar are in pari-materia with
laws of Maharashtra and India.
3. The teams are not allowed to produce anything beyond this proposition.

1
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

State of Mahanagar
v.
Vinod and 2 ors1

Statement of Facts
1. Vinod, Abhay, and Sushil (Accused 1, 2, and 3 respectively) are close friends residing in
the village of Pehelwanpur and were often seen together. Dinkar was also a resident of the
same village and a neighbour of Vinod. There was a dispute between the families of Vinod
and Dinkar over a common boundary wall. There used to be constant quarrel between the
family members of Vinod and Dinkar.
2. On the evening of 15th August 2025, around 7 pm, a verbal altercation erupted between
Vinod and Dinkar in front of the Kirana Shop of Premchand. The quarrel turned ugly with
tempers flaring and death threats being hurled by both Vinod and Dinkar, where Vinod was
heard shouting towards Dinkar, “You have been a thorn in our side for too long, I’m going
to finish you once and for all”. Similarly, Dinkar was heard shouting to Vinod, “How will
you finish me when I am going to take care of you long before that?”.
3. The members of the public intervened in the quarrel and calmed both parties down, after
which both parties left their own way. At around 10 pm Vinod, Abhay, and Sushil
congregated in an abandoned building on the opposite lane of the shop of Premchand. The
accused sat in the said abandoned building and started drinking. They stayed there for some
time.
4. Around 10:30 pm, Dinkar came to Premchand’s shop to buy some tomatoes, bhel, onions,
and a knife. Without much conversation, he proceeded on the highway towards Namwar
Dam (Hereinafter referred to as Dam), which is 10 km away, and is a renowned spot for
drunkards. The accused also proceeded towards the same dam in tow with Dinkar.
5. At about 3:30 am on 16/08/2025, the police received an anonymous call that a dead body
had been found near the Dam. The police reached the spot of the incident at around 4 am
and noticed the body of Dinkar in a supine position, with a stab wound on his chest and
multiple abrasion wounds on his body.
6. The accused were arrested on 17/08/2025 during the course of an investigation by the police.

1
This proposition is drafted by Adv. Ghanshyam D. Dani, Partner at Dani & Associates. Any attempt to reach out and/or
communicate with the proposition framer by any participant, directly or indirectly, in connection with the trial advocacy competition
will lead to immediate disqualification.
2
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

FIRST INFORMATION REPORT


(Under Section 173 B.N.S.S)

1. District: Pehelwanpur Police Station: Pehelwanpur


F.I.R. No.: 581 Year: 2025
Date and Time of FIR: 16/08/2025
2.

S.No. ACTS SECTIONS


1 Bharatiya Nyaya Sanhita, 2023 103, 3(5)

2 Arms Act 4, 25

3.
(a) Occurrence of Offence:
Day:
Date From: 15/08/2025
Date To: 16/08/2025

Time Period:
Time From: 11:00 PM
Time To: 7:30 AM

(a) Information received at Police Station


Date: 16/08/2025 Time: 3:30 am

(b) General Diary Reference:


Entry No(s): 101/2025

4. Type of information: Written

5. Place of occurrence: NAMWAR DAM


(a) Direction and Distance from Police Station:
Beat No. 10 km
(b) Address: Pehelwanpur
(c) In case outside limit of this Police Station, then
Name of P.S: Pehelwanpur
District: Pehelwanpur

3
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

6. Complainant / Informant:
Name: Radheshyam
7. Details of known / suspected / unknown / accused with full particulars: Unknown

8. Reasons for delay in reporting by the complainant / Informant: No Delay

9. Particulars of properties stolen / involved: Nil

10. Total value of the properties stole / involved:

11. Inquest Report /U.D. Case No., if any: Inquest conducted and forwarded to District
Gene

12. F.I.R. Contents: I, PSI Radheshyam, am attached to police station Pehelwanpur, state as
follows: On 16/08/25, at around 3:30 am, we received an anonymous information on the
police station landline that a dead body was lying in an open field near the Namwar Dam,
at the spot where drunkards usually congregate to drink alcohol. I, along with Police
Constable Shyam and Ram, proceeded in a government-issued police vehicle to the spot, and
after conducting a search, we discovered a dead body with a visible stab wound on the chest.
We conducted spot Panchnama and inquest of the body. Thereafter the body was handed
over to Police Constable Ram to be taken to the District General Hospital for Post
Mortem Examination.
Police Constable Shyam and I returned to the police station and consequently I am now
giving my report regarding the said incident.

13. Action taken: Since the above report reveals commission of offence (s) u/s as
mentioned at Item No. 2,
1. Registered the case and took up the investigation
2. Directed (Name of the I.O): Radheshyam
Rank: Police Sub Inspector
to take up the investigation
3. Transferred to P.S.
District on point of jurisdiction. NA

4
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

F.I.R. read over to the complainant / Informant, admitted to be correctly


recorded and copy given to the Complainant / Informant free of cost.

14. Signature/ Thumb Impression of the Complainant/ Informant: SD/-

15. Date & time of dispatch to the court: 16/08/2025

SD/-
Signature of the Officer-in-charge, Police Station
Name: Azad Khan Farzan
Rank: Police Head Constable

5
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

INQUEST REPORT
(Under Section 194 BNSS, 2023)

To,
The Medical Officer,
District General Hospital,
From: Police Sub Inspector, Police Station Pehelwanpur

Subject: Regarding conducting post-mortem examination of the deceased and obtaining an


opinion
Q.No. Question Answer/Details
1 Full name of the deceased Dinkar
2 Age of the deceased 37 years
3 Marital status of the deceased Married
4 Date and time of death 16/08/2025, before 4 am
Condition and position of the
body at the time it was found, Found lying on the back with
5 surrounding circumstances, and stab wound on the chest and
details of any visible assault, blood stains on clothes and body
bloodstains, or vomit
Date and time when the
6 16/08/2025, before 4:15 am
reporting officer saw the body
Was the body cold or warm
7 Cool but not fully cold
when found?
Was the deceased suffering
8 from any illness recently? If NA
yes, specify.
Had the deceased met with any
accident, sustained any injury,
9 Assault
or been assaulted? If yes,
provide details.
If clothes, weapons, substances
10 NA
found with vomit, or other

6
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

Q.No. Question Answer/Details


articles have been sent, specify
reason and connection to the
case.
If there is suspicion that the
death was due to natural causes,
11 Homicide
accident, suicide, or homicide,
mention briefly.
Is there any suspicion
of poisoning? If yes,
12 No
mention the suspected
poison.
In case of a female,
does it appear that she
13 was pregnant or had NA
recently delivered a
child?
Was abortion carried
out or attempted? If
14 NA
yes, give details or
suspicion.
If available, mention
the findings of the jury
15 (if applicable) and NA
reasons for such
conclusions.
Any other relevant
facts not covered
above, but in the
16 opinion of the Nil
police/panch
witnesses/other
officers, necessary for

7
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

Q.No. Question Answer/Details


medical opinion.

Body Handed over to Police Constable Ram for carrying to District General Hospital for
Conducting Post Mortem

8
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

SPOT PANCHNAMA

Date: 16/08/2025

Time of commencement: 4:00 am


Police Station: Pehelwanpur
District: Pehelwanpur
FIR No.: 581/2025

I, the Undersigned Police Sub‑Inspector Radheshyam, attached to Pehelwanpur Police Station,


upon receipt of anonymous information on the Police Station landline at 3:30 am regarding the
presence of a dead body in an open field near the Namwar Dam. We immediately proceeded
from the police station at 3:30 am in a Government issued Police Vehicle along with Police
Constables Ram and Shyam.

Upon reaching the vicinity of the spot at about 03:55 am, two nearby residents who were
present in the locality were requested to act as Panch witnesses for preparation of the spot
panchanama. They voluntarily consented. Their particulars are as under:

1. Panch Witness No.1: Arun


Resident of Pehelwanpur

2. Panch Witness No.2: Varun


Resident of Pehelwanpur

Description of the Spot.


After searching for some time, we found the dead body at 4:10 am. The spot of murder is an
open field adjoining the Dam area, situated at a distance of about 10 km from Pehelwanpur
Village. It is accessible by a “kachha path” and is generally used by groups of persons for
consuming alcohol at night. The ground is uneven, with sparse shrubs and dry grass.
Condition of the Deceased and Surroundings.
A male person, identified as Dinkar by one of the Panchas, was found lying on his back. The
deceased was wearing a black shirt and blue jeans. The shirt and front chest region were soaked
in blood. A visible stab wound was present on the chest. The nearby ground showed slight
disturbance of grass, consistent with movement.

9
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

The following rough hand-drawn map of the scene is prepared and incorporated
herein to accurately indicate the relative position of the body and surrounding feature:

The observations recorded in this panchanama were read over aloud to the panch witnesses
who admitted the same to be correctly recorded.

The spot panchanama was commenced at 4 am and concluded at 5 am on 16/08/2025.

Signatures:

Police Sub‑Inspector (Investigating Officer): Radheshyam SD/-


Police Constable: Shyam SD/-
Police Constable: Ram SD/-
Panch Witness No.1: Arun SD/-
Panch Witness No.2: Varun SD/-

10
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

EXAMINATION OF THE WEAPON IN CASES OF INJURIES

To,

The Investigation Officer, Pehelwanpur Police Station


Refrence 1) Your Letter No 001/2025 Dated: 19/08/2025

With reference to the above letter I am sending the report about weapon received in packed, sealed
envelope, labelled as Mal No. 1/2025

Brought By Police Constable Ram Police Station Pehelwanpur

Name of Weapon: Knife

Kind of Weapon: Sharp hunting knife with dual edge.

Nature Of Weapon: Dangerous weapon

Description of the weapon:

Is of: Stainless Steel Texture: Smooth

Blade Length: 6 inch Breadth: 1.5 inches


Thickness: 0.2 cm Tip: Sharp

Joint Type: Fixed: Handle fixed with blade with three metallic screw

Handle is of: Wooden Texture: Smooth

Length: 4 inches Breadth: 1.5 inches


Stain or Foreign Body on weapon: Dust, reddish brown sticky liquid
Opinion: Stab Injury internal Damage mentioned in Column No. 17 is possible by above examined
weapon.

Signature: SD/-

Medical Officer at District General Hospital

11
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

EXAMINATION OF THE WEAPON IN CASES OF INJURIES


To,

The Investigation Officer, Pehelwanpur Police Station

Reference 1) Your Letter No 002/2025 Dated: 20/08/2025

With reference to the above letter I am sending the report about weapon received in packed, sealed
envelope, labelled as Mal No. 2/2025 Brought By Police Constable Ram

Police Station Pehelwanpur.

Name of Weapon: Knife

Kind of Weapon: Sharp cutting weapon, commonly used in kitchen, with edge only on one side.

Nature Of Weapon: Dangerous weapon

Description of the weapon:

Is of: Stainless Steel Texture: Smooth

Length: 8 inches

Breadth: 2 inches

Thickness: 0.2 cm on the side with edge and 0.5 cm on the blunt side

Tip: Sharp

Joint Type: Fixed

Handle is of: Plastic coated with rubber Texture: Grippy

Length: 4 inches Breadth: 1inches Blade is embedded inside the


handle
Stain Foreign Body: Dirt and reddish liquid on the blade, dirt on the handle.

12
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

Opinion: Stab Injury with internal Damage mention in Column No. 17 is possible
by above examined weapon.

Signature: SD/-

Medical Officer at District General Hospital

13
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

POSTMORTEM REPORT

Section Q. No. / Point Details / Findings


I. General
1. By whom was the corpse sent? PS Pehelwanpur
Particulars
(b) Name of place from which sent PS Pehelwanpur
(c) Distance of place —
2. By whom was the corpse brought? Police Constable Ram
3. By whom identified? Binkar (Brother of Deceased)
4. Date, hour and minute of receipt 16/08/2025, 06:00 hrs
(a) Beginning of post-mortem 16/08/2025, 07:00 hrs
(b) Ending of post-mortem 16/08/2025, 07:30 hrs
As per police inquest and
requisition, death on
5. Substance of accompanying report
16/08/2025 before 4 am.
History of homicide.
6. If not examined at Dispensary or Hospital

(a) Place where examined: —
(b) Distance from Dispensary or Hospital: —
(c) Reason: —

II. External
Sex, apparent age, race Male, 37 years
Examination
Black shirt, blue jeans, black
Clothes
undergarment
Shirt torn at back, jeans torn
7. Condition of clothes at glutes, soiled with blood
stains
8. Special marks on the skin such as scars, Nil
tattooing etc., any malformations
peculiarities, or other marks of
identification. State of the teeth.

14
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

Section Q. No. / Point Details / Findings


In newly born infants, the length and NA
(if possible), the weight of the body to be
recorded together with the state
of the hair, nails and umbilical cord, its
length, whether placenta is attached or not,
if present, its size and condition.

9. Condition of body Whether well-nourished,


thin or emaciated, warm or cold Cold

10. Rigor mortis - Well marked, slight or


absent; whether present in the whole body or
Present, generalized
part only.

11. Extent and signs of decomposition,


presence post- mortem lividity of buttocks,
No decomposition. Lividity
loins, back and thighs or any other part.
over back & buttocks except
Whether bullae present and the nature of their
pressure points.
contained fluid. Condition of the cuticle

12. Features – Whether natural or swollen,


state of eyes, position of tongue: nature of
Normal; mouth partially
fluid (if any) oozing from mouth, nostrils or
open; tongue inside
ears

13. Condition of skin – Marks of blood etc.


In suspected drowning the presence or
Blood present on skin
absence of cutis anserine to be noted.

14. Injuries to external genitals. Indication of


NA
purging

15
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

Section Q. No. / Point Details / Findings

15. Position of limbs – Especially of arms and


of fingers in suspected drowning the presence Upper limbs flexed, lower
or absence of sand or earth within nails or on limbs extended
the skin of hads and feet

16.Surface wounds & injuries – Their nature,


position, dimensions (measured) and
directions to be accurately stated – their
probable causes to be noted.
If bruises be present what is the condition of
Detailed in Point 17 (see
the subcutaneous tissues?
below)
(N.B. When injuries are numerous and can not
be mentioned within the space available they
should be mentioned on a separate paper
which should be signed.)

17.Other injuries discovered by external


examination or palpitation as fractures etc.
None

Can you say definitely that the injuries shown Injury at Sr. No. 1 is ante-
against serial nos. 17 and 18 are ante mortem mortem. Injuries at Sr. No. 2-5
injuries? are post mortem

III. Internal
18. Head:
Examination
Injuries under the scalp and their nature No abnormal injuries noted
Skull – Vault and base Skull and vault intact
Brain No abnormal injuries noted

16
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

Section Q. No. / Point Details / Findings


(a) intact
(a) Walls/ribs/cartilage:
(b) effused
(b) Pleura:
(c) intact
(c) Larynx/trachea/bronchi:
(d) Intact
(d) Right lung:
19. Thorax (e) Punctures, with blood
(e) Left lung:
inside lung
(f) Pericardium:
(f) Intact
(g) Heart:
(g) intact
(h) Large vessels:
(h) Intact
Walls: Intact;
20. Abdomen
Peritoneum Cavity: No free fluid
Buccal cavity, teeth, tongue Mucosa congested
Esophagus Mucosa congested
500 cc yellow semi-digested
Stomach & contents
food
Small & large intestine: Gased
Intestines
and feces present
Liver (with weight) & gall bladder Congested
Pancreas, suprarenals Congested
Spleen with weight Congested
Kidneys with weight Congested
Bladder Empty
Organs of Generation Congested
Additional remarks with where possible,
medical officer’s deductions from the state of
the contents of stomach as to time of death and
last meal.
Viscera Not preserved
State which viscera (if any) have been
retained for chemical examination and also
quote the numbers on the bottles containing
the same.

17
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

Section Q. No. / Point Details / Findings


21. Spine & Spinal Cord Intact
Whether the ante-mortem injuries found on
22(a) the dead body were sufficient in the ordinary Yes
course of nature to cause death?

If yes, which of the injuries were individually Injury No. 1 of Point 17 &
22(b). sufficient in the ordinary course of nature to cause
corresponding internal injury
death
Opinion on cause of death Drowning

Point 17:
1. Incised wound, 5 inches deep, 2 inches long, 0.4 cm wide, elliptical, clean regular edges
2. Abrasion wound 9 inches in length and 5 inches in width on each buttock
3. Abrasion wound 11 inches in length and 3 inches in width present on both sides of lower back.
Abrasion wound 3 inches in length & 5 inches in width present on both sides of upper back.

18
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

SEIZURE REPORT
(Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023)

Upon the intention shown by Abhay to confess to the crime and help in seizure of murder
weapon, I, PSI Radheshyam called two respectable persons, i.e. Mukesh & Sukesh from the
vicinity of the Police Station to act as panchas on 19/08/2025 at about 3 pm.

Confessional Statement
I, Abhay, do hereby disclose out of my own free will and without coercion as under:
On 15/08/2025 Vinod met me and Sushil around 10 pm and we started drinking opposite the
shop of Premchand. Vinod was ranting about his quarrel with Dinkar. After some time, we saw
Dinkar proceeding towards Namwar Dam. Vinod proposed to end his quarrel with the deceased
once and for all by killing him. We were all a little drunk and riled up, so I, Vinod and Sushil
followed Dinkar to the dam, and after the other drunkards left from the dam, we cornered Dinkar
where I held Dinkar at knife point, and Vinod by using the knife that he always carries, stabbed
Dinkar in the chest. Thereafter, we all ran towards our motorbike. I saw Vinod throw his knife
on the way and in a panic I also threw the knife before reaching our bike. I am ready to show
you the spot where I threw the knife if you follow me.

Seizure Panchnama
As per the statement of the Abhay, I, the undersigned, Radheshyam, Police Sub-Inspector at
Pehelwanpur Police Station, along with Police Constables Ram and Shyam, the driver of the
police vehicle Abdul and the two panchas i.e., Mukesh & Sukesh proceeded in the police issued
vehicle to Namwar Dam as per the directions provided by Abhay. Upon reaching the Dam,
Abhay showed the spot where the accused persons stabbed the Dinkar. Thereafter, Abhay took
us Eastward from the place of murder, and about 30 feet away Abhay pointed at the knife that
was laying on the ground. Abhay picked up the said knife and confirmed that it is the same
knife that was used by him to hold Dinkar at knife point.

Property found at the spot (ABHAY):


A. One knife with edge on one side.
The said knife was seized using due care, placed in a suitable waterproof packet, sealed, and
labelled as Mal No. 2/2025. The paper label was signed by PSI Radheshyam, Abhay and both
panch witnesses i.e. Mukesh & Sukesh. The panchnama was concluded at 8 pm on 19/08/2025

19
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

. SEIZURE REPORT
(Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023)

Upon the intention shown by the Vinod to confess to the crime and help in seizure of murder
weapon, I PSI Radheshyam called two respectable persons, i.e. Mukesh & Sukesh from the
vicinity of the Police Station to act as panchas on 18/08/2025 at about 3 pm.

Confessional Statement
I, Vinod do hereby disclose out of my own free will and without coercion as under:
On 15/08/2025 I had a quarrel with the deceased over the long standing dispute regarding the
common boundary wall of our house. I was very angry at the deceased so I met with my friends
Abhay & Sushil and proceeded to drink with them and rant about my grievance with Dinkar.
After some time we saw Dinkar proceeding towards Namwar Dam and I, Abhay and Sushil
hatched the plan to finally kill Dinkar and solve my problems once and for all. Accordingly, I,
Abhay and Sushil followed Dinkar to Namwar Dam and after the other drunkards left from the
dam we cornered Dinkar and by using the knife that I always carry, I stabbed Dinkar in the
chest. In a panic, I threw the knife close to where we killed Dinkar and ran away to our homes
on our motorcycle. I am ready to show you the spot where I threw the knife if you follow me.

Seizure Panchnama
As per the statement of the Vinod, I, the undersigned, Radheshyam, Police Sub- Inspector at
Pehelwanpur Police Station, along with Police Constables Ram and Shyam, the driver of the
police vehicle Abdul and the two panchas i.e. Mukesh & Sukesh proceeded in the police issued
vehicle to the Namwar Dam as per the directions provided by Vinod. Upon reaching the Dam,
Vinod showed the spot where the accused persons stabbed Dinkar. Thereafter, Vinod took us
Eastward from the place of murder and about 20 feet away Vinod pointed at knife that was
laying on the ground. Vinod picked up the said knife having a dual edge and confirmed that it is
the same knife that was used by him to kill Dinkar.

Property found at the spot (Vinod):


A. One knife with dual edge.
The said knife was seized using due care, placed in a suitable waterproof packet, sealed, and
labelled as Mal No. 1/2025. The paper label was signed by the Investigation Officer, Vinod
and both panch witnesses.

20
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A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

WITNESS STATEMENTS

PW1 – Shopkeeper Premchand


I run a small Kirana shop in Pehelwanpur village, I know Vinod and Dinkar as they reside in
the same village. On the day it happened, around 7 in the evening, I saw Vinod and Dinkar
standing near my shop, arguing loudly. Both of them were saying angry things and even
threatening each other. I heard Vinod threatening Dinkar by saying “You have been a thorn in
our side for too long, I’m going to finish you once and for all”. Similarly, Dinkar shouted,
“How will you finish me when I am going to take care of you long before that?”. When the
altercation between Dinkar and Vinod started heating up, the people in the vicinity intervened
and separated Dinkar and Vinod. Thereafter both went off in different directions. Later that
night, around 10 pm Vinod, Abhay and Sushil came to the abandoned building opposite my
shop and I saw them drinking liquor and enjoying among themselves. At around 10:30 pm,
Dinkar came to my shop and he bought bhel, some tomatoes, onions, and one kitchen knife —
a regular sharp knife we sell for cutting groceries.

Thereafter, Dinkar left on his bike towards the Dam, which is where people often go at night
to drink. A few minutes later, I saw the three accused proceeding in the same direction. I can’t
say if they were following him or just going that way by themselves.

Note: This statement is recorded under Section 180 BNSS.

PW2 – Dr. Siddharth Sharma (Medical Officer)


I am Siddharth Sharma, Medical Officer attached to the Shri District Hospital. On 16/08/2025,
the body of Dinkar was brought to the hospital, and I was asked to conduct post mortem. I
started post mortem at around 7:00 AM. I found that the body bore a single, penetrating stab
wound to the left side of the chest, measuring approximately 2.5 cm in width and 7 cm in depth.
The wound edges were clean and regular, consistent with a sharp pointed weapon. There were
also multiple abrasions on the back of the deceased, which could have been sustained from the
deceased being dragged after his death. In my professional opinion, the injury to the chest was
sufficient in the ordinary course of nature to cause death.

A few days later on 19/08/2025, the police sent me a knife and asked me to examine in the case
of murder of Dinkar. On 20/08/2025 I was again given a knife by the police to examine in the
case of murder of Dinkar. I prepared the weapon examination report and sent it to the police. I
concluded that both the weapons could have inflicted the wounds found on Dinkar.

Note: This statement is recorded under Section 180 BNSS.

21
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

PW-3 Radheshyam
I PSI Radheshyam, am attached to police station Pehelwanpur. We received anonymous
information on landline number of Police Station on 16/08/2025 around 3:30 am that there is
a dead body in an open field near the dam at the spot where drunkards usually congregate to
drink alcohol. I along with Police Constable Shyam and Ram proceeded in Government issued
police vehicle at the spot and after some search we discovered a dead body, with a visible stab
wound on the chest at around 4:15 am on 16/08/2025.
We conducted spot Panchama and inquest of the body. Thereafter the body was handed over
to Police Constable Ram to carry it to District General Hospital for having Post Mortem
Conducted. Later on the body was identified as Dinkar by Dinkar’s brother.
Thereafter I proceeded towards Police Station Pehelwanpur and lodged report on the basis of
which the FIR in present case was registered. I was immediately handed over the investigation
in the case as well.
On 16/08/2025 and 17/08/2025, I recorded the statements of people of the village and on the
basis of the same I got strong suspicion that the crime was committed by Abay, Vinod and
Sushil. Accordingly I arrested them on 17/08/2025. I secured the Police Custody Remand of
the 3 accused for 5 days from the nearest Magistrate.
On 18/08/2025, Vinod expressed his desire to confess to the crime. Accordingly, I called two
independent persons from the locality to act as panchas and witness the confession of Vinod.
During the confession, Vinod informed that he is ready to the location of the knife which was
used by him to murder Dinkar. Accordingly, we proceeded to the spot directed by Vinod,
which was near the crime spot. Vinod, helped in recovery of the knife used by him in the said
crime.
Similarly on 19/08/2025, Abhay also confessed to the crime in front of panchas and in a
similar manner helped in recovery of the knife used by him in the crime. I sent the said knives
for examination and got the conclusion from the doctor that both the knives were capable of
causing injuries found on the body of Dinkar. The material collected by me, being sufficient
to put the accused persons through trial, I filed the Chargesheet against them.

Note: This statement is recorded under Section 180 BNSS.

22
Symbiosis Law School, Nagpur
A Constituent of Symbiosis International (DEEMED UNIVERSITY), Pune
Re-accredited by NAAC with "A++" Grade Awarded Category - I by UGC

DW1 – Sukhbir Das


My name is Sukhbir Das, a farmer by occupation, residing in Pehelwanpur village for over four
decades. I knew the deceased, Dinkar, since his childhood. He was known in the village for his
quarrelsome and aggressive nature, especially when under the influence of alcohol, which was
frequent. He had disputes with several villagers over matters like unpaid loans, grazing rights,
and farm boundaries. On multiple occasions, I had seen him threaten people, sometimes
brandishing a stick or other objects, though no one took his words very seriously because this
was his habit. I am aware that Dinkar had quarrels not only with Vinod but also with other
individuals.

Note: This statement is recorded under Section 180 BNSS.

DW2 – Samar Malik, Friend of the Accused


My name is Samar Malik, and I live along the main road from Pehelwanpur village to the dam.
On the night of 15/08/2025, Vinod, Abhay and Sushil came to my house at what I recall was
around 11:00 PM, though I admit I had already been drinking before they arrived, so the exact
time could be slightly earlier or later. They brought more liquor, and we sat together talking
and eating food. We drank till 2:30 AM, by which time I was heavily intoxicated and fell asleep
on the sofa. The accused were still present in the hall at that time. When I woke up around 4:00
AM, I saw them still lying in the same hall, apparently asleep. I have known them as friends for
many years and have never seen them involved in violence.

Note: This statement is recorded under Section 180 BNSS.

DW3: Kabir Kumar, Namwar Dam Guard (Statement under Section 180 BNSS not
recorded)
My name is Kabir Kumar, and I am employed as a security guard at the Dam. On the night of
15/08/2025, while on my routine rounds between 11:30 PM and midnight, I noticed the
deceased, Dinkar, arrive on a motorbike. He appeared to be looking around, as if searching for
someone. There were several small groups of people sitting and drinking nearby, but none
seemed to be interacting directly with Dinkar at that moment. Thereafter, I left for my guard

post. At about 3:30 AM on 16/08/2025, while patrolling the area near the far side of the dam,
I discovered Dinkar’s body lying on the ground with a visible stab wound to the chest. Nobody
else was around at the time.

I called the police from a Phone Booth nearby. I was afraid that I would be blamed for the death
of Dinkar that is why I did not come forward to the police officers during investigation.

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