N. B. T.

Law College, Nashik

16th Late Adv. D. T. Jaibhave Memorial National

Moot-Trial and Judgement Writing Compitition,
2023-24

Memorial Concerning Problem No. 1

BEFORE

THE HON’BLE COURT OF SESSIONS JUDGE , AT

DHARASHIV.

Criminal case. NO. 116/2024

In the matter of

Mr. Shivraj Mr.Nikhil

S/o Namdev Mane S/o Satish Shandage
V/S

Defendent The State of Maharashtra

Memorial Submitted By
Counsel On Behalf of The Defendent.
Contents:-
P.NO.

1. LIST OF ABBREVIATION ____________________ 03

2. INDEX OF AUTHORITIES ___________________ 04

a. BOOKS AND COMMENTARIES REFERRED ____ 04

b. CASES CITED_____________________________ 05

c. ACT, RULES AND ONLINE SOURCES _________ 06

3. STATEMENT OF JURISDICTION ____________ 07

4. STATEMENT OF CHARGES _____________ 07

5. STATEMENT OF FACTS _____________ 08

6. STATEMENT OF ISSUES ______________ 09

7. SUMMARY OF ARGUMENTS _____________ 10

8. ARGUMENTS ADVANCED _____________ 12-

 ISSUE.1.
 ISSUE.2.
 ISSUE.3.
 ISSUE.4.

9. PRAYER _________________________________ 1

10. VAKALATNAMA___________________________ 1

2
 List of Abbrevation
1. & -And

2. AIR -All India Reporter

3. Art. -Article

4. Cri. -Criminal

5. Cri. L.J./ Cr L.J. -Criminal Law Journal

6. CrPC - Code of Criminal Procedure

7. Etc. - Et cetera

8. Evidence Act -Indian Evidence Act, 1872

9. HC -High Court

10. Hon’ble -Honorable

11. IPC -Indian Penal Code, 1860

12. No. -Number

13. NOC -Notes on cases

14. Ors. -Others

15. p. -Page

16. SC -Supreme Court

17. SCC -Supreme Court Cases

18. SCR -Supreme Court Reports

19. Sec. -Section

20. V/S -Versus

21. Vol. -Volume

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 INDEX OF AUTHORITIES

BOOKS AND COMMENTARIES REFERRED-

1) Indian Penal Code - S.N.MISHRA

2) Criminal Procedure Code - R.V.KELKAR

3) Evidence Law - BATUKLA

4) Jaspal Singh J., Indian Penal Code, 1st Edn. 1998, AIR Publication, Nagpur.

5) Ratanlal and Dhirajlal’s Law of Crimes, Vol I, 25th Edn. Reprint 2004, Bharat Law
House, New Delhi.
6) C D Field, Expert Evidence, 4th Edn. Reprint 2009, Delhi Law House.

7) R A Nelson’s Indian Penal Code, 9th Edn. 2003, LexisNexis Butterworths.

8) Basu’s Code of Criminal procedure, Vol I, 10th Edn. 2007, Ashoka Law House,
New Delhi.
9) Justice V V Raghavan, Law of Crimes, 5th Edn. Reprint 2001, India Law House,
New Delhi.
10) Ratanlal and Dhirajlal, Law of Evidence, 21st Edn. Reprint 2005, Wadhwa and
Company, Nagpur.
11) Basu’s Indian Penal Code (Law of Crimes), Vol I, 9th Edn. Reprint 2004, Ashoka
Law House.
12) J C Smith, Smith and Hogan Criminal Law – Cases and Materials, 8th Edn.
2002,LexisNexis Butterworths.
13) Sarkar’s Commentary on the Law of Evidence, Vol I, 2nd Edn. Reprint 2008,
Dwivedi Publishing Company.
14) Sudipto Sarkar and B R Manohar, Sarkar’s Law of Evidence, Vol II, 16th Edn.
Reprint 2008, Wadhwa and Company, Nagpur.

4
CASES CITED-
1. Shankar v. State of Maharashtra (2007) 11 SCC 359
(https://indiankanoon.org/doc/483762/)
The accused was acquitted under section 307 IPC due to lack of evidence and unreliable
witness testimony.

2. State of Uttar Pradesh v. Dan Singh

(https://indiankanoon.org/doc/1576218/),
The accused was acquitted under section 307 IPC due to lack of evidence.

3. Sohrab v. State of Maharashtra 2012 CriLJ 4235

(https://indiankanoon.org/doc/1744569/),
The accused was acquitted under section 384 IPC as the prosecution failed to
establish the essential elements of the offense.

4. M. Veerabhadra Rao v. State of Andhra Pradesh AIR 1987 SC 452

(https://indiankanoon.org/doc/760804/)
The accused was acquitted under section 384 IPC as the prosecution failed to
prove the charge beyond reasonable doubt.

5. Raj Kumar v. State of Haryana 1999 CriLJ 2947

(https://indiankanoon.org/doc/1312738/)
The accused was acquitted under section 324 IPC due to discrepancies in the
medical evidence.

6. State of Himachal Pradesh v. Jeet Singh 2000 CriLJ 1626

(https://indiankanoon.org/doc/1974751/)
The accused was acquitted under section 324 IPC as the injuries were found to be
simple and not caused by dangerous weapons .

7. Ram Lal v. State of Haryana 2002 CriLJ 358

(https://indiankanoon.org/doc/1955978/)
The accused was acquitted under section 506 IPC due to inconsistencies in the
prosecution's evidence.

8. Mangal Singh v. State of Madhya Pradesh 2012 CriLJ 4234

(https://indiankanoon.org/doc/1744568/)
The accused was acquitted under section 506 IPC as the prosecution witnesses
turned hostile and there was no other corroborative evidence.

9. State of Maharashtra v/s Mandge session case no.35/2023

The accsed are aquitted under section 307, 506 of IPC ,1860 due to the
Witnesses becomes hostile.
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6
STATUTES -
1. The Indian Penal Code,1860

2. The Code Of Criminal Procedure,1974

3. Indian Evedence Act,1872

ONLINE SOURCES -

1. www.manupatra.com

2. www.indiankanoon.com

3. www.indianlegalservice.com

4. www.scconline.com

7
STATEMENT OF JURISDICTION-

The counsel most humbly submits before Hon’ble Session Court that this court has jurisdiction
to try this case , because that the complainant had placed complaint in the Anand Nagar Police
Station , Dharashiv . The above mentioned police station comes under the jurisdiction of the
Hon’ble court , Dharashiv.

STATEMENT OF CHARGES-

Shivraj Mane S/O Namdev Mane has been

charged falsely u/s 307,324,384 & 506 of the IPC,1860 for the crimes of attempt to murder,
voluntary causing hurt by dangerous weapon, extortion & criminal intimidation.

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STATEMENT OF FACTS-

1) Shivraj Mane S/O Namdev Mane along with his family i.e. Wife- Nikita Mane , Son –

Rajveer & Daughter – Sanika has been living at the Tambari Vibhag ,Dharashiv for past

10 years . Sivraj is a calm person & has good relations with everyone in colony. Shivraj

fulfills the needs of the family through the employment.

2) On 8th January 2024 Shivraj goes to work as employment in nikhil’s farm & Nikhil

doesn’t give him the employment that day saying I’ll give you your employment later.

3) After that day Shivraj asks Nikhil for money every day but Nikhil doesn’t pay him

money.

4) On 18th January 2024 evening at 6:00pm Nikhil was shaving before his house , Shivraj

goes to ask Nikhil for money once again as he needs it a lot but, Nikhil abuses and

threaten to beat Shivraj & says go do what you want, I do not give you money .

5) This led to fight between Shivraj and Nikhil . As Nikhil was shaving & had a razor in his

hand. When Shivraj pushed him by the hand , the razor hit the Nikhil on neck.

6) Later people gathered & Nikhil filed a false FIR against Shivraj.

STATEMENT OF ISSUES-

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  ISSUE NO. 1- What was the nature of relationship between Shivaj

& Nikhil prior to the incident, including any history of conflicts or

interactions?

 ISSUE NO.2- whether Shivraj had intent to cause harm to Nikhil?

 ISSUE NO.3- Whether the actions of Shivraj are the result of any

persieved threat from Nikhil?

 ISSUE NO.4- Whether the Shivraj is having any criminal background

or not?

SUMMARY ARGUMENTS-

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 IN THE COURT OF HON'BLE SESSIONS COURT JUDGE

, AT DHARASHIV.

CC.No.116/2024

Mr. Nikhil S/O Satish Shendage

Age: 37 years,
Occ: Agriculturist,
R/O- Tambri Vibhag, Dharashiv,
Tq. Dist: Dharashiv.
…………………..Complainant

V/S

Mr. Shivraj S/O Namdev Mane

Age: 35 years,
Occ: Labour
R/O- Tambri Vibhag,
Dharashiv, Tq. Dist: Dharashiv.
…......………….Defendent

Claim :- HON’BLE Court should acquit the defendant of wrongful charges and
give proper justice...

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 That, the Defendent most humbly begs to submit his say asUnder:

MAY IT PLEASE YOUR HONOUR

I stand before this court today to argue on behalf of the respondent 'Shivraj Mane' in
regards to the incident that took place on 18.01.2024. It is important for us to carefully
scrutinize the facts of the case and the testimonies presented in order to come to a fair
and just conclusion.

 Firstly, it is crucial to note that the respondent 'Shivraj Mane' and the Petitioner
'Nikhil Shandage' were known to each other and were residents of the same
locality. This establishes the fact that there was an existing relationship between
the two individuals. It is highly unlikely that 'Shivraj Mane' would have any reason
to harm 'Nikhil Shandage' without just cause.
 Furthermore, it is evident that the demand of Rs 200/- for consuming liquor was
made by 'Shivraj Mane'. However, it is important to consider the circumstances in
which this demand was made. It is plausible that 'Shivraj Mane' may have been in
a state of distress or desperation, and thus made the demand out of necessity
rather than with malicious intent.
 Moreover, the refusal of 'Nikhil Shandage' to pay the money led to 'Shivraj Mane'
becoming annoyed and abusing 'Nikhil Shandage'. It is essential to remember that
'Shivraj Mane' had no prior history of violence or aggression towards 'Nikhil
Shandage' or anyone else in the locality. This sudden burst of anger and verbal
abuse can be attributed to a momentary lapse in judgment rather than a
premeditated act.

The incident itself occurred while 'Nikhil Shandage' was washing his hands and
face in front of his house. 'Shivraj Mane' inflicted a blow with a sharp razor on
'Nikhil Shandage's neck, causing a bleeding injury. However, it is important to
emphasize that there is no evidence to suggest that 'Shivraj Mane' had any
intention to cause severe harm or to endanger 'Nikhil Shandage's life. This could
have been an unfortunate accident in the heat of the moment.

 Lastly, it is worth noting that the accused was apprehended immediately after the
incident by the people present at the scene. This shows 'Shivraj Mane's lack of
intent to flee or evade responsibility for his actions. 'Shivraj Mane' did not attempt
to resist arrest or show any signs of guilt. This behavior is indicative of someone
who may have acted impulsively and without premeditation.

In light of these facts and arguments, I urge this court to consider the possibility that
'Shivraj Mane' may not be guilty of the charges brought against him. I request a fair &
unbiased examination of the evidence and testimonies presented in order to ensure
justice is served in this case.

Thank you, Your Honor, for your time and attention.

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PRAYER –

Wherefore, in light of the facts of the case , issues raised, argument advanced ; this Hon’ble Court may be
pleased to :
Find that
A. The accused Mr. Shivraj Mane have not committed any offence u/s 307, 324, 384 & 506
of IPC,1860.

And pass any other order that it may deem fit in the ends of justice, equity & good conscience. All of
which is respectfully submitted.

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 Verification

I, Shivraj Mane S/O Namdev Mane, Age 37 years Occ:Labour R/o.Tambri Vibhag , ,Dharashiv Tq&Dist
- Dharashiv, do hereby state on oath that, the contents of above say are true and correct to the best of my
knowledge and belief and same are explained to me in my mother tongue, Marathi hence verified
today at Dharashiv.

Accused/ Defendent

Place: Dharashiv Date

: 23/02/2024

Shivraj Namdev Mane

Through,
Adv. Yash B. Chavan
(Advocate for Respondent/Accused)

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 Sanad No. G/03/2014

Yash B. Chavan (Advocate)

Address:-S.T.Colony, Dharashiv. PinCode: 413501

Mo. No. 7622212810

Gmail:-yashraj374614@gmail.com

VAKALATNAMA

IN THE COURT OF HON’BLE DISTRICT & SESSIONS

COURT, AT DHARASHIV.

CRIMINAL CASE NO.116 OF 2024.

COMPLAINANT :- Mr. Nikhil Satish Shandage.

V/S

DEFENDANT :- Mr. Shivraj Namdev Mane.

I/We Mr. Shivraj Mane, S/o. Namdev Mane, R/o. of TambriVibhag,

Dharashiv. Tq.Dist. Dharashiv,Mob No :7796895723.

Above named Mr. Shivraj Namdev Mane do hereby appoint and

authorize
Mr. Yash B. Chavan , B.A, LL.B, ADVOCATE of Bar Council
of India. MO.NO. 9604895723 to act, appear and plead for me/us in the
above matter with authority to refer the matter to arbitration, to
compromise or to withdraw the same from the court.

I/We further declare that I/We shall inquire with the advocate
about every adjournment that may be granted by the court and shall
remain present on every occasion in the court when my/our presence will

15
 be necessary looking to the circumstances of the case and it shall be none
of your duty to inform the same to me/us. I/We shall be responsible, if,
I/We fail to remain present as and when required in the matter.

IN WITNESS WHEREOF I/WE SET MY/OUR HAND ON THIS

23 DAYOF JANUARY 2024.
I am member of Lawyers Welfare Fund and number thereof is No.
S.R.S.R. 58964. DATE.28/12/2014. ENROLMENT NO.278563

ACCEPTED
SIGNATURE
Yashchavan

ADVOCATE FOR
Mr. Shivraj Namdev Mane.

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