SAVEETHA SCHOOL OF LAW DECENNIAL YEAR · 2019. 7. 2. · 2ND JUS LEX NATIONAL TRIAL ADVOCACY COMPETITION - 2019 SAVEETHA SCHOOL OF LAW – DECENNIAL YEAR 3 BRIEF FACTS OF THE CASE

SAVEETHA SCHOOL OF LAW – DECENNIAL YEAR

____________________________________________________________________________

2ND JUS LEX, NATIONAL TRIAL ADVOCACY COMPETITION, 2019

August 16th – 18th 2019

TRIAL PROBLEM

ORGANISED BY

SAVEETHA SCHOOL OF LAW,

SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES

(SIMATS), CHENNAI

2ND JUS LEX NATIONAL TRIAL ADVOCACY COMPETITION - 2019


2

2ND JUS LEX, NATIONAL TRIAL ADVOCACY COMPETITION, 2019

In the court of the Principal Sessions Judge,

Agharam, Kaveri

S.C. No. 1994 of 2019

State of Kaveri

V.

Mr. Sanjeev & others



3

BRIEF FACTS OF THE CASE

Alya and Sanjeev’s marriage was solemnised in the city of Agharam, Kaveri.

Alya stayed in her matrimonial home “Sanjeev Villa” and lived happily. While she

was six months pregnant, Alya was forcibly sent back to her parental home on

demand of money. Alya, somehow managed to return to her matrimonial home.

Later Alya and Sanjeev was blessed with a baby girl. As the years passed, the

demand continued and this was accompanied by physical and mental harassment

which led to a lot of unrest in Sanjeev Villa.

On 08/07/2019, few of the neighbours rushed into Sanjeev’s house on hearing

the commotion and loud cry. By seeing the condition of Alya, neighbours helped

Sanjeev to admit his wife to hospital. She was kept in Intensive Care Unit.

Subsequently her condition worsened and doctors announced that there was no hope

for her survival. Subsequently, on the same day, in her Dying Declaration given to

judicial magistrate, Alya told that she was physically abused, made to starve and was

fed only soaked rice and sugared water for bare survival. After few hours, she

breathed her last. First Information Report was registered against husband of

deceased and her In-laws under section 302, section 304B and section 498A of

Dravidian Penal Code, 1860 and Section 4 of The Dowry Prohibition Act, 1961.



4

On the same day Mr. Sanjeev and his parents Mrs. and Mr. Chandran were arrested.

The daughter of the deceased was sent to the Child Protection Home.

The police conducted investigation and recorded statements of several persons

acquainted with the facts and circumstances. On Completion of Investigation,

Investigation Officer forwarded final report to the jurisdictional Magistrate Court.

The court took cognizance; served copies of the final report along with statements

and other documents. The case was committed to the Sessions Court, Agharam,

Kaveri for trial and in compliance with statutory requirements, the following charges

were framed against accused.

A1: Mr. Sanjeev - Section 302, Section 304B, Section 498A, of Dravidian Penal

Code and Section 4 of The Dowry Prohibition Act, 1961.

A2: Mrs. Meena - Section 302, Section 304B, Section 498A, of Dravidian Penal


A3: Mr. Chandran- Section 302, Section 304B, Section 498A, of Dravidian Penal


The case is set for trial on 18/08/2019

THE LAWS OF DRAVIDIAN ARE IN PARI MATERIA WITH THE LAWS OF

INDIA



5

ANNEXURE LIST

Annexure -1 First Information Report

Annexure – 2 Dying Declaration

Annexure – 3 Mental Fitness Certificate

Annexure – 4 Autopsy Report

Annexure – 5 Death Certificate

Annexure – 6 Observation Mahazar

Annexure – 7 Statement under Section 161 CrPC

Annexure – 8 Final Report



6

ANNEXURE - 1

FIRST INFORMATION REPORT

(Under Sec. 154 of Criminal Procedure Code, 1973)

1.District: Agharam Police station: B5 Station, RR Salai Year : 2019

FIR No. 2526/2019 Date: 08-07-2019

2. Act - Dravidian penal code,1860, Sections 302, 304B, 498A &

Dowry Prohibition Act, 1961, Section 4

Occurrence of Offence: 08/07/2019 Time: 9:45 AM

4. Information recorded by: Inspector Ratnavel

5. Type of Information Written/ Oral: Written

6. Place of Occurrence: Direction/Distance from Police station: Government

Hospital, MG Road, Agharam City, Kaveri State - About 2.9 kms east from the

police station. Beat No.05

7. Complaint/Informant Name: Geetha (Deceased’s mother), DoB: 17.09.1963;

Nationality: Dravidian, Passport No: DPN12345X; Date of Issue:22.02.2002; Place

of Issue: Agharam.

8. Basis on which FIR is lodged: 1. Written complaint by Mrs. Geetha

9. Details of known/unknown/Suspected accused with full particulars:

Suspected persons Known Accused – Mr. Sanjeev (Husband) Accused 1;

Mrs. Meena (Mother in law) Accused 2

Mr. Chandran (Father in law) Accused 3;

10. Reason for delay in reporting by the complainant/ informant: No delay

11. Particulars of injuries sustained:

No external injuries found

12. Particulars of Post Mortem Report: NA

13. Post Mortem report done by: NA



7

14. Inquest Report/ Unnatural death case No. If any ………. NA

15. Brief facts of case: Today on 08/07/2019 at 9:45am, I, Ratnavel, Inspector of

Police at B5 Police Station, Crime Branch, when I was on my duty, I received a

complaint given by Mrs. Geetha, wife of Late. Kumar, aged 56. Registered a FIR

No. 2526/2019 U/s 154 of Cr.PC according to the facts of the case. I hereby submit

the details of the above-mentioned complaint: - Sir I, the complainant residing at

Door No. 17/2, Anna Nagar, 2nd avenue, Agharam city, Kaveri State, Phone number

9894091345. My daughter Mrs. Alya was married to Mr. Sanjay according to her

religion and lived happily in her matrimonial home. Within a year of marriage Alya

was forcibly sent to our house on demand of money, where I helped her out initially.

She gave birth to a baby girl. Later her in laws kept on demanding for more which I

couldn’t afford. This morning I was informed that she was admitted to a hospital. I

was shocked to see her since she weighed only half when she was at the time of her

marriage. She gave her last breath after giving Dying Declaration.

16. Action taken (Since the above information reveals commission of offence(s)

u/s as mentioned at item no.2): Mr. Durai Pandian, Rank: Sub- Inspector, has taken

up the investigation.

17. F.I.R. read over to the complainant admitted to be correctly recorded and a copy

given to the complainant free of cost.

18.Sd/- Sd/-

Mrs. Geetha Durai Pandian (Sub Inspector)

19. Date off dispatch to the court - 08/07/2019



8

ANNEXURE - 2

Dying Declaration of Mrs. Alya Sanjeev

Victim name: Mrs. Alya Sanjeev

Age: 28

Venue: Government Hospital, Mount Road, Agharam.

Date – 08/07/2019

Time – 7.45am

I am the judicial magistrate, Agharam, Kaveri. Can you Recognise me: Yes

Did anyone force you to give statement: No

Who is responsible for your current state? - My Husband, and My In-laws

What did they do to you ? I was physically abused, made to starve by giving

only soaked rice and sugared water

Why did they do that ? I was not able to bring the money they wanted

The statement was read over and explained to the victim 1

Sd/-

Sign/ thumb impression of declarant

(Alya Sanjeev)

Mental condition of the Victim: I certify that the declarant was in the state of

mind while making the above statement

Sd/-

Dr. Kanisha

Sd/-

Judicial Magistrate

1 Disclaimer: The Video recording is not attached for competition purpose



9

ANNEXURE - 3

MEDICAL FITNESS CERTIFICATE

(TO BE SIGNED BY A REGISTERED MEDICAL PRACTITIONER

HOLDING A DEGREE NOT BELOW THAT OF M.B.B.S

(TO BE SUBMITTED TO JUDICIAL MAGISTRATE)

I, the undersigned Dr Kanisha, after careful personal examination, certify that

Mrs. Alya Sanjeev aged about 28, is in good mental health and free from any

mental defects, which may interfere with her Statement.

Place – Government Hospital, Agharam

Date – 08/07/2019

Time – 8.10am

Sd/-

Dr. Kanisha



10

ANNEXURE – 4

POST MORTEM REPORT

Regarding the body of a female aged_28_years, named___Mrs. ALYA_______

Requisition received at ___11:00___A.M on _8/07/2019_from the Inspector of

police____Of ___Agharam city___ with his letter number ___PM3021560___

dated __8/07/2019__Body in charge of police constable no. _INCO5080___

named ____Mr. Velraj_______

Identification and caste marks-

1) Mole on the left cheek

2) A scar on the chin

3)

The body was first seen by the undersigned at ____2:00 pm____ on

_____8/07/2019_____

Its condition then was ill built pale in colour and hands, legs were found to be turgid

in nature_

Post mortem commenced at_____2:00 pm_______on______8/07/2019______

Appearances found at the Post Mortem A ill built female body lying on its back.

Rigor Mortis present all four limbs. Eyes are closed. Tooth 32 normal. Ears normal.

Whole body emaciated in appearance. On external examination Following findings

are noted.

1. 3 × 4 cm deep bruises noted in left cheek

2. 4 × 4 cm bruises noted on left clavicle

During internal examination the following findings are observed:

(1) Hyoid bone is intact

(2) Heart is shrunken and shows brown atrophy and chambers are empty

(3) Lungs are pale and collapsed



11

(4) Liver is shrunken due to atrophy

(5) Gall bladder is distended with pile

(6) Spleen is shrunken

(7) Fat is almost completely absent in the subcutaneous

tissue and also in the omentum

(8) Stomach and intestine show atrophy of all coats and

the mucosa stained with bile

(9) The walls of intestine appear like tissue paper with atrophy of mucosa

(10) The bowl contains 50 ml fluid with offensive odour

(11) Both kidneys show shrunken in size

(12) Urinary bladder is empty

(13) Opening the skull, the brain is normal in size, no blood clots

Post mortem concluded at 3.00 p.m. Death occurs during 5-7 hours before post

mortem.

Opinion as to cause of death

A. Reserved pending report of ________________________

B. The deceased would appear to have died of __starvation which causes

circulatory failure due to brown atrophy of the heart

Station: B5, Agharam Name: Dr. Kanisha

Dated: 08.07.2019 Rank: Asst. medical practitioner



12

ANNEXURE – 5

GREATER AGHARAM CORPORATION

DEPARTMENT OF PUBLIC HEALTH

(ISSUED UNDER SECTION 12/17 OF THE REGISTRATION OF BIRTH AND DEATH ACT)

Zone 07 Division 112

Name Alya Sanjeev

Sex Female

Date of Death 08/07/2019

Age 28

Place of death Agharam

Name of mother Mrs. Geetha

Name of father Mr. Kumar

Name of husband/ wife Sanjeev

Address of the deceased at the “Sanjeev Villa” Door no 6,

time of the death Mandi street, Agharam, city,

Kaveri State

Permanent address at the time of the death “Sanjeev Villa” Door no 6

Mandi street, Agharam, city,

Kaveri State

Registration 2019/07/112/123456/0

Date of registration 08-JULY-2019

Date of issue 14-JULY-2018

Dr. Xxxxxxx

City Heath Officer

Greater Agharam Corporation



13

ANNEXURE – 6

OBSERVATION MAHAZAR

City: Agharam Police Station: B5, RR Salai, Crime Branch

1) Crime No.: 2526/2019; Offences Sec.302,304B,498A of Dravidian Penal Code,

and Section 4 of Dowry Prohibition Act.

2) Rank and name of police officer making observation: C.Durai Pandian, Sub-

Inspector of Police,B5, RR Salai, Crime Branch, Agharam city.

3) Name and address of witness

Attesting Witness No. 1

Name: Mrs. Drishti Agarwal, W/o Prasoon, aged 38.

Address: Door No. 5 Mandi Street, Agaram city.

Attesting Witness No. 2

Name: Mrs. Mano, Daughter of Late. Balajinathan, aged 52.

Address: Door No.7 Mandi Street, Agaram city.

4) Place where observations were made:

House of : Mr. Sanjeev, Mrs. Meena, and Mr. Chandran

Residence: Door No.6, “Sanjeev Villa”Mandi Street, Agharam city.

5) Date, Time of making observation : 08/07/2019; 12:30 PM

6) List of observation made:

1. At Sanjeev Villa, we saw an isolated room

2. In that isolated room we observed bowl of soaked rice and packets of sugar

3. There were no widows

4. There were no things other than a single cot

5. There were no fans

6. There were neither lights nor ventilation



14

Statement of the Witnesses/ Panchas

I am Mrs. Mano, Residing at the above-mentioned address, was asked by the

Investigation officer, Durai Pandian, B5 Police Station, RR Salai to be a witness for

the present case. Mrs. Drishti Agarwal, Neighbor of our house was also present while

the Observation was made. Along with the IO, three police constables were also

present. The IO informed us that Mr. Sanjeev and Mrs. and Mr. Chandran is being

suspected for a crime of Dowry death, for on incident happened on 08/07/2019 and

I would observe Sanjeev’s house in front of me. We entered the house and found the

isolated room with no ventilation, there were no other things other than a single cot

and found a bowl of soaked rice and packets of sugar. The inspector along with the

constables observed the entire house. We also observed the same along with the

police

The observation of the above-mentioned started at around 12:30 PM and was

concluded at 1:20 PM. We have verified the contents and endorsed our signature on

this Observation Mahazar.

Sd/- Sd/-

Signed by Witness No. 1 Mr. Durai pandian

(Sub-Inspector)

B5, RR Salai, Crime Branch

Sd/-

Signed by Witness No. 2



15

ANNEXURE – 7

STATEMENTS OF WITNESSES

UNDER SECTION 161 OF CRIMINAL PROCEDURE CODE, 1973

PW-1 Mrs. GEETHA

I am Mrs. Geetha w/o Late Mr. Kumar aged about 56. My daughter Alya was

a beautiful girl. She was a very adjustable character and never complained about

anything and anyone. She treated everyone equally as I had taught her. I fixed her

alliance with Sanjeev. Initially she was happy with her married life. Once Alya was

forcibly sent back on demand of money to my home. Initially I helped Alya, thinking

about her future by transferring the requested amount from all my savings. Alya

somehow managed and returned to her matrimonial home. After few months, we

received a happy message that she was pregnant and my granddaughter was born.

Subsequently I tried to visit my daughter but my son-in-law did not allow me to meet

my daughter. Nevertheless, I frequently visited her place and waited for hours but in

vain.

On 8/07/2019, I got the news about my daughter and I immediately rushed to

the hospital and was shocked to see my daughter as a bag of skeleton wrapped in

skin. Subsequently her dying declaration was recorded and she breathed her last. I

was unable to do anything other than filing a case against people who killed my

daughter. I need justice for my deceased daughter and please give me the custody of

my granddaughter since she’s not an orphan to stay in Child Protection home.



16

PW2 - Kalyani

I am Kalyani, w/o Mr. Guru aged 37. I work as a housemaid in Mr. Sanjeev’s

house for the past two year. I am a single mother with two daughters. My husband

left me after my 2nd daughter’s birth. I'm innocent, I mind my own business and do

not interfere in anyone’s personal matters. I am paid for sweeping and cleaning

Sanjeev Villa. I was restricted from entering Sanjeev Sahib’s room. I rarely saw the

deceased in the house, and it has been like six months since I saw her. I have stated

the facts up to my knowledge. I am the sole breadwinner of my family and please

don’t put me in jail, my daughter’s future will be tarnished.

PW3 - Mrs. MANO

I, am Mrs. Mano, aged 52, residing next to Sanjeev Villa for the past 10 years

and working as a psychologist in Global Hospital and have a clinic at home. I have

an experience of 20 years in this field. I used to hear frequent commotion in their

house for the past few months. Sanjeev and Alya used to keep shouting at each other.

Many a time my son couldn’t concentrate on his studies because of this disturbance.

On my observation Sanjeev was an arrogant and sadistic person who always used to

harass his wife. On this note I called him for a counselling. Alya was forcibly pushed

out of her house on demand for dowry which was witnessed by whole Mandi street.

When I advised Sanjeev, he started scolding me not to interfere in their personal life.

But she was subjected to the continuous torture both physically and mentally by her

in laws. Once I saw Alya’s mother standing near the gate & weeping. Many a time,

I have seen Alya crying alone as she was unable to share her misery with any of her

family members since they were not allowed to meet her.

On 08/07/2019, around 7.30 AM, I heard the outburst of Mr. Sanjeev and I

rushed on hearing the commotion and loud outburst. I was shocked to see Alya

because she was reduced to a bag of bones and immediately, we admitted her to the



17

hospital and subsequently she was kept in Intensive Care Unit. Being a psychologist,

I know the exact mental trauma that Alya have undergone. I can say that this was

the rarest case that I have ever witnessed. Few hours later, I was informed by one of

my colleagues that she breathed her last after giving Dying declaration. Kindly

provide justice for that innocent soul so that no woman undergoes this unfair and

unjust treatment in the future.

PW4 - Dr. Kanisha

I’m Dr. Kanisha, 45 years old, w/o of Dr. Raj Kapoor. I’m working as an

assistant medical practitioner in Government Hospital which is located in Mount

Road, Agharam. I examined the Mental fitness of Mrs. Alya Sanjeev for recording

her final statement and I issued certificate of mental fitness to the Judicial

Magistrate. The dying declaration was recorded in my presence. After, few hours I

announced her death.

Subsequently, I received the requisition for post mortem for the body of a 28-

year-old woman named Mrs. Alya Sanjeev on 08/07/2019 by 11.00 a.m. from Durai

Murugan, Sub-Inspector of Police, B5 Police Station, RR Salai, Agharam city. The

body was first seen by me and I started the post-mortem on the same day at 2.00

p.m. Two identification marks were found on her body i.e. one mole on her left cheek

and a scar on her chin. The ill built body was pale in colour and hands and legs were

found to be turgid in nature. Alya’s body was ill built, where Rigor Mortis were

present in all four limbs. Her Eyes were closed. Tooth and Ears were normal. Whole

body emaciated in appearance. 3 × 4 cm deep bruises noted in left cheek and 4 × 4

cm bruises noted on left clavicle. When internal examination was done it was found

that Hyoid bone was intact. Heart was shrunken and showed brown atrophy and

chambers were empty. Lungs were pale and collapsed. Liver was shrunken due to



18

atrophy. Gall bladder was distended with pile. Spleen was shrunken. Fat was almost

completely absent in the subcutaneous tissue and also in the omentum. Stomach and

intestine show atrophy of all coats and the mucosa stained with bile. The walls of

intestine appear like tissue paper with atrophy of mucosa. The bowl contains 50 ml

fluid with offensive odour. Both kidneys show shrunken in size. Urinary bladder was

empty. Opening the skull, brain was normal in size, no blood clots. I conclude that

the deceased died of food poisoning due to starvation which causes circulatory

failure due to brown atrophy of the heart. I concluded the post mortem by 5.00 p.m.

and the death occurred during 5-7 hours before post mortem.

DW1 - Mr. SANJEEV

I am Sanjeev, s/o Mr. Chandran aged about 34, residing at Sanjeev Villa, Door

no 6 Mandi street, Agharam. I am working in the private sector with decent pay

scale. I live with my parents and my dear wife. I met the love of my life 8 years back.

It was an arranged marriage and we lived happily. My wife was my everything and

in due course of my marriage we were gifted with a beautiful princess and we named

our princess as Sana Sanjeev. I remember once we had financial crisis and as a

support my Alya approached her mother for help. I was thankful to my mother-in -

law for her timely help and later I repaid the same. Post pregnancy, Alya started to

gain weight and she was depressed. We had few disagreements and

misunderstandings in our marriage, but our love remained the same. We never gave

up on each other. On 08/7/19 Alya fainted and I shouted for help. On hearing this

my neighbour Mrs. Mano rushed to my house and helped me to admit Alya to the

hospital. She was kept in ICU and an hour later doctor gave up hopes. My world was

shattered into pieces. My daughter was also left in the Child protection Home like

an orphan. I still wonder why my wife said that my family is the cause of her death.



19

DW2 - Mrs. Meena

I am Meena, aged 72 w/o Mr. Chandran, residing at Sanjeev Villa, Door No

6, Mandi street, Agharam. I live with my husband and my beta Sanjeev. My son was

blessed after many years of my marriage, he was gift in my life. My son is well

educated and works for some foreign company. He is the sole breadwinner of my

family. Later, in his mid-20s, we searched for many matrimonial profiles and finally

got him married to Alya. She was a drama queen and we ended up with fights every

day. She even came empty handed to my family as a curse. We adjusted everything

only for the sake of our grand daughter, since she was the reason for our happiness.

Alya never does any household chores. Inspite of having a severe joint pain, I used

to do all the household works. My son, to reduce my burden, appointed a maid for

cleaning the house.

On 08/07/19 there was as usual, commotion in the house. All of a sudden,

Alya fainted. On hearing the cry for my help, our neighbors helped us to admit Alya

to hospital in ICU. Seeing all these incidents my grand daughter started crying. I was

praying to God for the speedy recovery of my daughter-in-law. Unfortunately, the

doctor announced that there is no hope for her survival. Later I came to know from

my son that Alya accused my family for her death. She made us to face all these

consequences. But let her soul rest in peace.

DW3 - Mr. Chandran

I am Chandran, aged about 78, f/o Sanjeev, Residing at Sanjeev Villa, Door

no 6, Mandi street, Agharam. I am paralyzed since 2015. I have partial eyesight too.

I was given proper care by my family. Alya took special care of me by giving me

the medicines on time. Now no one is there to take care of me like Alya. I do not

know for what reason I have been arrested. I cannot speak more.



20

DW4 - Drishti Agarwal

I am, Drishti Agarwal, aged 46, residing at Door No 5, Mandi street, Agharam.

I am neighbour of Mrs. and Mr. Sanjeev. I am residing here from 2014 and I know

this family since then. Sanjeev was happily living with his wife. Sanjeev’s mother

was so kind to her daughter-in-law and she will do all the household works. On

08/07/2019, I saw Alya was taken to hospital and later came to know that she died

and had accused Sanjeev's family for her death. I do not think the girl died due to

starvation. This is a false allegation given by her. She did not undergo any torture

from her In-laws family. Meenaji’s family prestige have been devastated due to this

insane accusation.

DW5 - Mr. Shyam

I am Shyam, aged 58, I have a shop in Mandi street, I own this shop for the

past 15 years. My shop timing is 10am to 9pm and have a lunch break between

12.30pm to 2.00pm. I sell all varieties of sweets and snacks. My sweets are famous

in entire Agharam city. People used to rush into mandi street for my sweets and

snacks. My motto is “work is worship”. My entire family is involved in this business

for the past three generations. My shop is just adjacent to Mr. Chandran’s house. I

knew Alya very well, she was my regular customer. She was fond of my shop’s Pani

Puri, mostly every evening she used to spends eating chat in my shop. Recently, last

week Alya along with her daughter Sana visited my shop for buying sweets. I am

shocked that that was her last visit to my shop. Two days back, I heard Alya is no

more, it is a huge loss for Mr. Chandran’s family.



21

ANNEXURE - 8

FINAL REPORT

(Under Sec.173 of the Code of Criminal Procedure Code, 1973)

In the Court of Chief Judicial Magistrate, Agharam

1. District : Agharam

FIR No. : 2526/2019

Year : 2019

Date of F.I.R : 08/07/2019

2. Final Report No. : 7987/2019

3. Date : 29/07/2019

4. Sections of Law :

4a. Mr. Sanjeev - Section 302, Section 304B, Section 498A, of Dravidian Penal

Code 1860 and Section 4 of The Dowry Prohibition Act, 1961.

4b. Mrs. Meena - Section 302, Section 304B, Section 498A, of Dravidian Penal

Code, 1860 and Section 4 of The Dowry Prohibition Act, 1961.

4c. Mr. Chandran - Section 302, Section 304B, Section 498A, of Dravidian Penal

Code, 1860, and Section 4 of The Dowry Prohibition Act, 1961.

5. Type of Final Report: Charge sheet

6. If Final Report Un-Occurred/False/ Mistake of Law: Not Applicable

/Mistake of Fact/ Non-Cognizable/ Civil Cases

7. If charge sheeted: Original

Original/Supplementary

8. Name of Investigating Officer: Mr .Durai Murugan, Rank: Sub- Inspector

9. Name of the Complainant: Mrs GEETHA

10. Details of Properties/ Articles/ Documents seized - NA

during investigation and relied upon



22

11. (11.1) Particulars of accused persons charge sheeted:

Name : Mr. Sanjeev

Father’s Name : Mr. Chandran

Year/Date of Birth : 02/11/1985

Sex : Male

Nationality : Dravidian

Occupation : IT Employee

Address : Residing at “Sanjeev Villa” No 6 Mandi street, Agharam, city, Kaveri

Whether Verified : Yes

Date of Arrest : 08/07/2019

Under Acts & Sections : Section 302, Section 304B, Section 498A, of Dravidian

Penal Code 1860 and Section 4 of The Dowry Prohibition Act, 1961

Status of the Accused : Judicial Custody

(11.2) Particulars of accused persons charge sheeted:

Name : Mrs. Meena

Husband’s Name :Mr. Chandran

Year/Date of Birth : 17/8/1947

Sex : Female


Occupation : Housewife


Whether Verified : yes







23

(11.3) Particulars of accused persons charge sheeted:

Name : Mr. Chandran

Husband’s Name :Mr. Mandi

Year/Date of Birth : 29/4/ 1941

Sex : Male


Occupation : Retired Govt employee


Whether Verified : yes





12. Particulars of Witnesses examined

1 Mrs. Geetha (Mother of the deceased (Complainant), PW1

2. Mrs. Kalyani -Maid, PW2

3. Mrs. Mano- Neighbour of Deceased, PW 3

4. Dr. Kanisha– PW4

5. Insp. Durai pandian - Investigating officer, PW5

6. Mr. Sanjeev -DW1 (A1)

7. Mrs. Meena – DW2 (A2)

8. Mr. Chandran -DW3 (A3)

9. Ms. Drishti Agarwal Neighbour of Deceased, DW4

10. Mr. Shyam - Shopkeeper, DW5

13. If FIR is false, indicate action taken or

proposed to be taken u/s 182, 211 IPC: Not false, allegations in the FIR are true.



24

14. Brief Fact of case:

(14.1) On 08/07/2019, at 9.45am, the Police received a complaint from Mrs. Meena

w/o Late. Kumar residing in Agharam city, Kaveri, she stated that her daughter was

married to Sanjeev in year 2015 and added that within six months of marriage Mrs.

Alya was forcefully sent back to Complainant’s home on demand of money. Initially

complainant transferred the demanded money owing to her daughter’s future. Later

the complainant states that any of her calls and messages were not responded by her

daughter. Even she tried visiting her daughter. But only reasons were given and she

was not allowed to meet her daughter & grand daughter. On 08/07/2019 complainant

was informed that her daughter Alya was admitted to hospital. As she rushed to

hospital, she saw her daughter only as the skeleton covered with skin. Doctors said

that there’s no hope for her survival. So, she wanted to give her Dying declaration

to the magistrate and accordingly all the provisions were done for her statement.

After few Doctor declared Alya as death. Mrs. Geetha accordingly filed a complaint

on Mr. Sanjeev and his parents.

(14.2) In her Dying declaration before the magistrate, Alya stated that Sanjeev, Mrs.

Meena and Mr. Chandran made her to starve by giving only the soaked rice and

sugared water. She was also harassed for dowry. The doctor certified that she was in

a fit state of mind to give her dying declaration.

(14.3) After receiving the complaint I went to Sanjeev Villa and observed the

following, I found four rooms including the living room. There was an isolated room

with one cot and with no windows. I found packets of sugar and a bowl of soaked

rice. There were no fans and lights in that room and finally made the Observation

Mahazar



25

(14.4) On receiving the complaint on 08/07/2019 around 9:45 am, I enquired Mrs.

Kalyani, the maid who works in Sanjeev Villa. She is the mother of two daughters

and a single parent. She was employed for two years for sweeping and cleaning the

house. She cleaned the whole house except Sanjeev’s room. She said that she rarely

saw the victim for the past six months.

(14.5) Later that day I enquired Mrs. Mano who’s a neighbour of Mr. Sanjeev. She’s

a psychologist who has been residing there for the past 10 years. She said that she

heard frequent commotion in their home and often Sanjeev and Alya will shout at

each other. She had even seen Sanjeev beating Alya in front of everyone for the

demand for dowry. When she called Sanjeev for counselling, he even shouted at her.

Alya was left alone since she was not allowed to meet her mother. On 08/07/2019,

She heard an outcry in Sanjeev’s house. As she rushed, she was shocked to see Alya

in bag of skeleton. She helped them to admit her in the hospital. Later she came to

know that Alya died after giving Dying Declaration.

(14.6) On 12/07/2019, I received the Post mortem report from Dr. Kanisha who is

the Assistant medical Practitioner in Government Hospital, Mount road, Agharam.

When I asked her about the post mortem she said that she died due to starvation

which causes circulatory failure due to brown atrophy of the heart.

(14.7) Investigation has resulted in factual confirmation by way of credible evidence

that A1, A2 and A3 was involved in the death of the Deceased Alya by giver her

only the soaked rice and sugared water and was harassed for the demand of Dowry.

On observing the house of the accused it was confirmed that she was subjected to

torture by her husband and In-laws.

(14.8) All the aforesaid offences have been committed within the jurisdiction of this

Hon’ble Court. Hence, this Hon’ble Court has jurisdiction to try the above offences.



26

It is therefore prayed that this Hon’ble Court may be pleased to take cognizance of

the offences as mentioned above against each of the aforesaid accused persons and

issue process to them to start trial in accordance with law.

15. Dispatched on - 28/07/2019

16. Number of Enclosures

Sd/-

Durai Pandian, Sub-Inspector,

B5 Station, RR salai,

Agharam city, Kaveri State.



27

LIST OF EXHIBITS

Exhibit -1 Marriage invitation

Exhibit -2 Invite card

Exhibit -3 Photo -1 (Reception)

Exhibit -4 Photo-2 (Wedding)

Exhibit -5 Ritual Photos – 01



Exhibit -8 Identity card

Exhibit -9 Bank Transaction Details

Exhibit -10 Call summary

Exhibit -11 WhatsApp chat

Exhibit -12 Store Bill

Exhibit -13 Newspaper

Exhibit -14 Rough Sketch

Exhibit –15 Map



28

EXHIBIT -1

MARRIAGE INVITATION



29

EXHIBIT -2

INVITE CARD



30

EXHIBIT -3

PHOTO – 01 (RECEPTION)2

2 Disclaimer: The face is not shown for competition purpose



31

EXHIBIT -4

PHOTO-02 (WEDDING)3




32

EXHIBIT -5

RITUAL PHOTOS – 01



33

EXHIBIT -6




34

EXHIBIT -7




35

EXHIBIT -8

IDENTITY CARD4




36

EXHIBIT -9

BANK TRANSACTION DETAILS5

5 Sanjeev’s Account No. – 000161104040**



37

EXHIBIT -10

CALL HISTORY OF MRS. ALYA SANJEEV

CONTACT NUMBER:

Mrs. Geetha – 9894091345

CALL HISTORY

S. No Name Number Call Type Date &

Time

Duration

1. Geetha 9894091345 Incoming 05/07/19

16:03

0 sec

2. Geetha 9894091345 Incoming 28/06/19

20:32

0 sec

3. Geetha 9894091345 Incoming 23/06/19

18:02

0 sec

4. Geetha 9894091345 Incoming 21/06/18

17:40

0 sec

5. Geetha 9894091345 Incoming 17/06/18

07:30

0 sec

6. Geetha 9894091345 Incoming 15/06/18

11:30

0 sec



38

7. Geetha 9894091345 Incoming 12/06/18

16:50

0 sec

8. Geetha 9894091345 Incoming 06/06/18

20:23

0 sec

9. Geetha 9894091345 Incoming 02/06/18

18:12

0 sec

10. Geetha 9894091345 Incoming 30/05/18

13:20

0 sec

11. Geetha 9894091345 Incoming 27/05/18

09:43

0 sec

12. Geetha 9894091345 Incoming 25/05/18

12:30

0 sec

13. Geetha 9894091345 Incoming 21/05/18

05:59

0 sec

14. Geetha 9894091345 Incoming 18/05/18

10:32

0 sec

15. Geetha 9894091345 Incoming 13/05/18

14:24

0 sec

16. Geetha 9894091345 Incoming 10/05/18

17:09

0 sec



39

17. Geetha 9894091345 Incoming 06/05/18

08:17

0 sec

18. Geetha 9894091345 Incoming 03/05/18

13:19

0 sec

19. Geetha 9894091345 Incoming 29/04/18

21:00

0 sec

20. Geetha 9894091345 Incoming 26/04/18

12:25

0 sec

21. Geetha 9894091345 Incoming 22/04/18

16:02

0 sec

22. Geetha 9894091345 Incoming 18/04/18

19:53

0 sec

23. Geetha 9894091345 Incoming 14/04/18

15:05

0 sec

24. Geetha 9894091345 Incoming 11/04/18

11:56

0 sec

25. Geetha 9894091345 Incoming 04/04/18

20:19

0 sec



40

EXHIBIT -11

WHATSAPP CHAT



41

EXHIBIT -12

STORE BILL



42

EXHIBIT -13

NEWSPAPER



43

EXHIBIT -14

ROUGH SKETCH



44

EXHIBIT -15

MAP

PROBLEM DRAFTED

Under the guidance of DR. ASHA SUNDARAM, Principal,

Saveetha School of Law, SIMATS

BY

Ms. SORNALAKSHMI R.R, Asst. Professor, Saveetha School of Law, SIMATS

Ms. SUBA YOGA, Student, Saveetha School of Law, SIMATS