IN THE SESSION COURT OF NAGPUR

…..

MEMORIAL ON BEHALF OF THE PROSECUTION

IN THE MATTER OF

STATE OF MAHARASHTRA……………………………………PROSECUTION

VERSUS

RAJKUMAR MUKHERJEE & ORS……………………………………. DEFENCE

Submitted by

Kalyani Gupta

B.comLLB 2nd year

1914328
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Table of Contents

Index of Abbreviation…………………………………………………………………3

Index of Authorities……………………………………………………………………4

Statement of Jurisdiction……………………………………………………………….6

Statement of Facts………………………………………………………………………7

Issues Raised…………………………………………………..……………………….10

Summary of Argument…………………………………………………………………11

Advanced Argument…………………………………………………...………………12

Prayer…………………………………………………………………………………….16
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LIST OF ABBREVIATION

Abbreviation Expansions

AIR All India Reporter

Anr. Another

AP Andhra Pradesh

Cal Calcutta

CWN Calcutta Weekly Note

Del Delhi

Govt. Government

HC High Court

ILR Indian Law Reporter

Ker Kerala
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Mad Madras

Mah LJ Maharashtra Law Journal

MP LJ Madhya Pradesh Law Journal

Ors. Others

P&H Punjab and Haryana

para Paragraph

Sec. Section

S.C. Supreme Court Cases

Vol. Volume

INDEX OF AUTHORITIES

TABLE OF CASES

1. Shobha Rani v., Madhukar Reddi, AIR 1988 SC 121

2. Broja Kishore Gosh v. Smt Krishna Gosh AIR 1989 CAL 327
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3. A. JAYCHANDRA v. ANEEL KAUR AIR 2005 SC 534

4. Kusum Lata v. Kampa, AIR 1965 All. 280.

5. Mary v. Raghwan, AIR 1979 MP 40.

6. Neni v. State of Rajasthan 2006 Cr.L.J. 4527.

7. Praveen Mehta v. Inderjeet Mehta, AIR 2002 SC 2582.

8. Ramesh Baburao Patil v. State of Madhya Pradesh, 2002 Cr.L.J. 3364.

9. Rup Lal v. Kurtaro, 1970 J&K 158.

10. Suptani v. Jagdish, AIR 1987 Del. 63.

BOOKS REFFERED

1. The Indian Penal Code, Rataalal & Dhirajlal, Lexisnexis

2. Indian Penal Code by S.N. Mishra

3. Code of Criminal Procedury by CK. Thakur

WEBSITES:

1. http://www.findlaw.com

2. http://www.indiankanoon.com

3. http://legal-dictionary.thefreedictionary.com
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4. http://www.legalserviceindia.com

STATUTES:

1. The Indian Constitution, 1949

2. The Indian Penal Code, 1860

3. The Code of Criminal Procedure. 1973

STATEMENT OF JURISDICTION
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THE PROSECUTION HAS APPROACHED THE HON'BLE SESSION COURT UNDER

SECTION 177 AFTER THE CASE HAS BEEN COMMITTED To THE HON'BLE COURT

UNDER SECTION 209 READ WITH SCHEDULE I OF THE CODE OF CRIMINAL

PROCEDURE, 1973.
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STATEMENTS OF FACTS

Ashmita Mukherjee was married to Rajkumar Mukherjee on 11/8/15 in Nagpur. On 11/08/2015,

marriage between Asmita and Rajkumar Mukerjee was solemnized as per Hindu Rites and

Customs in Nagpur. Asmita Mukerjee since the day of her marriage had complaints about the

indifferent attitude of her in-laws towards her and right from the time she got married, she used

to insist for all sorts of luxuries which were way beyond the capacity of her husband Mr.

Rajkumar Mukerjee. Asmita was suffering from certain diseases of which her family members

were aware of, but the same was concealed from her husband and in laws. Somewhere in

September 2016, she used to vomit quite frequently, and sometimes she even had complaints of

blood vomiting. Her in laws took her to a doctor immediately after examining her, the doctors

informed the family that she was suffering from Haematemesis. It is after sometime around

December 2016, the wife .e. Asmita fell sick quite often, her in laws agitated by the same called

Asmita's Parents to take her back from her matrimonial house, but the parents refused to do so

and told the in laws to take care of her. The husband Rajkumar Mukerjee also took care of her

health and fulfilled his duties of a caring husband.

From September 2016 till Jan 2017, Asmita was adamant and had frequent quarrels with her in

laws and husband, though most of the times, Rajkumar supported his wife and went against her

in-laws. Sometime around October 2017. Asmita threatened her in laws that she would post the

video on social media of her in laws harassing her physically. After the intervention of the

husband, the matter was resolved between them. Sometime in Last week of December 2017,

Asmita went on a trip with her friends to Spain without taking permission of her in laws, this
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very fact agitated them and they were very disappointed with Rajkumar, they thought that

Rajkumar was being quite liberal with his wife.

In Jan 2018, in-laws of Asmita had a quarrel with their son Rajkumar and asked him to stay

separately with his wife or ensure that he listens to his parents, instead of blindly supporting his

wife. In Mid Jan 2018, Asmita and Rajkumar started residing separately in a fiat in Dharampeth,

Nagpur. Shri Hemant Mukerjee, father of Rajkumar Mukerjee expired in Feb 2018 due to heart

attack. After the death of Late Shri Hemant Mukerjee, Rajkumar along with his wife moved back

to the house of his parents.

Even inspite of all the efforts taken by Rajkumar, he could not stop the quarrels between his

hyper sensitive, short tempered wife Asmita and his mother Sushma. Left with no option,

Rajkumar told the parents of Asmita and asked them to immediately come and resolve the

dispute between the wife and the mother of Rajkumar. The parents of Asmita came to Nagpur,

sometime End of Feb 2018, and tried to resolve the dispute, they explained to their daughter

where she was wrong and told her to amend her mistakes, and not to disturb the peace of the

family as Rajkumar and Sushma were already disturbed with the death of Shri. Hemant

Mukerjee Sometme in March 2018, Asmita fed up of people pointing out her mistakes and after

every conciliaton, entire blame was put on her, to put an end to that Asmita on a stamp paper

which was executed Before Notary, Nagpur stated about her suicidal tendencies as well as the

mistakes committed by her. Sometime in April 2018, the mother-in-law of Asmita, Sushma

wrote to the Superintendent of Police, Nagpur requesting him to intervene in the matter, as they

were worried about the suicidal tendencies as well as the harassment caused by Asmita to the
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family, the police had refused to intervene, the letter written to SP. Nagpur was a final attempt

from the family to bring an end to the harassing tactics of Asmita. After complaints made by

Sushma, with police authorities, no action was taken in the matter, Asmita did not mend her

ways and continue to harass her in laws and husband. Considering the behavior of Asmita, her in

laws and husband decided to initiate reconciliation talks with the parents and brothers of Asmita

and called them to Nagpur. At time of reconciliation ie on 27th April 2018, Rajkumar played a

CD bearing the voice recording of Asmita, in which she threatened her in laws, that she would

commit suicide and told her that she would even state in the suicide note that she committed

because of her in laws and husband. The brother and father of Asmita very infuriated with the

behavior of their daughter and told her that this was the last chance for her to mend her way

orelse even they would not help her or support her. It is on 28th April 2018 le at around 2.30 am,

Asmita committed suicide by burning herselt. The father of Asmita, Gopal Jain had lodged a

complaint with Burdi Police Station, alleging that the deceased i.e. Asmita had committed

suicide on account of il-treatment, demand of dowry etc by Sushma and Rajkumar and on the

basis of the said complaint, FIR was registered an offence punishable under Sections 498-A and

306 of LP.C vide Crime No. 106/2015 against Sushma and Rajkumar Subsequently on 29th

April at 11.00 pm. Sushma and Rajkumar were arrested by Burdi Police Station. they were

produced before Judicial Magistrate First Class No.1, Nagpur wherein a PCR of 3 days was

granted to them. They were sent to judicial custody on 3rd May 2018, the ball application came

to be filed before Sessions and District Judge 3, Nagpur on the same day and they were granted

bail in the last week of May 2018 on the ground that considering the evidence that Asmita had

admitted her guilt on the stamp paper as well as CD bearing recording of threatening her mother

in law and husband, the court held that her reason of committing suicide could because of her
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brother and father did not appreciate her behavior with her in laws and husband, and told her that

they would not support her. The chargesheet came to be filed on 03.09 2018; the charge sheet

was forwarded to District and Sessions Judge, Nagpur, 3.

ISSUES RAISED

1. WHETHER ACCUSED IS LIABLE TO BE CONVICTED UNDER SECTION 498. OF THE

INDIAN PENAL CODE, 1860?

2.WHETHERER ACCUSED IS LIABLE TO BE CONVICTED UNDER SECTION 306

OF THE INDIAN PENAL CODE, I860?

SUMMARY OF ARGUMENT

1. THAT RAJKUMAR IS LIABLE TO BE CONVICTED UNDER SECTION 498A OF

THE INDIAN PENAL CODE, 1860.

It is humbly submitted that the accused has subjected Ashmita Mukherjee to mental Cruelty by

constantly mocking her from the day of a marriage along with her in-laws

2. THAT SANJAY IS LLABLE TO BE CONVICTED UNDER SECTION 306 OF THE

INDIAN PENAL CODE, 1860.

It is that Ms. Ashmita has committed suicide and since suicide has been committed within seven

years of marriage section 113-A is attracted, And where it has already been proved that accused

has subjected Ms. Ashmita to cruelty, it is proved that accused has abetted her to commit suicide.
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ADVANCED ARGUMENTS

1 THAT RAJKUMAR IS LIABLE TO BE CONVICTED UNDER SECTION 498A OF

THE INDIAN PENAL CODE, 1860.

It is humbly submitted before this Hon'ble court that the accused in the case namely- Rajkumar

Mukerjee has committed an offence of cruelty covered under Sec. 498-A of the Indian Penal

Code

1860 for which punishment is prescribed under same section

1.1 THE ESSENTIAL REQUISITES FOR CONVICTION UNDER SECTION 498A.

It is humbly submitted that the essential ingredients for conviction under section 498A are

following:

1.Woman subjected to cruelty,

2. Cruelty subjected by Husband or relative of husband

Further clause (a) of the Explanation under section 498A, IPC defines cruelty to mean a 'wilful

conduct of the husband of such nature as is likely to drive the women to commit suicide.
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It is humbly submitted before this Hon'ble Court that to constitute cruelty the conduct should be

such which is "inexcusable", "unpardonable", "unforgivable", or "grossly excessive". The

shortest expression is "grave and weighty. It is further submitted in the light of the case Rup Lal

v, Kartar that the act and conduct complained of should be considered in reference to the whole

matrimonial relationship.

1.2. ACCUSED SUBJECTED HIS Wife ‘ASHMITA’ WITH CRUELTY,

It is humbly submitted before this on Hon’ble court that cruelty is a conduct of such a character

as to have cause danger to life or health bodily or mental, gives rise to reasonable apprehension

of such danger.

Further it is humbly submitted that in the case of Praveen Mehta v. Inderjeet Mehta, Supreme

Court observed that mental cruelty is a state of mind and feeling therefore, a matter of inference

and inference has to be drawn on facts and circumstances taken cumulatively.

It is pertinent to mention that Ashmita's in-laws were constantly mocking her and always had

indifferent attitude towards her.

It is further pertinent to mention that Ashmita was fed up of people pointing out her mistakes

and after every conciliaton.

Further it is pertinent to mention that the threatening given by the wife of the accused that she

will commit suicide if he does not stop doing all these things clearly suggests that conduct of the

accused had been continuously putting his wife in depression and causing mental injury.

It is pertinent that the wife of the accused had videos of her in-laws harassing her physically
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It is therefore humbly submitted that accused willful conduct of having in different attitude and

cruel treatment falls within the ambit of definition of cruelty as defined under 498A.

2. THAT RAJKUMAR IS LIABLE TO BE CONVICTED UNDER SECTION 306 OF THE

INDIAN PENAL CODE, 1860.

It is humbly submitted before this lonhle court that the accused in the case namely Sanjay Yadav

has committed an offence of cruelty covered under Sec. 306 of the Indian Penal Colle 1860 for

which punishment is prescribed under same section.

2.1. THE ESSENTIAL REQUISITES FOR CONVICTION UNDER SECTION 306 OF THE

PENAL CODE, 1860.

It is humbly submitted that the essential ingredients of an offence under this section are:

1. There should be a suicide.

2. The person should have abetted in commission of suicide in accordance with section 107 of

IPC."

2.2. ASHMITA HAS COMMITTED SUICIDE.

It is humbly submitted before this Hon'ble Court that it is evident from the facts of the case that

the deceased has died due to overdose ol drugs." Further injury marks found on the buck of the

deceased shows that physical cruelty has been committed upon her in addition to the mental

injury,
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It is pertinent that There was physical and mental harassment which was sufficient to drive a

woman to commit suicide.

2.3. SECTION 113-A OF THE INDIAN EVIDENCE ACT, 1862 IS ATTRACTED IN THE

INSTANT CASE.

It is humbly submitted before this Hon'ble Court and proved above that the accused has

subjected his wife with cruelly as defined under Sec. 498A of IPC. Further it is submitted that

since Ashmita died on April 2018" within seven years of her marriage Sec, 113-A of IEA is

attracted in the instant case,

The essential ingredients for raising presumption under Sec. 113-A are following:

1. Wife has committed suicide within seven years of her marriage

2. That her husband or relative of her husband subjected her to cruelty

In the case of State of Andhra Pradesh s. Yadla Ranga Rao & ors., it has been held by the Apex

Court that where the husband conduct was cruel to the extent that it has led his wile to commit

suicide in that use the offense of abetment of committing suicide punishable under section 306 of

IPC would be clearly met out against accused and for that purpose tf he presumption under

Section 113-A of Evidence Act can be raised against him.

It is pertinent to mention that the conduct of the accused by preparing the documents i.e the

stamp paper shows that the accused took all precautions to save himself or prepare the evidence

in his defence

It is further pertinent to mention that Ashmita committed suicide and there was complaint of ill-

treatment to her. Her death occurred within 7 years from the marriage. So the provisions of

section 113A of The Evidence Act shall apply to the facts of the present case and prosecution has

made out their case beyond reasonable doubt.

PRAYER

Wherefore, in the light of above, it is most humbly prayed that this Hon'ble Court may be

pleased to adjudge that:

1. THE ACCUSED NAMELY – RAJKUMAR MUKHERJEE HAS COMMITTED AN

OFFENCE UNDER SEC,

498A OF INDIAN PENAL CODE, 1860 AND IS LIABLE TO BE CONVICTED THEREOF.

2. THE ACCUSED NAMELY-SANJAY YADAV HAS COMMITTED AN OFFENCE

UNDER SEC. 306 /NDIAN PENAL CODE, 1860 AND THEREFORE SHOULD BE

CONVICTED THEREOF.

Pass any other order as this Hon'ble Court may deem fit in the light and interest of justice
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