11th kshan moot problem final

7/25/2019 11th Kshan Moot Problem FINAL

1/23

KSHAN 11thNATIONAL MOOT COURT

COMPETITION 2016

Moot Problem

On 5.2.2015, Mr. Jayesh Goitonde attended wedding where he met Mr.

Vishnu Rai(deceased) and dropped his wie !ushpa home and then went to Rita "nn

hote# to drop the deceased. Mr Jayesh waited there or some time and #et around

$.%5pm. &e then #ater recei'ed a ca## at .00 pm rom the deceased to come near

&ote# Rita "nn as he was going to meet the accused and ta# a*out sa#e o #and+ *ut Mr

Jayesh reused to go as he eared or his #ie. On 11.02.2015+ !o#ice "nspector

,a#*ande rushed to the !o#ice -tation+ &ingna(agpur) and intimated in writing that

one unidentiied dead/*ody is #oating in a we## situated in the ie#d o one !ra#had.

n accidenta# case was registered us 1$% o r.!.. t that time+ !" -hri Rathod

was !.-.O o &ingna !o#ice -tation+ he o*tained the inormation rom !o#ice -tation+

-adar a*out the missing person and came to now that on $.2.2015+ a report was

#odged *y one -hany so Vishnu Rai contending that his ather Vishnu has not

returned home since 5.2.2015. 3he said report contained the ce## num*er o -hany+

thereore !" Rathod ca##ed -hany and ased him to remain present in &ingna near

the we## to identiy the dead *ody.

On ne4t day morning+ !" Rathod+ po#ice personne#+ ,a#*ande rushed to the

spot where the dead *ody was ound. 3hat time+ -hany+ the son o the deceased+ hisre#ati'es and 'i##agers had a#ready gathered near the we##. ith the he#p o the


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assem*#ed peop#e+ the dead *ody was ished out. 3he dead *ody was ha'ing no head +

a*domen and was ound in straight direction. 3here were corn mars on the eet. On

seeing the dead/*ody+ -hany as we## as his re#ati'es identiied it as that o Vishnu

Rai. 3he photographer Visha# Ra6 was ca##ed there+ who too the snaps o dead/*ody.

3he in7uest panchnama came to *e prepared in presence o those persons inc#uding

panchas. 3here were *#ood stains to the edge o we##. "t was co##ected and sei8ed in a

p#astic *ag and the panchnama was drawn o the spot.

3he dog s7uad was a#so ca##ed+ who reached there around 2.00pm. 3he dog

hand#er *y name Ran6it -hah has carried out the process. ter sniing the corpse+

9og :rutus proceeded towards southern side up to 500 t and stopped there+ on c#ose

watch+ the *urnt ash and *#ac ; white short hair were ound. 3hereater+ the dog

:rutus proceeded in the same direction ti## e*ruary+ the ccused Ramesh ga'e his conession a*out the crime.

&e #ed !" Rathod+ po#ice sta to his house and too out one *ott#e o #i7uor o

$50m#+ which contained 200m# o #i7uor. &e a#so produced one grey co#ored u##/


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p#ant ha'ing *#ood stains rom one room+ which was a*ut to his house. 3he said

*ott#ed and pant came to *e sea#ed and sei8ed. 3hereater the accused Ramesh too

them to the ie#d+ showed the site near *oundary where cracs were appeared. &e

disc#osed that Bhe himse# and Jayesh had *rought the dead *ody o Vishnu+ Jayesh

cut the nec o Vishnu with the he#p o dagger.C On c#ose watch+ they noticed that the

*#ood was spi##ed in the cracs o earth ti## 2 D < t. 3he samp#e and the *#ood mi4ed

earth came to *e sei8ed rom the said p#ace. 3hat time+ the accused Ramesh disc#osed

that+ Bthey *oth pushed the *ody o Vishnu into the we##C. 3hereater+ he showed the

we## and the p#ace+ where the head o Vishnu was *urnt *y them and a#so the p#ace

where the pacets o cigarette were thrown away. Jayesh was #ater on arrested. &is

po#ice custody was sought *ut nothing was ound against him+ hence !" Rathod

again on 2


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oia mae rom another crac o #and and it was sei8ed. !" Rathod o*tained

medica# opinion regarding the possi*i#ity o cutting the throat *y sei8ed nie. !"

Rathod a#so got the post mortem report. &e o*tained the statements o neigh*ours o

accused Ramesh. ccused Miss Ran6ita =a# was arrested on 2%th>e*ruary 2015.

9uring in'estigation it was a#so transpired that there was dispute regarding the

*oundaries o agricu#ture #and *etween the deceased Vishnu and accused Ramesh+

who used to threaten Vishnu. Vishnu had a#ready #odged report against Ramesh. 9ue

to the harassment at the hands o Ramesh+ Vishnu had decided to dispose o his #and.

3he charge/sheet was i#ed against them 'ide rime no. 1215 us


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)!r%t I$formt!o$ Re#ort

&U$+er %e"t!o$ 1-. of Cr/PC

1. 9istrict / agpur !o#ice -tation/ &ingna Hear/ 2015

>"R o. 1215 9ate/ 12.02.2015

2. i) ct/ "ndian !ena# ode+1FA0 -ections/


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h) ddress / 11+ Opposite to =i*erty 3a#ies+ -adar

$. 9etai#s+ ame ; ddress o ,nown ccused/

1) Mr. Raesh =a#

2) Mrs. Ran6ita wo Raesh =a#

F. Reasons or de#ay in reporting *y the omp#ainant "normant/

On the *asis o ora# report #odge *y the comp#ainant

. !articu#ars o properties sto#enreco'ered

(ttach necessary !erorma)

3he detai#s on a *ac *#an page/

a. 3ota# Va#ues o properties sto#en in'o#'ed/

*. Reco'ered properties/

c. Innatura# ccidenta# death. ase o+ i ny/

10. >irst "normation :rie contents(attach separate sheet+ i re7uired) detai#s write

down *ac *#an page

11. "n7uest ReportI.9 ase o+ i any/

12. >.".R contents (ttach separate sheets+ i re7uired)/ >acts are as under/ on the

date and the time and the p#ace o the aoresaid incident i.e on 50215 in the e'ening+

when here in deceased Vishnu Rai+ ged 50 years+ resident o 11+ Opposite =i*erty

inema+ -adar had gone to the house o accused Ramesh or maing dea# o the ie#d

the accused persons co##uded so that the deceased shou#d not mae any dea# o the

ie#d+ de#i'ered *#ows o sharp weapon on his name se'ered his head+ assau#ted on his

a*domen with a sharp weapon and threw his dead *ody in naed condition in the

water o the we## situated in the ie#d within the *oundary #imits o &ingna and

destroyed the e'idence were *urning the head and c#othes rom the person o the

deceased. On the *asis o such ora# report #odged *y the comp#ainant+ the said crime

has *een registered and taen up rom the in'estigation.

1


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tae up the in'estigation. >.".R read o'er to the omp#ainantinormant+ admitted to

*e correct#y recorded and a copy gi'en to the omp#ainantinormant+ ree o cost.

-d/ -d/

-hany so Vishnu Rai .. Rathod

!o#ice -tation Oicer.

1%. -ignature3hum* "mpression o -ignature o the oicer/in/the

comp#ainant"normant / harge o !o#ice -tation /

-d/

ame @ . Rathod

Ran/ ssistant !o#ice

"nspector !o#ice -tation/

!o#ice -tation/ &ingna

15. 9ate and time o dispatch to court/ 1


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STATEMENTS

1) -hany Vishnu Rai (! 1)

-hany so Vishnu Rai aged a*out 20 years+ Occupation/ gricu#ture+

Resident o /11+ Opposite =i*erty 3a#ies+ -adar+ agpur. " here*y state that " now

*oth the accused+ their ie#d is ad6acent to my ie#d. 3hey reside at 201+ Opposite to

Rita "nn &ote#+ &ingna. Our ami#y ho#ds % acres o agricu#tura# ie#d. My ather had

got measured our ie#d through Go'ermnent agency (3"=R) in which it has *een

transpired that accused Ramesh had gra**ed 10 gunthas o #and and he was not ready

to re#in7uish the said #and. On the count+ there was a dispute *etween my ather and

the accused Ramesh. My ather had #odged report against accused Ramesh *eore

-adar !o#ice -tation.

ccused Ramesh a#ways used to e4tend threats o murder to my ather. My

ather was disgusted to such threats+ he was worried a*out the we## *eing o the

ami#y and he decided to se## out the ie#d+ *ut accused was o*structing to the said

sa#e. On 5.2.2015+ my ather had gone to attend a marriage in &ingna and he did not

return to home. " waited or him a## night and then " tried to contact him on his ce##

phone+ *ut in 'ain+ as his phone was switched o. " thereore #odged a missing

report on $.2.2015. "t is on $.2.2015 !o#ice "nspector ,a#*ande met Mr Jayesh

Goitonde and in7uired as to whether he met my ather in the marriage on 5.2.15.

=ater on " was inormed *y the po#ice "nspector that Jayesh had met my ather near

&ote# Rita "nn and my ather was a*out to go to the house o the accused in respect o

the sa#e transaction o the ie#d property. >urther Jayesh a#so inormed the !o#ice

"nspector that my ather had ased him+ to come to tae him(my ather) i any

misdeed happened+ Jayesh had to#d my ather that he apprehends danger to the #ie

o my ather and he shou#d not there+ he urther to#d him that he wou#d not come i

any misdeed occurred. Jayesh #ast met my ather at $.%0 pm+ he a#so inormed that he

recei'ed a phone ca## rom my ather at around .10pm+ where*y he inormed Mr.Jayesh that my ather was standing in ront o house o accused near Rita "nn &ote#


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and he shou#d go to pic him rom there. Jayesh showed his unwi##ingness as he

eared or his #ie+ #ater he ound that ater ha# an hour+ the phone o my ather was

switched o.

3he same night+ " started in7uiring a*out my ather+ no one cou#d te## me

where my ather was. " a#ong with Jayesh and ew other re#ati'es went to the house o

Ramesh+ *ut it was #oced. " showed photograph o my ather to the neigh*ours o

Ramesh and en7uired whether they had seen my ather. " did not recei'e any positi'e

response rom them +howe'er their *eha'ior was suspicious . 3his #ed to suspicion

in my mind that it was the accused who had i##ed my ather.

On 11th>e*ruary at around F."R on 12tho >e*ruary.

2. Mr. Jayesh Goitonde+ (! 2)

Mr Jayesh Goitonde+ aged a*out %$ years+ Occupation/ gricu#ture+ Resident o /

2


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our went to attend the marriage. " sent my niece a#ongwith the women o my area+

thereater " a#ongwith my wie started to go to home+ hen we reached near

m*a8ari+ " recei'ed a phone ca## o Vishnu who to#d me to tae him on motorcyc#e

to the house o the accused or the transaction o his ie#d. " met Vishnu near Ram

nagar and irst we came to my house in 9harampeth+ and " dropped my wie there.

Vishnu ased me to drop him near Rita "nn &ote#+ according#y " #et him near the

hote# at around $.%0pm/ $.%5pm and returned home.

t a*out .10pm+ " recei'ed ca## rom Vishnu asing me to come and pic him

rom the accused?s house near Rita "nn &ote#+ *ut " reused to go and " switched o

my mo*i#e as " eared or my #ie. =ater on " ound that the phone o the deceased was

switched o. On the ne4t day+ Ath>e*ruary " went to -adar+ there the son o Vishnu

named -hany met me and en7uired whether his ather had met me and where he had

gone. &e urther to#d me that his ather did not return home + " to#d him that his ather

was intending to go to the house o the accused or the transaction o the ie#d when "

#et him around Rita "nn &ote#.

On the ne4t day i.e $th " recei'ed ca## rom -hany asing me i " cou#d

accompany him to search or his ather+ and according#y met him near -adar. "

a#ongwith ew re#ati'es o the deceased started en7uiring a*out the wherea*outs o

Vishnu+ we e'en went to the accused?s house *ut it was #oced. 3hereater we went to

-adar !o#ice -tation where -hany #odged missing report. !o#ice had ca##ed Ramesh

and his wie Ran6ita at the po#ice station or en7uiry. ter en7uiry+ they were set ree.

On 11th+ " was at my -ister?s house+ in the e'ening " recei'ed a message rom

-hany that one dead *ody was #ying in the we## which was the ie#d o the accused

and that " shou#d reach there. On 12 tharound 10 am " went near the said we##+ there

-hany and ew re#ati'es were present+ the said corpse was taen out rom the we##

was not ha'ing head and a*domen. 3he re#ati'es and -hany identiied the said dead

*ody as that o Vishnu?s. 3here were 2+< corns on the so#e o Vishnu and his toes


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were *ent.ter postmortem+ the dead *ody was taen to the residence o the

deceased where his #ast rites were perormed. ter #odging report+ accused Ramesh

; his wie were arrested *y the po#ice.


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the deceased and accused are ad6acent to each other. 3here was a dispute *etween

them regarding the *oundary o the ie#d.

On 2F.12.201%+ " was ca##ed upon *y the deceased and the accused to sett#e

the dispute *etween them regarding the *oundary o the ie#d+ since " had cordia#

re#ations with *oth o them. " had detai#ed discussions with *oth the deceased and the

accused. " a#so saw a## the documents which were *rought *eore me *y *oth o

them. " studied at #ength+ and " cou#d come to on#y one conc#usion that the accused

was entit#ed to the *oundary o the ie#d and the deceased was unnecessary creating a

dispute o'er it. 3he deceased was adamant and was *eing unreasona*#e and was not

ready to *udge+ he wanted to ac7uire the #and at any cost+ he threatened the accused

o dire conse7uences i he did not se## the said *oundary o the ie#d. &e a#so

threatened him that he wou#d commit suicide and wou#d ensure that the accused gets

imp#icated in the case.

On coming to now a*out the mysterious circumstances under which the

deceased died+ " was shoced and horriied to hear the same. "t was -hany who used

to come se'era# times or mediation+ he was 'ery aware a*out the dispute *etween the

deceased and the accused. "t is unortunate that 6ust *ecause the *ody was ound

#oating in the we##+ which was within the 'icinity o the *oundary o the accused+

hence they are a#se#y imp#icated.


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AN ORAL REPORT &COMPLAINT MAE 3ISHNU RAI ATE

245051.

3o+

3he !o#ice -tation+

-adar

pp#icant/ Vishnu Rai+ Resident/ 11+ Opposite =i*erty 3a#ies+ -adar+ agpur

on/pp#icant/ Ramesh =a#+ Resident/ 201+ Opposite to Rita "nn &ote#+ &ingna

" su*mit as under/

3he non/app#icant de#i*erate#y and nowing#y a#tercates with me

o'er the issue o my ancestra# ie#d and water channe# *e#onging to me+ saying that

the said channe# *e#ongs to him. &e comes to the channe#+ 7uarre#s and gi'es us threat

to #ie. 9ue to his ear+ " got measured my ie#d through the go'ernment sur'eyor in

the presence o a## the persons and neigh*ours o my sur'ey num*er. 9espite ha'ing

a## the said marings+ &e indu#ges in disputes and gi'es threats o committing murder

to my ami#y mem*ers 'i8 ather+ son+ daughter and wie.

-ince $/F months+ the non/app#icant is a#ways accompanied with

his son/in/#aw. 3hey *oth get in to the water channe#+ dig out+ put stones+ uproot

grasses and #ay thorny *ranches. On seeing us(he) says B my son/in/#aw is a #ion

(*u##y). &e is *rought or you and you now that " ha'e made my rea# *rother #ea'e

the 'i##age and when we cou#d digest murder rom a househo#d+ who are you 9o

whate'er you can *ut (") wi## commit your murder without #ea'ing any e'idence. "

wi## see as to how wi## you tae your agricu#ture produceC. -imi#ar#y he cuts %/5

sanda# wood trees rom my em*anment and too them away *eore my son.&owe'er (we) ear to 7uarre# *ecause my ami#y stays ew ms away rom the non/


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app#icant. 3he aoresaid two persons go to and ro here day and night *ecause the

non/app#icants ie#d and catt#e shed are on the said road on#y. 3hereore one o us

ha'e to stay there during night *ecause on seeing us+ his son/in/#aw says CMama6i

(ather/in/#aw)+ assumes that this wor is i4ed (done)??. &ence " re7uest you to ind#y

re#ease me rom this.

&ence su*mitted.

Hours hum*#y+

-d/

Vishnu Rai

Recei'ed at


15/23

THE 7OINT REPORT O) IN3ESTI8ATIN8 O))ICER AN THE O8

9HANLER, ALON8 :ITH REMARKS, ATE ;9 12/02/1-

7OINT REPORT O) IN3ESTI8ATIN8 O))ICER AN HANLER O))ICER

AN THE HANLER ON THE ASIS O) PER)ORMANCE ONE

POLICE9O8, AN THE

CERTI)ICATE O) IN3ESTI8ATIN8 O))ICER/

(1) 9og/s7uad+ agpur

(2) a## o. 152015

(


16/23

(12) 9ate and hour o Occurrence !rior to 1A.00 &ours o 11.2.2015

o oence

(1


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(25) 9ate and hour o ha'ing On 12.02.2015

#et the spot o

occurrence o oence

(2A) 9ate and hour o ha'ing On 12.2.2015

Reached the unit

Remars/

3his day+ 12.2.2015+ " presented myse# at the spot o occurrence

situated in &ingna (ie#d *oundary #imits) within 6urisdiction o !o#ice -tation o

&ingna and reported myse# to "n'estigating oicer !" Rathod+ !o#ice -tation/

&ingna and made the inspection o the spot o occurrence. t that time+ it is noticed

that there is a part#y decomposed *ody o deceased+ *eside the we## i.e spot o

occurrence. hen sni o *ody o deceased+ *eside the we## i.e spot o occurrence.

hen sni o *ody o the said deceased was gi'en to the ema#e dog :rutus+ she

whi#e sniing went up to a*out 500 t towards the south o the we##+ mo'ed a*out+

#ingered and sopped thereat. n ash and *#ac/grey hair *eside it were ound at the

said spot. hen the *itch was re#eased again rom the said spot+ she (i.e the *itch)

whi#e sniing went ahead up to a distance o a*out


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Re"o


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1. One :ig/si8ed *ott#e o $50m# capacity o country #i7uor containing 200m# o

country #i7uor.

3hereater+ the accused came outside his houseK too us to east acing cow shed

rooed with tin/sheets ad6acent to the western side o his houseK too out one u## pant

which was ept concea#ed under a gunny *adK and produced it to us. "t is descri*ed as

under/

1. One o#d+ used+ #ight grey co#ored u## pant *earing *#ood stains at se'era# p#aces.

3he accused thereater too us *y oot to a ie#d ater crossing se'era# agricu#tura#

#and and there we noticed the cracs in the ground near the em*anment and

disc#osed in the presence o the panchas that they had se'ered the head o deceased

Vishnu rom his *ody *y means o nie and cut his a*domen *y means o nie

there/itse#. On inspecting the said spot+ we ound the *#ood #ying in the cracs in the

ground. 3he said agricu#tura# #and is owned *y -hri !rah#ad+ resident o &ingna. 3he

accused urther disc#osed in the presence o the panchas that they accused no.1 ; 2

had together piced up the *ody o deceased Vishnu Rai rom the said agricu#tura#

#and+ carried it to a we## situated in the ad6acent agricu#tura# #and ad6oining the

em*anmentK ept it on the edge o the we##K it is ound to *e situated on the southern

em*anment in the agricu#tura# #and. 3he distance *etween the said southern edge o

the we## and the spot where the accused se'ered the head o the deceased rom its

*ody measures 22.5 eet. 3hereater+ the accused disc#osed in the presence o the

panchas that he wou#d show the p#ace where they had *urnt the c#othes o the

deceased ater throwing the dead *ody into the we##. ccording#y the accused #ed usK

and we+ the panchas and the po#ice sta o##owed him towards the agricu#tura# #and o

-hri. !rah#ad+ then he stopped in the said ie#d and disc#osed us that they had *urnt the

c#othes o the deceased at the said spot itse#. On inspecting the said spot+ the earth at


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the said spot appears to *e scrapedK ash is 'isi*#e thereK and the pieces o ha# *urnt

odder are 'isi*#e.

ccused Ramesh showed the spot where they had i##ed the deceasedK the

we## into which they had thrown the *ody o the deceasedK the spot where they had

*urnt the *#ood smeared c#othes o the deceasedK and the spot where they had thrown

the head o the deceased. -imi#ar#y+ he a#so too out rom his house and produced the

country #i7uor *ott#e rom which they (i.e *oth the accused) a#ong with the deceased

had consumed the #i7uor together in his house and the pant which he had put on at the

time o the said incident o i##ing the deceased.

3he proceedings o recording this Reco'ery !anchnama commenced at 1


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Memor$+(m P$"h$m, te+; 2>/2/201-

&U$+er Se"t!o$ 2? of I$+!$ E

!o#ice -tation agpur &ingna

9ated/ 2


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wou#d come to ta# a*out dea# o agricu#tura# ie#d. "n the e'ening+ " *rought home a

*umper (u## *ott#e) o country #i7uor or him. &e came to my p#ace at night and sat.

My wie named Ran6ita ased whether he wanted to drin tea+ to which he rep#ied he

wants to ha'e a#coho#. " too out the *ott#e o #i7uor and then we sat and consumed

#i7uor. s Vishnu had consumed e4cessi'e #i7uor+ he started *a**#ing and a*using

me+ he hur#ed i#thy a*uses under the in#uence o #i7uor and *ased unchaste remars

towards my wie. On it+ " got e4treme#y angry and " thrott#ed Vishnu+ as Vishnu was

hea'i#y drun+ he did not mo'e rom his p#ace ; was dead at that time. 3hereater+ "

too out the mo*i#e phone that he was in the pocet o Vishnu and too out the -"M

card contained therein and then put the dead *ody o Vishnu Rai in one sac *ag. "

ased my wie to ho#d the sac *ag and " put the dead *ody in it and tied its mouth. "

*rought the sac *ag outside the house and pared my cyc#e in ront o the house. "

ased my wie to ho#d my cyc#e+ " put the sac *ag containing the dead *ody o

Vishnu+ in *etween the peda#s in the midd#e o the cyc#e. 3hen+ " tied the gathered end

o the sac *ag o the upper rod o the cyc#e. " pared the cyc#e near the we## in the

agricu#tura# ie#d o ,a#*ande which was ad6oining the pasture #and itse# and then

dropped down the sac *ag tied to the cyc#e+ containing the dead *ody. " untied the

gathered end o the sac *ag and too out rom it+ the dead *ody o Vishnu. 3hen+ "

too out rom my pocet+ the nie that " had *rought rom home and tore and

remo'ed a## the c#othes on the *ody o Vishnu. 3hereater+ " ept the *ody o Vishnu

on the ground+ p#aced his head on the crac that had de'e#oped in the agricu#tura#

ie#d and with the he#p o nie+ " cut his head rom the ront side. " ept aside his

head and the c#othes on the sac *ag and then made a cut on his a*domen+ *y means

o the nie. 3hen+ *y ho#ding *oth the hands o :ody o Vishnu+ " dragged his *ody

to the edge o the we## ad6oining the em*ament o the near*y agricu#tura# ie#d o

,a#*ande+ turned the dead *ody on its one side and pushed it into the we##. 3hen+ "

wrapped the c#othes that were on the person o the deceased and his head in the sac

*ag and went to the p#oughed ie#d situated at some distance. " dug up one pit there

and there was a heap o odder at a side+ in the said ie#d. " *rought odder rom there


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and put it in the said pit. " ept on Vishnu?s head+ c#othes+ -"M card+ contained in his

mo*i#e+ sac *ag and the diary+ again p#aced odder on it and then set it aire. " threw

the matchstic in it. 3hereater+ " ept the nie in my pocet and returned home with

the cyc#e that was pared near the we##. ter returning home+ " remo'ed the c#othes

that " was wearing+ and ept the nie at home. On ne4t day i.e A.2.15+ " got up ear#y

in the morning and washed my *#ood smeared c#othes in L-ur powder?." too a#ong

the nie and Vishnu?s mo*i#e and concea#ed in the crac in the ground *e#ow the

thorny scru*s near Rita "nn &ote#. Jayesh had then to#d -hany that Vishnu was going

to come to my p#ace on 5.2.15 and urther insisted upon to #odge report against me+

with the po#ice. &ence+ on 1A.2.2015+ on getting annoyed " a#se#y stated that Jayesh

committed murder o the deceased. Jayesh did not commit Vishnu?s murder rather "

sing#e handed#y committed his murder. ter committing the murder+ " ept concea#ed

the shirt that " was wearing+ my cyc#e+ the nie which " had used to cut the nec and

the a*domen (o Vishnu) and Vishnu?s mo*i#e. " here*y wi## tae out and produce a##

the artic#es and te## you the spot where " had cut Vishnu?s nec.

" started gi'ing the said memorandum at 11.00 am and conc#uded it at

12.

11th kshan moot problem final

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