5th National Trial Advocacy Competition (Virtual) 2024 Trial Proposition PDF

THE KERALA LAW ACADEMY LAW COLLEGE, PEROORKADA, THIRUVANANTHAPURAM. 5TH NATIONAL TRIAL ADVOCACY COMPETITION (VIRTUAL) 2024 TRIAL PROPOSITION  2 DISCLAIMER Thi...

THE KERALA LAW ACADEMY LAW COLLEGE, PEROORKADA, THIRUVANANTHAPURAM. 5TH NATIONAL TRIAL ADVOCACY COMPETITION (VIRTUAL) 2024 TRIAL PROPOSITION  2 DISCLAIMER This Trial Proposition is solely for the purpose of the 5th National Trial Advocacy Competition (Virtual) 2024. The contents of the same are purely imaginary and neither intends nor attempts to resemble any incident or any person living or dead. All materials, names, characters, locations, dates etc. in the trial proposition are fictitious and do not intend to or attempt to hurt the feelings or sentiments of any community or degrade the values and ideologies of any group of people, religion or individual. Any resemblance to the same is unintended and merely a coincidence.  3 LIST OF DOCUMENTS 1. First Information Statement 2. First Information Report 3. Inquest Report 4. Postmortem Certificate 5. Deposition of Cedric D’ Souza (CW 1) 6. Deposition of Radhakrishna Panickker (CW 2) 7. Deposition of Ammukutty Amma (CW 7) 8. Recovery Mahazzar based on Disclosure Statement of A2 9. Recovery Mahazzar based on Disclosure Statement of A1 10. Seizure Mahazzar of bill from Atul’s Herbal Health Tonic 11. Seizure Mahazzar of bill of Ekulax 12. Chemical Analysis Report 13. Deposition of Xavier (CW 12) 14. Deposition of Roopesh (CW 13) 15. Deposition of Dr. Nirmala (CW 15) 16. Deposition of Village Officer (CW 16) 17. Deposition of Vimal Kumar (CW 17) 18. Deposition of Rajendra Prasad (DW 1) 19. Deposition of Sathya Prakash (DW 2) 20. Deposition of Praseeda (A2) as (DW 3)  4 21. Final Report 22. Photo of Dead Body 23. Material Objects (It is to be duly noted that, only CW 2, CW 12, CW 13, CW 17 and CW 15, from the Prosecution’s side and DW 1, DW 2, and DW 3 from the Defense’s side shall be provided by the Organizers for the Trial.)  5 DOCUMENT- 1 FIRST INFORMATION STATEMENT The statement of Cedric D’Souza, aged 55, Gloria, Vazhuthoor (P.O)., Neyyattinkara before the Inspector of Police, Neyyatinkara. I heard cries from neighbouring house of Radhakrishna Panickker at about 2.20 pm on 02/07/2024. I rushed to there and found Radhakrishna Panickker sitting on a cot and crying where his son Deepak was lying on the cot with froth coming from his mouth. I asked what has happened to Deepak. Radhakrisha Panickker told that his son had gone for a lunch to the house of his fiancée Praseeda. He returned around 2. pm and complained of severe uneasiness. He said that he had lunch with Praseeda and thereafter she gave a health concoction. He consumed it which was bitter and having pungent smell. After consuming it he felt uneasiness and then returned to his home. After telling this he became unconscious. Froth was coming from his mouth. Then Radhakrishna Panickker called Doctor Nikhil, who was practicing in a nearby clinic. He after examining Deepak declared that Deepak was dead. Doctor said that it is suspected poisoning and hence should be reported to police. Then I came to the police station to report the matter. Time: 3 PM 02/07.2024 Sd/- Neyyattinkara Police Station Cedric D’Souza  6 DOCUMENT-2 FIRST INFORMATION REPORT First information of a cognizable crime reported under Section 173 BNSS Police Station - Neyyatinkara Police Station District - Thiruvananthapuram (Rural) Number - 160/2024 Date & hour when reported - 02/07/2024 at 3 PM Brief description of offence with Section of Law One Deepak, residing at Vrindavanam, Vazhuthoor, Neyyattinkara was reported dead by one Cedric D’Souza, neighbor of Deepak at about 3 Pm on 02/07/2024. Cedric D’Souza, heard cries from the house of Radhakrishna Panickker, his neighbour at about 2.20 pm. Radhakrishna Panickker was sobbing near Deepak, his son, who was lying on a bed with froth coming from his mouth. Radhakrishna Panickker told to Cedric D’Souza that Deepak had gone to the home of Praseeda, his fiancée for lunch and returned about 2.00 pm. He reported severe uneasiness and told that he had consumed a health concoction given by Praseeda after the lunch. It was bitter in taste and was having pungent smell. After consuming it, he felt severe uneasiness and returned to his house. After telling this he became unconscious. Panickker brought Dr. Nikhil, who was practicing in a nearby clinic. After examination doctor declared that Deepak was dead. Section of law – 103 BNS The First Information Statement by Cedric D’Souza is attached herewith. Place of occurrence and distance and direction from the police station Place - House by name Vrindavanam, Vazhuthoor, Neyyattinkara Distance - about 1 km from the Neyyattinkara Police Station Direction - South East of the Police Station  7 Name and address of accused Praseeda, the fiancée of Deepak (address to be ascertained) Steps taken regarding investigation Inspector and party to move to the occurrence site at 3.30 pm, soon after FIR was registered. Arranged inquest by A.S.I. Date and time of dispatch from Police station 3.30 pm / 02/07/2024 Signature of Informant Signature of Inspector of P.S.  8 DOCUMENT-3 INQUEST REPORT FIR No.160 /2024 Crime No. : 215/2024 Neyyattinkara Police Station Report of investigation on the body of a person found dead at a house by name Vrindavanam at Vazhuthoor on 02/07/2024. 1. Name, sex, age, residence of deceased Person Deepak, Male, age 26, S/o Radhakrishna Panickker, Vrindavanam, Vazhuthoor(P.O) , Neyyattinkara 2. By whom first found dead, were Dr. Akhil, at Vrindavanam house 3. By whom last seen alive and, in whose company, Radhakrishna Panickker, father of deceased in his residence 4. Height, colour and description marks 170 cm, medium dark colour, no injuries 5. Married or Single Single 6. State of Corpse, its posture, state of limbs, eyes, mouth, wounds if any, list of property on body Corpse is lying on the bed in the bed room of the deceased. Lying in East-West direction. The bed is on a coat which is 1 foot from the wall on the east side and touching the wall on the west side. Height is 170 cm. Lying in a supine position Eyes closed. Mouth closed, Froth has come from the side of the mouth, which has drenched the bed sheet. Froth is brownish in colour and pungent smelling. Wearing blue jeans, gray t-shirt, blue underwear, a citizen watch on the left hand. No other wounds on the body.  9 7. Minute description of exact spot where corpse was found First room on eastern side adjacent to the drawing room of the house. There is a coat on the eastern side of the room. Corpse is lying on that cot. 8. By what relative body is recognized and their statement in brief Recognized by Radhakrishna Panickker, father of the deceased. Radhakrishna Panickker stated that Deepak, the deceased had gone to the house of his fiancée Praseeda for a lunch. He returned around 2.00 pm in a very uneasy condition. Deepak had told Radhakrishna Panickker that he consumed a health concoction given by Praseeda after lunch. It was bitter in taste and pungent in smell. He felt uneasy after consuming it and returned to his home. After this statement deceased fell unconscious. Froth was coming from his mouth. Dr. Nikhil who examined him declared that Deepak was dead. 9. Apparent cause of death Consumption of poisonous substance 10. Any sign of violence Nil 11. On whose order corpse is send for post mortem. Name of police officer who took charge of the body for sending for post mortem. Under the orders of Inspector of Police, Neyyattinkara Police Station. Body took charge by ASI Ratheesh, who took body for post mortem to Taluk Hospital, Neyyatinkara. 12. Date and time of commencement of inquest 02/07/2024 Commenced- 4.30 pm Completed- 6.30 pm  10 13. Name and signature of witnesses 1. Balagopalan – (Sd/-) 2. Patrick – (Sd/-) 14. Name and signature of officer, who prepared Inquest report Ratheesh, ASI, Neyyattinkara Police Station (Sd/-) 15. Name and signature of Station House officer Inspector, Vimal Kumar SHO, Neyyatinkara Police Station (Sd/-)  11 DOCUMENT – 4 POSTMORTEM CERTIFICATE P.M. No. 210/2024 I, Dr. Prasanth, Police and Forensic Surgeon, Govt. Taluk Hospital, Neyyattinkara certify as here under: General Findings Dead body of a male namely Deepak, aged 26 years, was sent by Inspector of Police, Neyyattinkara Police Station with a requisition dated 02/07/2024 through ASI Ratheesh for conducting postmortem examination and report. The body was in charge of ASI Ratheesh, who identified it as that of the deceased in Crime 215/2024 of Neyyattinkara Police Station. The postmortem examination commenced at 8.30 AM on 03/07/2024 and concluded at 11 AM on the same day. The following findings were observed: Body of well-built and nourished adult male of height 170 cm and weight 65 kg. Eyes closed, conjunctive congested, pulmonary edema, cornea clear, pupils dilated, face livid, other external body orifices were normal. Froth from mouth dried on the chin. Finger nails bluish. A cloth was brought which contained dried froth, Rigor mortis feebly present at jaw, neck and fully retained on other parts of the body. Post mortem staining was seen on the back. There was no sign of decomposition. Body was not kept in refrigerator. Injuries Antemortem – No injuries  12 INTERNAL FINDINGS Brain was congested and edematous. Frothy fluid in respiratory tracts. Lungs were congested and edematous. Stomach was half full with undigested rice, vegetables and a dark brown liquid having very pungent smell. Liver congested and yellow patches were found in the liver. Echymotic hemorrhage were found all along the intestines. Urinary bladder was empty. Viscera and sample of blood preserved and send for chemical analysis. Opinion as to cause of death Preliminary findings are consistent with death due to poisoning. Final findings reserved pending the chemical examination report. (Sd/-) Dr.Prasanth Forensic and Police Surgeon Govt. Taluk Hospital Neyyattinkara Forwarded to Inspector of Police Neyyattinkara Police Station  13 Deposition of Cedric D’Souza (CW1) I am Cedric D’Souza, Gloria, Vazhuthoor (P.O), Neyyattinkara. I am a neighbor of Ramakrishna Panickker. On 02/07/2024, I heard cries from the house of Ramakrishna Panickker at about 2.20 pm. I went there and saw Panickker sobbing near his son Deepak, who was lying on the bed in the bed room. On enquiry Panickker told that his son had gone to the house of Praseeda, his fiancée, for lunch on 02/07/2024. He returned at about 2.00 pm and was in a very uneasy state. He has told that after lunch Praseeda gave him a health concoction which was very bitter and pungent in smell. He became very uneasy after few minutes of consumption of that concoction. He then returned to his home. On arrival he was very uneasy. After narrating the incident Deepak fell unconscious. Froth was coming from his mouth. Panickker called Nikhil, a doctor practicing in a nearby clinic. He came and examined Deepak. Doctor declared that Deepak is dead, probably due to poisoning. Doctor asked me to report the matter to police. I came to the police station and filed a First Information Statement at about 3 pm. Police registered FIR at about 3.30 pm. They gave me a copy of FIR. After that I returned.  14 Deposition of Radhakrishna Panickker (CW2) I am Radhakrishna Panickker, Residing at Vrindavanam Vazhuthoor (PO), Neyyattinkara. Deepak, deceased is my son. My son was in love with Praseeda. She invited him for a lunch on 02/07/2024. He left my house at about 12 noon. He returned at about 2.00 pm. He was very ill and on a serious uneasy condition. He told me that after lunch, she gave him a health concoction. It was very bitter and pungent in smell. After consuming it he felt extremely uneasy. He returned from her house at about 1.45 pm and reached his home at 2.00 pm. After narrating the incident, he fell unconscious. Froth was coming from his mouth. Dr. Nikhil who was practicing in a nearby clinic was summoned. He examined Deepak and said that he was dead. He also opined that death might have caused by poison. Cedric D’Souza, my neighbor, came to my house on hearing my cry. The doctor suspected it a death due to poisoning and hence directed Cedric D’souza to report the matter to the police. Accordingly, he went to report the matter to the Police Inspector, Neyyattinkara Police Station and party came to my house around 3.45 pm. They inspected the room and the house where Deepak died. They took a statement from me wherein I had narrated the above incident. Inspector left my house at about 4 pm. ASI Ratheesh conducted the inquest and transported the body to Neyyattinkara Taluk Hospital at about 6.30 pm. Later I heard that inspector arrested Praseeda and her mother from their house on 02/07/2024. Another party of police arrested Ramachandra Panickker, uncle of Praseeda from his house. Cremation of Deepak was conducted on 03/07/2024 at about 3 pm after the post mortem.  15 Deposition of Ammukutty Amma (CW 7 ) I am Ammukutty Amma, aged 65 years, residing at Ram Vilas, Vazhuthoor (PO), Neyyattinkara. My house is opposite to the house of Praseeda (A2) which are on either side of Neyyattinkara-Kattakada road. I was standing near my gate on 02/07/2024. Praseeda and her boyfriend Deepak came out of their house at about 1.45 pm. Deepak went out in his scooter and Praseeda saw him off. I asked her whether there was any special function in her house. She told it was her birthday and Deepak came to attend lunch as part of her birthday. He had left for his home after lunch. At about 4 pm, police came and I went to her house to enquire what has happened. People around told that police have come to investigate since Deepak is dead. After sometime Praseeda accompanied police and showed a place where earth was freshly dug. Police recovered a bottle from the pit where the earth was freshly dug. They later took Praseeda and her mother in the jeep.  16 Recovery Mahazzar based on the confession of Praseeda (A2) involved in Crime 215/2024 of Neyyatinkara Police Station Praseeda (A2) stated in her confession that she would show the place where the bottle having label Atul’s Herbal Health Tonic with its contents are buried. She led police to the backside of her house. She showed the place behind a banana plantation. Freshly dug earth was seen there. On excavation, a bottle with lable Atul’s Herbal Health Tonic was seen in the pit. It was seized in the presence of independent witnesses. Seized the bottle and sealed in the presence of witness. Mahazzar commenced at 5.15 pm and completed at 5.45 pm on 02/07/2024. Place : The backside of the House of Praseeda (A1) (Sd) Inspector Witnesses 1. Prabhakaran 2. Ram Kumar  17 Recovery Mahazzar based on the confessio of Ramachandra Panickeer (A1) involved in Crime 215/2024 of Neyyatinkara Police Station Ramachandra Panickker (A1) showed a heap of newspapers in the store room in his house at Vazhuthoor. On removing newspapers a bottle with label ‘Ecalux’ containing a brown liquid was rcovered. This was seized and sealed under independent witnesses. Mahazzar commenced at 9 am and completed at 9.30 am on 03/07/2024 Place : The house of Ramachandra Panickker (A1) (Sd) Inspector of Police Neyyattinkara Witnesses 1. Damodaran 2. Kesavan  18 Seizure Mahazzar of copy of bill No. 140//01/07/2024 of Atul’s Herbal Health Tonic sold to Ramachandra Panickeer(A1) from the shop of Atul’s Herbal Health Tonics, Neyyattinkara Atul’s Herbal HealthTonic shop owner Xavier, identified Ramachandra Panickker as the person who purchased one bottle of Atul’s Herbal Health Tonic on 01/07/2024. He showed the copy of bill No. 140/ 01/07/2024 with regard to the purchase. The stock as per the barcode on the label of the bottle and bill was tallying. This receipt was seized in the presence of witnesses. Mahazzar commenced at 10 am and completed at 10.30 am on 03/07/2024. Place : Atul’s Herbal Health Tonic Shop of Xavier. (Sd) Inspector Neyyattinkara PS Witnesses 1. Xavier, Atul’s Herbal Health Tonic 2. Rajappan,ward member, Neyyattinkara muncipality  19 Seizure Mahazzar of copy of bill No. 156/01/07/2024 of Ecalux sold to Ramachandra Panickeer(A1) from the shop Deccan Pest and Fungus Control Agency, Neyyattinkara Owner of Deccan Pest and Fungus Control Agency, Neyyattinkara Roopesh identified Ramachandra Panickker, who was brought to the shop by police, as the person who purchased one bottle of Ecalux on 01/07/2024. He showed copy of bill No. 156/01/07/2024 regarding the sale of Ecalux to Ramachandra Panickker. The stock as per the barcode on the bottle and bill was tallying. This receipt was seized on the presence of witnesses. Mahazzar commenced at 11 am and completed at 11.30 am on 03/07/2024. Place : Deccan Pest and Fungus Control Agency, Neyyattinkara (Sd) Inspector Neyyattinkara PS Witnesses 1. Roopesh, Owner of Deccan Pest and Fungus Control Agency 2. Narayana kurup,Headmaster,Government L.P.School,NEyyattinkara.  20 Office of Chief Chemical Examiner Forensic Science Laboratory Trivandrum B-307/24 Chemical Analysis Report of Viscera and Blood Viscera and blood samples involved in Crime 215/2024 were preserved during postmortem examination at Government Taluk Hospital, Neyyattinkara and were sent for chemical anlaysis. Following are the findings 1. Viscera contained undigested rice, vegetables and dark brown liquid with pungent smell. Chemical analysis of the viscera contents revealed presence of quinalphos, organo thiosulphate chemical. Blood Blood samples on chemical analysis contained quinalphos 22 ng/100 ml of blood which is exceeding the hazardous level of 20 ng/ 100 ml of blood. (Sd) Dr. Nirmala Chief Chemical Examiner Govt. Forensic Science Laboratory Trivandrum Trivandrum 25.07/24  21 Office of Chief Chemical Examiner Forensic Science Laboratory Trivandrum B-308/24 Chemical Analysis Report of Atul’s Herbal Health Tonic and Ecalux One bottle with label Atul’s Herbal Health Tonic with contents was send in a sealed condition by Judicial First Class Magistrate, Neyyattinkara involved in crime 215/2024 of Neyyattinkara Police Station for chemical analysis and report. They were examined at Forensic Science Laboratory, Trivandrum and results are as follows: Item 1 The contents contained in Atul’s Herbal Health Tonic bottle contained quinal phos, organothio sulphate chemical used as pesticide. Item 2 The contents contained in Ecalux bottle contained quinalphos, organothio sulphate chemical used as pesticide. (Sd) Dr. Nirmala Chief Chemical Examiner Govt. Forensic Science Laboratory Trivandrum Trivandrum 25.07.24  22 Deposition of Xavier (CW 12 ) I am Xavier, Proprietor of Atul’s Herbal Health Tonic Co. Police brought Ramachandra Panickeer, who is known to me, to my shop on 03/07/24. Police gave one bottle with label Atul’s Herbal Health Tonic to me. I verified the Bar Code on the label with the stock particulars in my accounts and found that it is the same bottle of tonic that I sold to Ramachandra Panickker on 01/07/2024. Deposition of Roopesh (CW 13 ) I am Roopesh, owner of Deccan Pest and Fungus Control Co. Police brought Ramachandra Panickeer, who is known to me, to my shop on 03/07/2024. Police gave one bottle with label Ecalux to me. I verified the Bar Code on the label with stock particulars in my accounts and found that it is the same bottle of Ecalux that I sold to Ramachandra Panickker on 01/07/2024.  23 Deposition of Dr. Nirmala (CW15 ), Chief Chemical Examiner at the Govt. Forensic Science Laboratory, Trivandrum I am Dr. Vimala, Chief Chemical Examiner at the Govt. Forensic Science Laboratory, Trivandrum. I have been working as the Chemical Examiner for 15 years and Chief Chemical Examiner for 10 years in this laboratory. I have done chemical analysis of more than 1000 samples involved in various crimes. I have received a preserved parcel containing Viscera and blood samples involved in Cr. 215/2024 from the Doctor who conducted postmortem at Govt. Taluk Hospital, Neyyattinkara. Viscera contained undigested rice, vegetables and dark brown pungent smelling liquid. On chemical analysis it is observed that viscera contained quinalphos, a hazardous chemical. Blood samples were also chemically analysed. Blood contained quinalphos in dangerous limit of 22 ng/ 100 ml of blood which is exceeding the dangerous limit of 20 ng/ 100 ml of blood. I have received a preserved parcel containing a bottle labeled Atul’s Herbal Health Tonic with some concoction in it from Judicial First Class Magistrate, Neyyattinkara, involved in crime 215/2024 of Neyyattinkara Police Station. The concoction contained quinalphos, a dangerous chemical. I have received a preserved parcel containing a bottle labeled Eculax with dark brown liquid inside it from Judicial First Class Magistrate, Neyyattinkara, involved in crime 215/2024 of Neyyattinkara Police Station. On examining the pungent smelling liquid it was found that it contained quinalphos, a dangerous chemical.  24 Deposition of (CW 16) Village Officer, Vazhuthoor Village, Neyyattinkara I am Village Officer Vazhuthur. I have visited the crime scene involved in Crime 215/2024 of Neyyattinkara Police Station on 03/07/2024 and prepared plan and sketch of the crime scene showing the house of Deepak, Praseeda, Ammukutty Amma,Ramachandra Panikker and also the Neyyattinkara Police Station.  25 Deposition of Vimal Kumar, Inspetor, Neyyattinkara Police Station (CW 17 ) I am Vimal Kumar, Inspector, Neyyattinkara Police Station and investigating officer of Crime 215/2024 of Neyyattinkara Police Station. One Cedric D’Souza, Vazhuthoor came to the police station at about 3 pm on 02/07/2024 and reported that one Deepak has died and provided a First Information Statement. Based on his statement FIR 160/2024 was registered at 3.30 pm. I and police party reached the house at about 3.45 pm where the dead body was lying. Dead body of Deepak was lying on a bed in the bed room with froth coming from his mouth. I questioned Ramakrishna Panickker, his father, who informed that Deepak had gone to the house of his fiancée, Praseeda to attend a lunch as part of her birthday at about 12 noon on 02/07/2024. He returned at about 2.00 pm in a serious condition. He went to his bedroom and lay in his bed. He told his father that after lunch Praseeda gave him a health drink saying that it will enhance his sex power. It was bitter in taste and pungent in smell. After sometime he felt uneasiness and then returned to his home on his scooter. After saying this much he fell unconscious. Ramakrishna Panickker brought Dr. Nikhil, working in a nearby clinic to examine Deepak. Doctor after examination informed that Deepak is dead. He also opined that froth from the mouth and its pungent smell indicated that it was poison which caused his death. He instructed Cedric D’Souza, neighbour of Ramakrishna Panickker to report the incident to police, who came at about 2.40 pm to the police station and gave FIS in writing at about 3.00 pm on 02/07/2024 and FIR 160/2024 was registered at 3.30 pm. Crime 215/2024 was also registered.. The dying declaration of Deepak clearly indicated that he consumed something poisonous in the house of Praseeda. Hence myself and party rushed to her house and reached there at about 4 pm. On questioning her she confessed that the health drink she gave caused uneasiness and severe ill health to Deepak. She also confessed that the death of Deepak was informed by her uncle Ramachandra Panikker at about 3.15 pm and her uncle (A1) had instructed to bury the bottle containing the health drink.  26 Accordingly, she dug a pit behind her house and buried the bottle in it. After arresting her, her confession was recorded and bottle of health drink was recovered from the pit in the presence of independent witnesses. Her mother also confessed that her brother had instructed her not to reveal anything regarding lunch and health drink to police. She was also arrested. Another party of police arrested Ramachandra Panickker, uncle of Praseeda. ASI Ratheesh conducted inquest as per my direction Inquest commenced at 4.30 pm and completed at 6.30 pm. Body thereafter was send to Govt. Taluk Hospital, Neyyattinkara for post mortem. Ramachandra Panickker (A3) was questioned and he confessed that he had purchased Ecalux, a pesticide from Deccan Pest and Fungus Control Company on 01/07/2024 and purchased Atul’s Herbal Health Tonic from the shop of Xavier. He confessed that Ecalux bottle was hidden under the Waste newspapers kept in his store room in his house. Based on the disclosure Ecalux bottle was recovered from his storeroom, which was seized in the presence of independent witness. A1 was taken to the shop of Xavier from where he had purchased health drink on 01/07/2024. Xavier identified A1 and provided the copy of the bill for the sale of Ecalux to A1 on 01/07/2024. The barcode on the label of health drink tallied with the stock maintained in the shop and the bill. This was seized after drawing up mahazzar. Statement of Xavier has been recorded during the investigation. A1 was then taken to the shop of Roopesh where Ecalux was purchased on 01/07/2024. Roopesh identified A1. He also provided the copy of the bill for the sale of Eaclux to A1 on 01/07/2024. The barcode on the label of the bottle recovered from the house of A1 tallied with the stock and bill. Statement of Roopesh has been recorded during investigation. The postmortem was conducted on 03/07/2024 at Govt. Taluk Hospital, Neyyattinkara. Preliminary report suggested that death was caused due to poison. Viscera and blood samples were sent for chemical examination to confirm the cause of death. The health drink with bottle recovered from the house of A2 and Ecalux bottle  27 with contents recovered from the house of A1 were also send for chemical examination. Chemical examination confirmed the death due to the presence of quinalphos in the contents of viscera send for chemical examination. The chemical examiner has stated this during investigation The presence of quinalphos was confirmed in health drink send for chemical examination and the contents of Ecalux bottle send for chemical examination, which has also been stated by the chemical examiner during investigation. Those are conclusive evidences that Deepak, died due to quinalphos in the health drink given by Praseeda on 02/07/2024. The health drink and Ecalux which contained quinalphos were purchased by Ramachandra Panickker (A1) who mixed health drink with ecalux and gave it to Praseeda for serving to Deepak, fully knowing that it would cause his death. Meenakshi, mother of Praseeda is A3, who wanted her daughter to marry Akhil instead of Deepak. She conspired with A1 and provided the health drink containing quinalphos to Praseeda which caused the death of Deepak. She also tried to suppress the evidence by assisting Praseeda to bury the health drink containing bottle behind her house. Ramachandra Panickker, Meenakshi and Praseeda have conspired with common intention to kill Deepak so that she could marry Akhil. Hence A1, A2, A3 are liable for punishment under Section 61(2) BNS Ramachandra Panickker had hidden the Ecalux bottle in his house. Praseeda had buried the health drink with bottle behind the house. They have thus suppressed the evidence. They are liable for punishment under Section 238 BNS Praseeda gave the health drink which has caused the death of Deepak. Ramachandra Panickeer mixed health drink with Ecalux which on consumption caused the death of Deepak. Meenakshi persuaded Praseeda to give the health drink to Deepak, which caused his death. Hence A1, A2 and A3 are liable to be punished under Section 103 BNS  28 Deposition of Rajendra Prasad (D W1) I am Rajendra Prasad, friend of deceased Deepak, staying at Prasad villa, Chenkal, Neyyattinkara. Myself and Deepak were friends from school days. We both studied together in the Polytechnic from where we both got Diploma in Mechanical Engineering. He was in love with Praseeda (A2). They had decided to marry. On 25/06/2024, I got a letter (Ext D1) from him stating that Praseeda is planning to marry another man called Akhil. He had written in the letter that he would commit suicide by consuming Ecalux, a pesticide, if she will not marry him. On next day I met him and consoled him. After that we did not meet or had any contacts. On 02/07/2024, I got the information that he died at about 2 pm on that day. I believe that he has committed suicide as mentioned in his last letter to me.  29 Deposition of Sathya Prakash (DW2) I am Sathya Prakash, the General Manager of Kerala Fabrications. The deceased Deepak was an employee in my firm. He has sent many communications to my firm on his own handwriting. He had sent a letter requesting to make him permanent in my firm. That letter is what is now produced by defense advocate (marked as Ext. D2). I can easily recognize Deepak’s handwriting since he has sent several latters to my firm in his own handwriting. The letter produced as Ext D1 is written in Deepak’s own handwriting.  30 Deposition of Praseeda (A2) as (DW3). I am Praseeda, aged 23, residing at Praseeda bhavan, Vazhuthoor, Neyyattinkara. Police have arrested me in crime 215/2024 of Neyyattinkara Police Station for the death of Deepak. Myself and Deepak were in love and had decided to marry. During that period, Akhil, an army man, proposed to marry me. I was against that marriage, but my uncle Ramachandra Panickker and mother insisted for that marriage. I had informed this to Deepak. My birthday was on 02/07/2024. I invited him for the lunch. He came at about 12 noon. He wanted a promise from me that I will only marry him. I told we can talk after lunch. We talked for some more time and finished lunch by 1.30 pm. After that he asked me to promise that I will only marry him. I said that uncle and mother are putting pressure on me for the marriage with Akhil and hence I am not in a position to promise as desired by him at that point of time. After the lunch, he got furious when I refused to promise that I would marry him. He then took a bottle from his pant pocket and poured a brown liquid into the herbal health drink, which I had kept on the table for both of us to drink. He became unwell and wanted to return to his home. Later he left for his home in his scooter. Ammukutty aunty (CW 7) had seen myself seeing off Deepak. I had told her that Deepak had come for lunch as part of my birthday and was returning after lunch. I came to know about his death through uncle at about 3.15 pm. When the Police came to my house, they seized both the health drink bottle and the bottle left there by Deepak. They buried the health drink botte under a banana plant in the backyard of my house. They later dug out the bottle in the presence of some witnesses. Inspector told that both myself and mother are arrested. Inspector also directed a policeman to take the bottle left back by Deepak to my uncle’s home for evidence to be collected there. This is the Truth. The deposition by the investigation officer is incorrect and is fabricated.  31 FINAL REPORT (Under Section 193 BNSS) Before the Court of the Additional Sessions Judge, Neyyattinkara Sessions Case No. 190/ 2024 Name of Complainant State of Kerala Represented by Station House Officer Neyyattinkara Police Station in Crime No. 215/ 2024 Name of accused A1 Ramachandra Panicker S/o Gopalan Panicker Aged 60 Puthen Purayil Veedu Vazhuthoor, Neyyattinkara A2 Praseeda D/o Meenakshi Aged 23 Praseeda Bhavan Vazhuthoor, Neyyattinkara A3 Meenakshi D/o Raghu Aged 45 Vazhuthoor, Neyyattinkara Brief History of the case Deepak, aged 26, S/o Radhakrishna Panicker, Vrindavanam, Vazhuthoor, Neyyattinkara, died in the bed room of his house on 02/07/2024. He came back from the house of his fiancée, Praseeda (A2) in a critical state after having lunch with her. Post mortem report revealed that poison in the food had caused his death. Police questioned A2, who admitted that she had lunch with him on 02/07/2024 and after lunch she gave a concoction, which her uncle A1 had given to her with an instruction that Deepak should be told that this would enhance his sexual power. He consumed the concoction served by A2, thereafter he fell sick and rushed back to his house, which  32 was about 01 km away on his scooter. The father of the deceased stated to the police that, on arrival at his house, Deepak, collapsed. He brought a doctor from a nearby clinic, who declared him dead. Prosecution case as per final report under Section 193 BNSS Cedric D’Souza (CW1) neighbor of Radhakrishna Panicker came to Neyyatinkara police station and lodged a First Information Statement (Ext. P1) about 3 PM on 02/07/2024 stating that Deepak, a neighbor of him is declared dead by a doctor. Froth was coming from his mouth, which according to the doctor, might be due to poisoning. First Information Report No. 160/2024 was recorded in the Neyyattinkara Police Station by SHO Vimal Kumar (Ext. P2). This was completed at 3.30 PM. Thereafter SHO and party rushed to the house of the deceased, where his body was lying. They reached there at 3.45 PM. SHO cordoned off the room where the body was lying on a cot. On questioning Radhakrishna Panciker (CW2), the father of the deceased, revealed that, Deepak had gone to the house of A2, Praseeda, who was his fiancée, at about 12 noon, to attend a lunch as part of her birthday on 02/07/2024. He returned on his scooter at about 2 pm, fully exhausted and in a critical state. He straight away went to his bed room. CW2 rushed after him and called him. Deepak told in a very weak voice that he had lunch at Praseeda’s home and after lunch she gave a concoction. He consumed it which was very bitter and pungent. He had burning sensation in the stomach. Froth was coming from his mouth. Panicker checked the pulse which was very weak. He rushed out and brought Dr. Nikhil, who was practicing in a nearby clinic. Doctor examined Deepak and declared that he was dead. Section 180 BNSS statement of CW2 is Ext. P3. Dr. Nikhil is CW3. SHO instructed ASI Ratheesh to prepare the inquest and send the body to the Neyyatinkara Taluk Hospital for postmortem. Inquest report is Ext. P4 and ASI Ratheesh is CW4. Witnesses to the inquest are Balagopal CW5 and Patrick CW6 who are neighbours of Ramakrishna Panicker  33 (CW2). SHO immediately rushed to the house of Praseeda (A2). On questioning she confessed as follows: She and Deepak were lovers. Deepak wanted to marry her for which she also had agreed. Deepak was a mechanic in a workshop who was holding a diploma in Mechanical Engineering. His father was an agriculturist and mother a house wife. He was the only child. Praseeda’s father is no more. She lives with her mother Meenakshi (A3). Praseeda is also the only child of her parents. During that period, Akhil, an army man came with a proposal to marry Praseeda. Praseeda opposed it and stated that she will only marry Deepak. Her maternal uncle Ramachandra Panicker (A1) wanted Praseeda to marry Akhil, since he was in a better financial position. Her mother also supported this alliance. Praseeda informed this proposal to Deepak, who asked her not to agree to it. He also threatened that he would commit suicide by consuming Ecalux if she would not marry him. Due to the pressure from uncle and mother, Praseeda agreed to forget Deepak and to marry Akhil. Uncle told her that he would give her a concoction which she should give to Deepak. If he consumes it, he would forget Praseeda. Deepak should not be told this fact, instead, he should be told that concoction would enhance his sexual power. Uncle thereafter gave a bottle containing the concoction to Praseeda, the bottle was labeled Atul’s Herbal Health Tonic. Meenakshi (A3) was party to all those arrangements. 02/07/2024 was the birthday of Praseeda. She invited Deepak for lunch. He arrived at about 12.30 pm. They finished lunch by 1.30 pm. Thereafter she gave the concoction saying that it would enhance his sexual power. He consumed it and told that it was very bitter, pungent and was burning his internal organs. He told that he wanted to go back to his house and immediately rushed back on his scooter. Ammukutty Amma, neighbor of Praseeda stayed exactly opposite to her house across the other side of the road. She saw at about 1.45 pm both Praseeda and Deepak  34 near Praseeda’s gate. Deepak was riding his scooter. Praseeda told Ammukutty Amma that Deepak was returning after lunch with her. Ammukutty Amma asked what was the special dish for the lunch. Prasseda replied that it was a vegetarian feast. After the feast a health concoction was also given to Deepak. Ammukutty Amma ( CW 7) Praseeda’s uncle called Praseeda (A2) at about 3.15 PM and informed that Deepak is dead and police may come to their home at any time. He also informed that the concoction given to Deepak contained poison. He instructed her not to reveal anything regarding the concoction to any body and also instructed to bury the bottle containing concotion. Accordingly Praseeda dug a pit behind their house and buried the bottle with concoction. SHO and party came to her house at about 3.45 pm and after questioning informed her and mother that they were under arrest. Praseeda in her confession to police stated that she would show the bottle with concoction to police behind her house where it was buried. She showed the place from where the bottle was dug out in the presence of witness Prabhakaran, School Headmaster , L.P. School (CW8 ) and Ramkumar, Ward Councilor of Neyyattinkara Municipality (CW9). SHO prepared a recovery mahazar in the presence of witnesses. The house of Praseeda was sealed. A2 and A3 were taken under custody and after medical examination were brought to the police station for lockup. Another party of police meanwhile rushed to arrest Ramachandra Panicker (A1) who was arrested from his home at about 4.30 pm. He was also brought to the police station for lockup after medical examination. On detailed questioning A1 confessed that he provided the concoction to Praseeda on 01/07/2024 after mixing with pesticide Ecalux. He told her and mother that if consumed, Deepak would forget Praseeda. He also instructed not to tell this to Deepak, but only tell that it would enhance his sexual power. He also confessed that the concoction was purchased on 01/07/2024 from Atul’s Herbal Health Tonics, a herbal shop.  35 He also confessed that Ecalux was purchased from Decan Pest and Fungus Control agency on 01/07/2024. He confessed that he mixed Ecalux with herbal concoction on 01/07/2024 and provided to Praseeda on the same day and instructed her to invite Deepak for lunch on 02/07/2024 and to serve the concoction mixture to him for consumption. His sole intention was to kill Deepak, otherwise Praseeda would not consent for the marriage with Nikhil. SHO recorded the confession from AI and subsequently as shown by A1 recovered the Ecalux with balance pesticide in it from the store room in the house of A1 under a heap of used newspapers. Recovery was witnessed by Damodaran (CW 10) and Kesavan(CW11) who are neighbors of A1 Recovery mahazzar was drawn up. Police also raided Atul’s Herbal Health Tonics from where the copy of bill No. 140/1/7/24 regarding the sale of Herbal Concoction sold to A1 was seized.. The owner of the shop Xavier gave a statement that the concoction mentioned in the bill was sold to one Ramachandra Panicker. The owner identified A1 who was brought by police to the shop. Statement of Xavier under section 180 BNSS is recorded. Xavier is CW 12. Police also raided Deccan Pest and Fungus Control Agency. They seized bill copy No. 156/1/7/24 regarding the sale of Ecalux to A1. The owner of the shop Roopesh stated that ecalux mentioned in the bill was sold to one Ramachandra Panicker on 01/07/2024. He also identified Ramachandra Panicker who was brought by police to the shop. His statement under section 180 BNSS was recorded. Roopesh is CW 13. Xavier, shop owner of Atul’s Herbal Health Tonics identified the bottle recovered from the house of Praseeda (as per her disclosure in her confession) as the one sold by him on 01/07/2024 based on the barcode on the bottle and the corresponding particulars in the bill. Roopesh, owner of Deccan Pest and Fungus Control Agency identified the bottle of ecalux recovered from the home of A1 (as per his disclosure in his confession)  36 as the one sold by him on 01/07/2024 based on the barcode on the bottle and the corresponding details in the bill. Post mortem was conducted by Dr. Prasanath, who is CW 14 who provided the postmortem certificate The viscera was send for chemical examination. A1, A2 and A3 were produced before the Judicial First Class Magistrate I, Neyyattinkara at 1 PM on 03/07/2024. Police requested for custody which court granted for 3 days. Police recreated the crime with A1, A2 and A3 and recorded their confession statements. Police produced accused before the Magistrate on the expiry of the police custody. Thereafter they were remanded under Judicial Custody. Their bail application were rejected by the Magistrate Court. Chemical examination result of the viscera concluded that death was due to consuming poison containing Quinalphos which is a component in the pesticide Ecalux. The bottle and the contents recovered from the house of A2 was also send for chemical examination. Chemical examination report also concluded that the concoction contained in the bottle had presence of quinalphos sufficient to cause death which is a constituent of pesticide ecalux.. The bottle and its contents recovered from the house of A1 contained quinalphos. Chemical examination report in this regard is Ext. P14. All chemical examination reports were prepared by Dr. Nirmala, the Forensic Scientist at State Forensic Science Lab, Trivandrum. She is CW 15. The confession statements of A1, A2 and A3 clearly prove their involvement in the crime. A1, A2, A3 have committed criminal conspiracy which is punishable under Section 61(2) BNS. A1 and A2 have committed murder which is punishable under Section 103 BNS, A1, A2 and A3 have committed suppression of Evidence which is punishable under Section 238 BNS. The postmortem report and chemical examination reports clearly prove that the death was caused due to quinalphos, which is a constituent of pesticide Ecalux. Last  37 seen together of A2 with the deceased has been stated in the section 180 BNNS statement of CW7. The dying declaration of deceased to his father that he had lunch with A2 and thereafter she gave a concoction which on consumption caused severe illness to him clearly prove that death was due to the poison contained in the concoction which was given to the deceased for consumption after the lunch. There is clear proof for the purchase of concoction and poison by A1. The barcode on the bottles correspond with corresponding details in the bills seized from the shops from where they were purchased. Hence the source of the products which caused the death is also proved. Village Officer, Vazhuthoor has prepared the sketch and plan of the crime scene. Village Officer, Chandran is CW 16. The final report was submitted to Judicial First Class Magistrate I, Neyyatinkara on 02/09/2024, the 60th day of the judicial remand. Hence Magistrate denied bail to them. Magistrate committed the case for trial before the Additional Sessions Court of Neyyatinkara. Final report under Section 193 BNSS was submitted by Inspector, Vimal Kumar, investigating officer is CW 17. Charge Witnesses CW 1 - Cedrik D’ Souza, who filed FIS CW 2 - Radhakrishna Panicker, father of the deceased Deepak CW 3 - Dr. Nikhil CW 4 - ASI Ratheesh, who prepared the inquest report CW 5 - Balagopal, witness to the inquest CW 6 - Patrik, witness to the inquest CW 7 - Ammukutty Amma CW 8 - Prabhakaran, witness to the recovery at Praseeda’s (A2) House  38 CW 9 - Ramkumar, witness to the recovery at Praseeda’s (A2) House CW 10 - Damodaran, witness to recovery at the home of A1 CW 11 - Kesavan, witness to recovery at the home of A1 CW 12 - Xavier, owner of Atul Herbal Tonic CW 13 - Roopesh, owner of Deccan Pest and Fungus Control Agency CW 14 - Dr. Prasanth, who conducted postmortem CW 15 - Dr. Nirmala, Forensic Scientist CW 16 - Village Officer, Chandran CW 17 - Vimal Kumar, Investigating Officer Defence witness DW 1 – Rajendra Prasad, friend of deceased Deepak DW 2- Sathya Prakash,employer of deceased DW 3- Praseeda,A2 PHOTO OF DEAD BODY 39  40 Material Object 1 (MO 1)  41 Material Object 2 (MO2)