In the Court of Sessions, Durg, Xanadu, Bharat

State of Xanadu
Vs
1. Manohar & 2. Rahul
S.C. No. 111 of 2015
Outline for Trial Advocacy Moot problem 2015
1.

Manohar (Mano) lost his parents in an accident when was 10. He is very bright and studious and
wanted to become a doctor.

2.

His uncle (Fathers elder brother) Karan, who stays in Durg Xanadu, Bharat was very much
attached to his younger brother and took Manohar under his wings. Karan has a son, Raghav who
is an average student. He is about the same age as Manohar. Both though grew up together never
got along too well.

3.

Karan often advises his son to emulate Mano and requested Mano to help him out with his
studies. Mano would often encourage Raghav by telling him that it is important to study well to
become rich and powerful and gain others respect.

4.

Though Raghav did not mind it in the beginning, frequent references to Mano often irritated him
and he developed a dislike to Mano. For Raghav, Mano was an arrogant and over ambitious
person who could go to any lengths to attain success and wealth. Raghav hated certain habits of
Mano such as sitting for hours late at night with his friend fiddling with his computer. They
would at times be simultaneously working on his lap top and the desk top as if they were on a
mission.

5.

Mano scored good marks in +2 and gained admission in a reputed private medical college TMC
in 2013. A senior college professor Mr. Deshpande took a keen interest in Mano as Mano was a
bright and sincere student. Mano considered him as his mentor and guide. He would share all his
problems with him. Mano made friends while in college. His friends are affluent and ambitious.
Mano was influenced by their ideas, goals and lifestyle. He wanted to be like them. He liked the
idea of being rich and powerful. In October 2013, Manos friends planned an adventure trip for
which Mano sought his uncles permission. Karan thought of the trip and unwanted and
dangerous therefore he told Mano not to go. Pressurized by his friends especially Rahul, Mano
caved in. Mano told Rahul that he did not have the money to make the trip and that it would be
best if he did not go. But Rahul told him that he could borrow the money from him and return it
to him in installments. Mano was delighted and thanked Rahul for his generosity. His desire to
live an opulent lifestyle like his friends made him borrow money from Rahul at regular intervals
and that became a habit. His debt had now accumulated to more than Rs 1 lakh. One day Rahul
required some money for an emergency situation so he started pressurizing Mano to return his
money. Mano requested him to wait for some time and that he would return the money owed to
him in tranches. To this Rahul got angry and lashed out at Rahul saying that he wanted the whole
amount back within 1 week.
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6.

Rahul wanted to become a tech guru but was forced to take up medicine due to family pressure.
You could take Rahul out of the tech world but you couldnt take the tech world out of Rahul.
Such was Rahuls reputation in TMC. He could hack into the attendance bio-metric system and
manipulate attendance records. Such was Rahuls skill when it came to technology. In his free
time, Mano would often be found with Rahul eager to know what could be done through
technology. Rahul once told Mano how he could transfer money from his fathers bank account to
his own without the latter knowing.

7.

Karan, Manos uncle occasionally takes alcoholic drinks with his friends. Of late due to pressure
of work in his office, he started drinking at regular intervals and started drinking at home also.
This was detested by his wife Devika and his son Raghav and they openly expressed their
displeasure. There were a few quarrels at home due to his drinking habits.

8.

Mano also did not like this habit, but since everybody was against it, he was supportive to Karan
and attended to his basic needs and provided emotional succor much to the chagrin of other
family members. This led to further deepening of bond between Karan and Mano. Due to this
Karans family became hostile towards Mano. Devika once even mentioned out loud that Mano
was close to Karan only because of his money and the benefits which he received from him.
Karan laughed at Devikas comment while Mano put his head down and left the room seething.

9.

Karan was a self made man, very intelligent and hard working. He has amassed considerable
wealth during his stint abroad and has a sound financial background.

10.

Due to irregular food habits and drinking, Karan drifted into obesity that led to high BP and
increase in cholesterol. Doctors advised him to be careful with his food habits and also
consumption of alcohol. They warned that overeating, irregular food habits, tension coupled with
alcohol may lead to deterioration of health and could be life threatening in the long run. He also
tested positive for blood sugar (diabetes).

11.

Mano also exhorted Karan to give up drinking. He echoed the doctors words.

12.

Actually Karan was worried about so many things. The pressure at office, at home with his wife
and son Raghav in respect of his closeness to Mano etc. He was very depressed and thought that
Mano will be left helpless if something happened to him. He remembered the help extended by
his elder brother for his studies abroad. He also remembered the promise he made to him at the
time of his death at the hospital to take care of Mano.

13.

Karan during his employment had taken a few insurance policies to take care of his income tax
commitments. At that time Sun Insurance Co. had come up with a new policy that offered 1 crore
benefit on death for an annual premium of 1 lakh and 2 crore for 2 lakhs. Karan was quite well
off at that time and was in good health. He had taken the 2 crore policy and nominated Mano as
the benefactor in case of his death. Neither his family members nor Mano was aware of this fact.

14.

On May 21, 2014 Karan fell very ill and was in a depressive mood for a long time. Mano sat by
his side and consoled him. Mano was also very sad and depressed seeing Karans condition. At
that time Karan told Mano that he may not live longer and Mano need not worry as he has

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provided for him if anything happened to him. He informed Mano about the policy and where to
find it. Mano replied that he should not talk like this and nothing would happen to him.
15.

Karan replied that he knows that his family members would not take care of him properly in the
event of his death. He also put some money in Manos account for his day to day expenses and
told him to ask him if needed more. He also gave him permission to transfer small amounts to his
account in case of emergency but keep him informed positively. Mano joked and told Karan that
if he continued to be so generous to him, one day he will run out of money to which Karan
replied that he had made enough for the next two generations to come.

16.

Mano who was pressurized by Rahul to return the money, found it hard to ask his uncle for
money. One night Rahul came for a sleep over to Manos place. Rahul connected a small USB
look-a-like into Karans computer which enabled them to decrypt his uncles online banking
password and transferred money to his account. This happened on a few occasions. Rahul came
to know about the insurance policies that were in Manos name. Rahul always reminded how rich
Mano could be if his uncle had to go on a long journey. Listening to this both Rahul and Mano
would have a good laugh.

17.

On July 4, 2014 Karans condition worsened. His BP shot up and the tests showed high
cholesterol; he had diabetes on top of that he was obese. His doctor Mr. Choudhary changed his
medication. He prescribed some strong medicines and strictly told him not to consume liquor.
Normally, Mano would attend to him. When he is off to college, Mrs. Devika would attend to
him. Later Karans condition improved and he started to go to office to attend to some important
work.

18.

Due to Karans ill health, Devika was taking care of the financial matters of the house. She
stopped paying the semester fee for Mano which was due. Manos name was displayed on the
notice board of his college as a defaulter and notice was given to him to pay the fees with fine
before August 1, 2014. When Karan returned from office, Mano was in a bad mood and asked
Karan why his college fee was not paid. Karan was also in a bad mood due to the argument he
had with his boss. He had also quarreled with his wife and Raghav earlier that day. So when
Mano questioned him about the fees, he was angry and shouted at Mano that he was an
insensitive brat. All he cared was about his college fees and that he was very selfish and has no
feeling for Karan. Mano felt very bad and hurt. Devika also joined Karan and abused Mano. All
these years he was taken care by Karan and now that he is grown up he should take care of
himself and stop being selfish. Mano was angry and shouted at Devika. Karan immediately
intervened and chided Mano saying that he dare not speak to his wife in that manner. Mano felt
let down. Hurt & angry he left the place immediately.

19.

Next day i.e. August 2, 2014 Mano sat with Karan before he left for college. Karan was feeling
better but did not speak anything. He held Manos hand affectionately and there were tears in his
eyes. He gestured to Mano to get his bag that contained his lap top and whispered to him to
transfer some money to Manos account to pay his college fees. Then he dozed off due to the
effect of medicine and sedatives administered by the doctor. The doctor prescribed Amlodipine
for high BP, Metformin for diabetes, Acamprosate for reducing intake of alcohol and Orlistat for

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obesity. Karan would always take the medications himself. He hated it when somebody either
tried to remind him or search his cabinet for the medications.
20.

Mano opened the lap top as he has done many times on earlier occasions. He tried to open
Karans bank account to transfer money. But he could not as the password was not appropriate.
He opened a folder where he found a file containing his account and password details. He opened
(Bharat Bank) the bank account of Karan and transferred Rs. 2.50 lakhs to his account towards
college fees and towards his pocket expenses. Normally Karan used to transfer 2.25 lakhs to his
account every semester. After this Mano left for college.

21.

The next day i.e. August 3, 2014 Mano sat with Karan before leaving for college. Karan was
feeling fine and was telling Mano that he should go to office that day if possible. Mano was
advising him to take some rest. Karan was enquiring about his studies. Suddenly Karan started
coughing heavily. He complained of chest pain and was gesturing that he has pain in the stomach
too. Mano was lo oking for the pain killers for chest pain. He has studied about the effect of
medicines in the medical college. He could not find them immediately. Dr. Choudhary was not in
town and was not picking his phone. So Mano took a pen and wrote the name of a medicine
Angispan in liquid form to be administered by a syringe. He yelled at Raghav to get the medicine
immediately. Raghav immediately rushed to the nearest pharmacy i.e. Mohan pharmacy and got
the medicines. Karan took the syringe and administered the pain killer via intravenous as Karan
was not in a position to swallow the tablet. He has seen this procedure and practiced during his
training at the Altis hospital attached to his medical college TMC while treating alcoholics.

22.

Karan was quite for about ha lf an hour. Suddenly he developed fits and seizure and was moaning
heavily and collapsed. Mano and Raghav tried to revive him but failed. Raghav informed Devika
about the developments and she reached home within half an hour.

23.

While arranging the belongings of Karan prior to the rituals Raghav and Devika found a few
insurance policies and the bank pass books. When they found that there was an Insurance policy
for 2 crores that was nominated to Mano, they were furious and became suspicious about the
death of Karan. Their suspicion fell on Mano and his actions in the last two days before Karans
death. They also came to know of the transfer of 2.50 lakhs from his account to Manos account.
Devika immediately telephoned the police station and informed the police about their suspicion
with regard to the circumstances leading to the death of Karan.

24.

The police reached the spot within half an hour. They examined the premises and took into
possession the documents & items mentioned in Annexure II. After preliminary investigation,
the police sent the body for post mortem. On conducting post mortem the doctors realized that it
was a very sudden and unnatural death and they might need to send some internal organs for a
forensic test. After following the formal procedures the internal organs were sent to the Forensic
Lab. After the post mortem the hospital released the body of Karan. He was brought home and
then cremated. The laptops, desk top and the USB which were taken into possession by the police
were also sent to the forensic lab for a detailed forensic examination.

25.

Next day i.e. on August 4, 2014 Dr. Choudhary returned from his trip and immediately came to
Karans home. Mano and Raghav and Devika explained what happened. When he knew that the
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paper on which Mano wrote the medicine was his prescription he was furious. Mano had on
discovering that the piece of paper used by him to write the medicine was Dr. Choudharys
prescription called him and told him this. He shouted at Mano in front of everybody. He chided
him asking whether he knew the effect of combining medicines that were incompatible. Though
the medicines as such were harmless, but the combination could be fatal if proper care and timing
was not followed. Mano was devastated and pleaded innocence. He said he was not aware of the
sedatives taken earlier and all he meant was to save him from pain as the medicines he
administered were common and generally used in these situations. After all Karan was his father
too.
26.

Mano and Rahul were later arrested for the murder of Karan. They were thereafter remanded to
judicial custody.

27.

On completion of the investigation the police forwarded the Final Report (Charge sheet) to the
Magistrates Court. The Court took cognizance of the report and thereafter committed the case to
the Court of Sessions in Durg, Xanadu. After complying with the statutory requirements, the
Court of Sessions framed charges against the accused:
a. Manohar Bharat Penal Code: Sections 302, 465 r/w 34, 120B and Information Technology
Act 2005: Sections 66 & 66C
b. Rahul Bharat Penal Code: Sections 302, 465 r/w 34, 120B & 109 and Information
Technology Act 2005: Sections 66 & 66C

The laws of Bharat are analogous to the laws of India.

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LIST OF WITNESSES:
1.

Mano (The accused) (DW1)

2.

Rahul (Manos Friend)-co-accused (DW2)

3.

Professor Deshpande (DW3)

4.

Raghav (PW1)

5.

Devika (PW2)

6.

Dr. Choudhary (DW4)

7.

Ayush The Pharmacy attendant (DW5)

8.

Dr. Kalra Doctor who conducted the Post Mortem (PW3)

9.

Hashmeet - Computer expert (PW/DW)

10.

Dr. Bhatia Coroner (Pathologist) (PW 5)

11.

Aamir Ali Investigation officer (PW 6)

[For the purposes of the competition it is to be presumed that Mr. Manohar Lal (A 1) Mr. Rahul (A2) has
consented to be examined as witnesses during the trial. However, as per the rules of the competition the
teams may examine all or some (a minimum of 4) of the 11 witnesses within the time allotted to them.]
LIST OF EXHIBITS
1. Desk top computer
2. Karans lap top
3. Manos lap top
4. Prescription of Dr. Choudhary
5. Keylogger mass storage device look-a-like
6. Syringe
7. A packet/box of medicines
8. Hard Drive

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ANNEXURE - 1
FIRST INFORMATION REPORT
1.

District: Durg, Xanadu PS: Durg PS Year: 2014 FIR No: 113/2014 Date: 3 Aug 2014

2.

Act:
(i)

Manohar Lal: Bharat Penal Code, 1860: Sections 302 & 465 r/w 34 and Information
Technology Act, 2000: Sections 66 & 66 C; and

(ii)

Rahul Gulati: Bharat Penal Code, 1860: Sections 302 r/w 34 & 109 and Information
Technology Act, 2000: Sections 66 & 66C.

3.

Occurrence of Offence: 3 Aug 2014, Time from: 8.30 a.m. Time to: 10.00 a.m.

4.

Information recorded by: Inspector Sood

5.

Type of Information: Written / Oral: Oral complaint

6.

Place of Occurrence: Direction/Distance from PS: Residence of Mr. Karan, 6, Tilak Road, Durg,
Xanadu, Bharat about 2 Km west from Police Station. Beat No: 41B

7.

Complainant/Informant, Name: (self) Ms. Devika, Date of Birth: 24.10.1961 Nationality: Barat
Passport No: IB5535342, Date of Issue: 13.08.2009

8.

Basis on which FIR is lodged: 1. Oral complaint by Ms. Devika

9.

Details of Known/Unknown/Suspected accused with full particulars: Suspected persons Mr.

Manohar Lal, Age 27, S/o Mr. Jiwan Lal and Rahul Gulati, Age: 26 S/o Jitender Gulati

10.

Reasons for delay in reporting by the complainant/informant: NA

11.

Particulars of Injuries sustained: NA

12.

Particulars of Post Mortem Report: NA

13.

Post Mortem report done by: NA

14.

Inquest report/ Unnatural death Case No. if any .. NA

15.

Brief Facts of the case: The complainant has stated that her husband i.e. Karan was wrongly
administered with a drug through intravenous which led to his death. The persons accused in this
case are Mano, a third year medical student, who was Karans nephew, administered the drug and
Rahul who was Manos friend. Both of them conspired together to murder Karan for his money.

16.

Action taken (Since the above information reveals commission of offence (s) u/sas mentioned at
item No.2: Aamir Ali, Rank: S.I. has taken up theInvestigation.

17.

F.I.R. read over to complainant admitted to be correctly recorded and a copy given to the
complainant free of costs.
Sd/Signature/ Thumb impression of
the Complainant/Informant

Sd/Signature of Officer:
Name: Vinod Kumar
Rank : ASI.
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ANNEXURE - 2
PANCHNAMA/MAHAZAR

On August 3, 2014 at 11.00 am the investigating officer visited the house of Mr. Karan. After observing
the place and taking statements, he prepared a sketch. The following items were taken into possession in
front of witnesses:

1.

Dr. Choudharys prescription for Karan;

2.

Anti-depressants Prozac 2;

3.

Used Syringe 4;

4.

Oxycontin 7;

5.

Karan and Manos laptop 2;

6.

Small USB look-a-like hardware device;

7.

Desktop - 1.

8.

Hard drive - 1

Mr. Lavine Hirani and Ms. Anuja Jhunjhunwala, neighbours of Mr. Karan resident of Durg, Xanadu,
Bharat present on the scene consented as eyewitnesses and have attested the Panchnama

Sd/Aamir Ali
Investigating Officer
Witnesses:
Sd/-

Sd/-

Lavine Hirani, #13,

Anuja Jhunjhunwala, #15,

Lakeview Apartments,
Guru Tek Bahadur Road,
Durg, Xanadu, Bharat.

Lakeview Apartments,
Guru Tek Bahadur Road,
Durg, Xanadu, Bharat.

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ANNEXURE - 3
POST MORTEM REPORT
ALTIS MEDICAL HOSPITAL
PM No. 3

Date: 03.08.2014

NAME OF DECEDENT: Karan

SEX: Male
AGE: 55
HEIGHT: 5 feet 11 inches, 180 cms
WEIGHT: 140 kgs
HABITS: Alcohol consumer
HOME ADDRESS: # 14 Lakeview Apartments, Guru Tek Bahadur Road, Durg, Xanadu, Bharat
DATE AND TIME OF DEATH: About 5 hours before the Examination
IDENTIFICATION MARKS: Black Mole on the Right Cheek
BY: SI Aamir Ali
REQUISTION RECEIVED ON: 3 August 2015 at10.30 hours
CLOTHES: White Kurta, white pajama, white vest, black boxers, Hawaii chappal.
PATHOLOGICAL DIAGNOSIS
Adult male suffered cardiac arrhythmia which led to cardiac arrest which could be due to drug cross
reaction.
The following viscera were preserved and sealed for chemical analysis :
a. Stomach and its contents;
b. Upper part of the small intestine (about 30 cm in length and its contents)
c. Liver not less than half kilogram;
d. One kidney or half of each;
e. 100ml blood; and
f.

Heart.

EXTERNAL EXAMINATION
The body is that of an adult male measuring 180 cm and weighing 140 kilograms. The body is obese and
inconsistent with the age of 55 years. The scalp is round. The nose is long. The mouth and lips are red.
The tongue is white and long. Total no. of teeth present are 29 and are white. The ears are bilateral
9 of 20

prominent. White Kurta, white pajama, white vest, black boxers, Hawaii chappal. Full rigor mortis. The
scalp hair is white and short. Facial hair is prominent. Suggestive that the deceased has not shaved for 2-3
weeks. The corneas are cloudy. The irises are grey. The mouth contains natural teeth. The ears, nose and
mouth show no abnormalities. The neck is of normal configuration and there are no palpable masses. The
extremities are symmetrical and normally developed. Identifying marks include a birthmark on the bottom
centre part of the back and a mole on the right cheek. There is evidence of emergency medical
intervention in the form of cardiovascular pulmonary resuscitation.
EVIDENCE OF INJURY
At the time of the post mortem there is no physical injury.
INTERNAL EXAMINATION
The organs occupy normal positions, and all the internal organs are in a state of autolysis. There are no
adhesions or mass lesions.
Head and Neck: Brain weighs 1350 grams. There no injuries
Cardiovascular System: The heart weighs 450 grams and is arrhythmic.
Respiratory System: The Right lung weighs 510 grams and left weighs 490 grams.
Digestive System and Liver: The stomach contains fresh food particles, which includes fruit and rice.
The liver weighs 1600 grams. The gallbladder contains 9cc of bile. The pancreas is otherwise
unremarkable.
Genitourinary System; The right and left kidney weighs 150 and 170 grams respectively. The calyces,
pelvis and ureters are patent and unremarkable. The urinary bladder contains approximately 786 cc of
urine.

The intestines are unremarkable and carry partially digested mater.

The spinal cord is intact.

There are no signs of decomposition.

The viscera have been preserved.

Postmortem Concluded at:

3 August 2014 at 16.00 hours
Opinion:
Death due to cardiac arrest which was triggered by drug over dose/ cross reaction.
Body organs removed were sent for de tailed examination.
Sd/Dr. Kalra
Medical Officer

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ANNEXURE - 4
FORENSIC REPORT
Examinations requested:
1. Stomach and its contents;
2. Upper part of the small intestine (about 30 cm in length and its contents)
3. Liver not less than half kilogram;
4. One kidney or half of each;
5. 100ml blood; and
6. Heart.
Examination of the heart:
The heart is weak and arrhythmic. Froth formation found in the artery.
Examination of the Liver:
The anatomy of the liver seems altered. Cirrhosis detected in the liver. The liver is damaged.
Examination of the Blood:
High level of alcohol has been detected along with high level of toxins. Potassium level 2.5 mmol/l
(millimoles per litre).
(i)

The deceased was on prescription drugs.

(ii) In the present case, the drug was administered through the intravenous delivery system.
(iii) The heart is frothy which shows that there was air embolism.
(iv) Traces of glyceryl trinitrate have been found in the blood of the deceased. Atherosclerosis has
been found. Arteries are damaged. Walls of the arteries are hard and narrow.
(v) Intravenous are of two types push and infusion. The former being administered into the vein by a
syringe and the later which is also administered into the vein but by way of a catheter and a drip
bag. Air embolism occurs when there is air in the syringe or in the bag attached to the drip. Air
bubbles can travel to the heart or the lungs or the brain. This can cause a heart attack, stroke and
respiratory failure. Air embolism can also cause low blood pressure. Air embolisms are very rare
in cases where intravenous was given by a medical professional.
Conclusion:
Death due to air embolism in the artery thereby causing blockage to oxygen rich blood reaching the heart
causing damage to the heart. Damage to the heart led to arrhythmia which further led to cardiac arrest.

Dr. Bhatia
Pathologist
6 August 2014
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ANNEXURE - 5
STATEMENT OF WITNESSES
(Statements under Section 161 of the Code of Criminal Procedure Code, 1973)
1. Mano - Accused
My name is Manohar Lal. When I was 10 years old my parents passed away in a car accident. Since then I
have been staying with my uncle i.e. Karan. He, his wife Devika aunty and Raghav have been the only family I
know. They have loved me and treated me like their own. I am forever grateful to them. By their blessings I
scored good marks in +2 and could get admission in one of the best medical schools in Bharat. Even though
the fees for the medical schools is astronomically high, my uncle always encouraged me to pursue my dream
of becoming a doctor. He paid the fees for my medical school and also took care of my daily expenses. I
though I could take up a part time job to fund my daily expenses. But due the busy schedule of the medical
school I was unable to do so and at times I felt really bad that uncle had to bear the burden of my studies and
that I was a burden on them. There was immense pressure on me to perform well in my studies. I wanted to do
well, get placed in the best hospital and return the favor to uncle and his family. At medical school, most of the
students were either second or third generation doctors from very affluent parts of the society. It was very hard
to cope up with their standards as they had no dearth of money. I was intimidated by them but I knew that the
only way to achieve what they have was to study hard and do well in my studies.
Life at home was very simple just like any other home. I was very fond of Raghav. He was like a younger
brother to me. I felt very duty bound to make sure he learnt the best in life and that he understood the
importance of having parents. But as I entered high school I could not spend much time with Raghav as I had
extra classes at school and pre-medical coaching after school hours. Uncle and aunty were both very loving
and calm people and would seldom get angry. But when I was in +2 things started to change. Uncle started
coming late from work. Most of the times he skipped dinner and breakfast. It was unlike him to be like this.
This change brought a lot of frustration in the family. Aunty started getting irritated and there would often be
fights in the house. Of late uncle started drinking at home though he used to drink outside but never at home.
Things started to turn from bad to worse. Uncle usually transferred money into my account for my college fees
and also my daily expenses. But due to his drinking habits, he would forget because of which I had to suffer a
lot. I had to often borrow money from my friends. I took this issue up with uncle. He told me that I could ask
him for money and if there need be I could transfer money from his account. It is only with his consent that I
transferred a prescribed amount of money into my account.
On May 21, 2014 Uncles suddenly became ill and he had to go to Dr. Choudhary who was our family
physician. He subjected uncle for a few tests. The results of the tests were shocking. Uncle was suffering from
diabetes, high blood pressure, high cholesterol. Moreover, he had become obese. He was put on a strict diet
which he never followed. Dr. Choudhary had given strict instructions to check whether uncle was taking his
medicines at the proper time. Further he was asked to stop the intake of alcohol. Aunty became very upset after
Dr. Choudharys diagnosis of uncle. Both she and Raghav started to detest him. I felt very bad and comforted
him. We used to go walks. He shared with me that there was lot of pressure on him at work and now even at
home he could find no solace. Life had become very hard for him. Even his family was not supportive of him.
He told me clearly that if something happened to him, his family would abandon him. I told him that if he took
care of himself everything would be ok. He then told me about the insurance policy for 2 crores he had taken
nominating my name as the benefactor. As he told me all these things deep inside I was worried. On July 4,
2014 his health began to deteriorate and he fell ill and his reports were not good. He had high BP and
cholesterol levels were touching the ceiling. Dr. Choudhary prescribed heavy dosage of medicines. Uncle
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recovered well and started going to work. Everything became normal and it seemed as though life was back on
track. But I discovered that my semester fees was not paid. You do not know how it feels to be ridiculed in
front of your classmates when such things happen. I went home and asked uncle as to why the fees was not
paid? He lashed out at me saying that I was insensitive and spoilt and that I needed to learn some manners. He
was saying things as if someone had put them in his mouth. Even aunty lashed out at me for no reason. I tried
to defend myself but uncle intervened and sided with aunty. Next day, uncle was remorseful and told me that
aunty was handling the accounts and she might have inadvertently missed out remitting the semester fees. I
apologized to him for my behavior. He told me to bring his lap top and transfer money for fees and daily
expenses. As he was saying that he dozed off. The next day uncle feeling fine and wanted to go to office but I
told him that he needed to rest. Suddenly while talking he started complaining about chest and stomach pain
and collapsed. I called for Raghav who was sitting in the other room. We looked for the medication for chest
pain but could not find it. So I wrote a Angispan on a piece of paper and directed Raghav to purchase it from
Mohan Pharmacy. It is only later on that I realized that the piece of paper where I wrote the medicine was Dr.
Choudharys prescription. Raghav rushed out an returned with the medicine. Uncle was in serious condition. I
took a syringe and administered Angispan into his veins. He revived after a few minutes but suddenly
collapsed. We called up the hospital and drove him there. We took him through the emergency gate. The oncall doctor said that there was no pulse and that CPR would have to be done. CPR was done but it was too late,
uncle had given up. It was such a shock to all of us. I did not kill my uncle nor did Rahul conspire along with
me to kill him. He was all I had. Why would I do such a thing? I am innocent and so is Rahul.
2. Rahul (Co accused)
I am a III year student of medicine at TMC. I hate doing medicine because I want to become a tech guru. I am
a Napster fan. I love the way technology has molded our lives. I cannot imagine life without technology. I am
Manos classmate and friend. I know Mano since the first year of college. Mano is a good friend who excelled
in his studies. He has a bright future ahead of him. Mano and I used to hang out a lot. We always had lunch
together. During exams I would come over to his place for studies. The thing actually that made us friends is
surprisingly not that we are in the same profession or we are classmates but our common interest in technology
and how we are an integral part of it. We liked to experiment a lot with our computers whenever we could find
time from our busy schedules. The death of his uncle did not surprise me because he was reckless and never
took care of himself. Mano couldnt do such a thing because he thought highly of his uncle and always had the
utmost respect for him. He would never even back talk or rebel against his uncle. For him, his uncle was
everything. He always wished for the well being of his uncle and desired to work hard and return the favor one
day.
3. Professor Deshpande
I am a Professor at TMC for the past 30 years. I have seen many students come and go. But I have never seen
anyone like Mano. His is bright and hardworking. He is responsible both at college as well at home. I say this
because I know that his parents died when he was yet a child. He has been raised by his uncle. Of late he was
stressed out. It had to be something at home because his grades were the highest in class. He told me that his
uncle was not keeping well and that he was very worried. I told him that he being a bright student of medic ine
should take care of his uncle to the best of his capability. So we used to talk a lot about his uncle and how best
Mano could take care of him. He was concerned about his uncle as he was like a father to him. He also told me
that his uncle was reckless and did not care about his health. He would drink at times. Get angry for no reason.
Moreover he had to face a lot of hostility from his aunt Devika and brother Raghav. It has been hard on him
after his uncles death on top of that he is being blamed for murdering him. He tried to save his life. There is
always a 50 -50 chance when your dealing with life and death situations. Let me ask you something, does
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every person who takes medicines lives? No! Our body is complex. We as doctors can only try to save lives,
the rest is destiny! How many innocent people go the gallows, does that mean the investigating officer or other
officers of the police department should be punished?
4. Raghav
I am Mr. Karans only son. I was 8 years old when Manos dad i.e. my uncle passed away. To be honest I
never liked Mano because I thought he was like a parasite living in our house. I was the apple of my fathers
eye until Mano came to our home to stay. What Mano did became a yard stick to which I was supposed to
measure up to. I did not have any breathing space. Moreover, Mano was good in his studies. He would always
top his class. My father wanted me to be like him. I too wanted to be like him but my fathers obsession with
him made me change my mind. My father saw Mano as responsible and hardworking whereas for me Mano
was irritating, over-ambitious and arrogant. He could never behave like a child even when we were children.
Since he joined TMC, he was oozing with confidence as if that was all a man could wish for. He made new
friends who influenced him into believing that being rich and powerful was the only way to gain respect in life.
He became possessed with this feeling. There was no heart left in him. All his decisions would have to have
logic and reason. Never would he once feel from his heart. He did not care about birthdays or get-togethers. Of
late he would come home with Rahul his friend and fiddle with the desk top and at times would connect his
laptop to it and sit there for hours together doing something. This was not something persons practicing
medicine would be doing. I have never seen my father drinking or smoking but one fine day when I returned
home I found him drinking. I immediately informed my mother about this. She and father had a bitter spat that
day. When I tried to intervene he told me to mind my business as he could do whatever he wanted. Both I and
my mother showed our disdain over our fathers new found habit. But Mano always sided with father and
encouraged him and comforted him. This continued for a couple of years. The day of my fathers death too
Mano was sitting with my father in the living room. I was in the other room watching TV. Suddenly a heard
Mano shouting at me and beckoning me to come to the living room. I saw that my father had his hands on his
chest as he crashed to the floor. I did not know what to do. Mano and I started looking for the medicines but
couldnt find it. So we tried calling Dr. Choudhary but couldnt reach him as his phone was not reachable. Dr.
Choudhary had gone out of station. Be that as it may, Mano wrote something and asked me to run and get the
medicine from Mohan Pharmacy because that was the nearest pharmacy to our house. I ran to the pharmacy
and returned with the medicines as per Manos directions. Mano administered the medicines via intravenous.
Soon my father regained consciousness and we helped him back on his feet and asked him to sit down. He sat
down and drank a liquid which was placed in a flask on the side of the table. We were relieved to see him
relaxed and leaning back on the couch. I returned to my room to switch of the TV and as I came back into the
living room father started collapsing again. We tried to revive him but failed. I telephoned my mother Devika
about the incident and she reached home within 30 mts. While arranging the belongings of my father, for
preparing for the rituals to be performed, my mother and I found a few insurance policies and bank pass books.
We found a policy worth Rs. 2 crores nominated to Mano and thought something was fishy. We also found
that Rs. 2.50 lakhs was transferred from my fathers account to Manos account. We became suspicious and
called the police.
5. Devika
I am Devika, Karans wife. I am an interior decorator and have set up my own online store for interior
decorations. We were happily married for 27 years. Eighteen years back my brother in law i.e. Karans brother
expired and we took his son Mano to stay with us under our roof. As Raghav was our only son we thought it
good for him to have company and what better company than having his own cousin to stay with us as our own
son. So now we had two sons. We were a happy family. Mano was a responsible and hardworking child. Even
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from a young age he acted very maturely. He was a true example for Raghav to follow, an elder brother for
him. But once he joined TMC he changed a lot. He would be busy with his friends in college and busy with his
computer at home. He was greatly influenced by his friends by their philosophies and ideas regarding life. He
became over ambitious. He wanted to be rich and wealthy. Many times he expressed his desire to be his own
master. He started staying aloof and was like a man possessed. At the time when my husband died I was not at
home. They called me and I reached home within half an hour. While arranging the belongings of my husband,
for the rituals to be performed, Raghav and me found a few insurance policies and bank pass books. We found
a policy worth Rs. 2 crores nominated to Mano. This was shocking to me. Why should Karan keep it secret
from me? We also found that Rs. 2.50 lakhs was transferred from Karans account to Manos account. We
became suspicious and called the police.
6. Dr. Choudhary
I am a medical doctor and have been in practice for the past 35 years. I am a general physician. Mr. Karan has
been my patient for the past 20 years. I and Karan were like brothers and we shared our struggles with each
other. I have treated him as well as his family members for every small ailment. On May 1, 2014 Karan came
to me complaining of stress, tension and depression. He also told me that he had started consuming alcohol on
a regular basis although Karan did consume alcohol for the past 10 years. I diagnosed him and asked him to go
for (i) sonography to check his liver and a (ii) blood test to check for his sugar levels and other tests for
cholesterol and blood pressure. I checked his blood pressure (BP) which was higher than normal. I prescribed
Amlodipine for high BP, Metformin for diabetes, Acomprosate for drinking problems and orlistat for obesity
and also a dose of Propofol to put him to sleep. At the time of Karans death I had gone out of station for a
week for a medical practioners conference. While I was there attending the conference I received a call at
4.30pm saying that Karan suddenly collapsed and passed away. I immediately rushed back home leaving the
conference midway. It came to my knowledge that Mano had prescribed some medicines which were given to
him while he was collapsing and that after injecting those medicines Karan revived for a while and thereafter
collapsed and died. I was furious at Mano as to how he could do that without consulting me and that too on my
prescription. He did not know what drugs were prescribed to him and questioned on what basis he
administered the drug to Karan. Mano said that he could not see a father dying again and did all that he could
to revive him. Though what Mano prescribed was the correct medicine and that is what I or any other medical
doctor in the world would give in a emergency situation but without knowing the background or medical
history of the patient is to call for trouble as did happen in this case. I have heard from Karan only good things
about Mano and his parents especially his father and how father is had helped Karan to stand on his feet and
established his business. Karan would always praise the way Mano lived his life. He would always tell me how
he wished Raghav could emulate Mano. Personally for me Mano was a very disciplined child and had learnt to
be responsible at a very young age. He had taken the difficulties and loss in his life as stepping stones to work
hard.
7. Ayush Attendant, Mohan Pharmacy
I am a certified Pharmacist for the past 10 years. I attend to a very busy pharmacy shop. We have around 100
to 200 customers each day. It is impossible to make out who bought what. The drug Angispan actually is a
very common drug for heart patients. it does not even require a prescription. But my shop has a CCTV camera
which can be accessed to know who came for what because the camera is right above the billing counter.
Thats all I can tell you. You are free to come and check the CCTV footage. Now leave me alone and let me
sell some drugs lol!

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ANNEXURE - 6
REPORT OF INVESTIGATION OFFICER U/S 173 OF THE CRPC
In the Court of the Chief Judicial Magistrate, Durg, Xanadu, Bharat
1.

District: Durg PS: Division 3, Year: 2015 FIR No. 003 Date: 03.08.2015

2.

Chargesheet No. 17/2015

3.

Date: 14.08.2015

4.

Acts Section(s)
(i)

Bharat Penal Code, 1860 Sections 302, 120B, 465 r/w 34, 109

(ii)

Information Technology Act, 2000 Sections 66 & 66C

5.

Type of Chargesheet:

(i)

Chargesheet against:

(a)

Manohar Lal, s/o Jiwan Lal.

(b)

Rahul Gulati s/o Jitender Gulati

6.

Offence as mentioned did occur as per the contents of the FIR.

7.

Original Chargesheet, supplementary to follow against the rest of the accused.

8.

I.O.: Aamir Ali Rank: SI

9.

Complainant: Ms. Devika w/o Mr. Karan

10.

Date of properties/Articles/Documents Recovered/seized during investigation and relied upon:

Recovered vide Panchnama dated 03.08.2015
(i)

Dr. Choudharys prescription for Karan;

(ii)

Anti-depressants Prozac 2;

(iii)

Used Syringe 4;

(iv)

Oxycontin 7;

(v)

Karan and Manos laptop 2;

(vi)

Small USB look-a-like hardware device;

(vii) Hard disk from the Desktop.

11.

Particulars of accused persons chargesheeted

S. No.

Name of the Accused

Status of the Accused

1.

Manohar Lal

In Custody

2.

Rahul Gulati

In Custody

12.

FIR is not false.

13.

Result of the forensic report attached.

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14.

Brief Facts of the Case:

(i)

On August 3, 2014 the deceased Mr. Karan experienced sudden abdominal and chest
pain. He was administered by Mr. Mano his brothers son who is a medical student. As
the drug was administered to the deceased, the deceased recovered but in a matter of a
few minutes he collapsed. On questioning Raghav at his residence, he said that when
his father was collapsing, he tried to reach Dr. Choudhary but could not reach him. He
states that Mano wrote a medication on a piece of paper which happened to Dr.
Choudharys prescription and asked him to get it from the nearest pharmacy i.e. Mohan
Pharmacy. Thereafter, Mano administered the drug to his father through an intravenous.
Immediately after administering the drug his father revived and he was lifted from the
ground and seated on a couch in the living room. But within a matter of a few minutes
his father collapsed again.

(ii) Mrs. Devika, the wife of the deceased informed me that she was not at the house when
the incident occurred. She was informed by her son Raghav and she reached within half
an hour. She told that while she was arranging the belongings of Karan, for the rituals
to be performed, she found the insurance policies and the bank passbooks. One policy
of Rs. 2 crores nominated to Karan and a transfer of 2.50 lakhs from his account to
Manos made her suspicious and she called the police. I asked her about the
prescription given by Dr. Choudhary. She was aware of Karans sickness. Therefore it
was no secret that Karan suffered from multiple ailments. She rushed to a cabinet
nearby and gave me the prescription. She told me that Karan would always take his
medicines on his own. He never liked interference of anyone except Manos in this
matter. I asked her to show me Karans bedroom. As we walked into the room, Devika
broke down. So I asked her to stay in the living room while I checked a few personal
belongings of Karan to which she willingly consented. The room had a French window
with an attached balcony, an attached bath, a king sized bed, two side tables, two
lamps, a couch at the far end of the room next to the French windows. I went into the
bath. I checked the mirror closet just above the wash basin and found some medication
stored there. I found a bottle of Prozac which is an anti depressant used to overcome
depression. I also found a small fridge (7.5 ltrs). I saw alcohol bottles, all but one were
half empty. I checked the waste bin just next to the couch. I saw a receipt for two
bottles of imported alcohol purchased in June 2014.
(iii) On questioning Mano, I noticed that his countenance was sad. He said that he did not
kill his uncle. He did all that he could to save his life. The drug that he administered
was a very common drug used widely for reliving a person of chest pain. I questioned
him on the mode of administering the drug as to why intravenous and why not any
other mode like oral or placing it under the tongue. He did not answer my question and
once again told me that he had not killed his uncle. I questioned him about his college
and fees. He stated that his uncle paid for his college fees and also money for his daily
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expenses. The money was transferred only by his uncle via online banking to his
account. I asked him about his friend Rahul. He stated that they were good friends.
(iv) I went to Rahuls house to question him. I asked him about his friendship with Mano.
He stated that he thought he was Manos good friend but he had used him and now he
is accused of murdering Manos uncle. He stated that he and Mano shared an equal
interest in technology and that he would go to Manos house and taught him a few
tricks for fun. He admitted to teaching Mano how to decrypt his uncles password by
installing software which would trace the keystrokes of his uncles laptop. This too he
had done because Mano insisted that he teach him these techniques. He also stated that
Mano was hated by his aunty Devika and her son Raghav. There would be constant
quarrelling in the house whenever he visited. He further stated that he often found
Karan with a glass of alcohol watching television.
(v) I enquired about both Rahul and Mano from their lecturers and college Principal who
had positive reviews about the both of them. I even questioned the college canteen
caretaker who said that he had never had any problems with the two of them either
jointly or severally. When I asked the librarian about them and what books, if any were
issued by them. She looked into her online database and said that off late she had issued
tech related magazines and books to them which was very odd considering it was a
medical college.
(vi) I asked a clerk about Rahul and Mano. The clerk did not know anything about Rahul
but he stated that Mano was a very ambitious person. He always would tell me how
much he like the Principals automatic luxury car and hope to get one someday. He also
stated that he did not habe good company and all the people that he moved about with
were politically connected people.
(vii) As Dr. Choudhary was away on his medical conference I had to wait for him. I
questioned him on his return about Karans medical history. He told me that Karan had
a drinking problem for the past decade due to which his liver was damaged and that the
half life of a medicine would be delayed due to his liver being damaged. Due to this
phenomenon all tablets would have a delayed effect on him resulting in over dosage of
the medicine. Therefore he had cautioned Karan not to consume alcohol along with
medication. He had also cautioned him about the delayed effect of a drug due to his
damaged liver and that he should not take an extra dose thinking that the drug
administered is not working. Karan had also requested me to prescribe him antidepressants which I blatantly denied him due to the large scale side effects of antidepressants. I prescribed him medication which would be for symptomatic treatment.
Even though Dr. Choudhary was bound by client-doctor privilege nonetheless he stated
that Karan would take other medications which were not prescribed by me which
actually frustrated his treatment.
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(viii) From the investigation conducted by me, I submit the following:

a. Rahul and Mano hacked into Karans laptop, installed the hardware device and
deciphered Karans net banking password using the logkey software;
b. Mano owed money to Rahul and Rahul was pressurizing Mano to return the money;
c. Mano and Rahul learnt of the insurance policies in his name;
d. Mano forged a prescription in Dr. Choudharys name and got hold of a drug which
in the usual circumstances he could not have access to; and
e. He wrongly administered the drug leading to Karans death. He was a medical
student and could have called any senior doctor from his college for advice but he
choose to take things into his own hands.
(ix) Therefore, there is probable cause that Mano and Rahul and must be tried for the
murder of Karan.
15. Refer Notice Served.
16. Dispatched.
Sd/Station House Officer

Sd/Investigating Officer

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ANNEXURE 7
Expert Witness - Hashmeet
I received the desktop and the laptops seized from the house of the deceased. I scrutinized the lap top and
the desktops and also the hard disk in detail. I also received a hardware, picture given below which is a
keylogger (figure 1) that can be attached to the desktop as shown in figure 2. Hardware-based keyloggers
do not depend upon any software being installed as they exist at a hardware level in a computer system.
Fig 1

Fig 2

The desk top and the lap tops were constantly used. I was asked to look specifically for the operations
from July 1 to August 3 2014. I found that they were both used constantly during the period. I found on
August 3 the laptop was logged in the normal way only once at 9.54 a.m.
I also found Key-logger software installed in the hard disk that was seized. This I found unusual as this
software is used to track the keying pattern of a user. If you are an expert, you can retrace the various sites
visited by a user. It can also be used to trap the passwords. These are computer programs designed to
work on the target computer's software.
Keyloggers are used in IT organizations to troubleshoot technical problems with computers and business
networks. Other legal uses include family or business people using them to monitor the network usage
without their users' direct knowledge. However, malicious individuals may use keyloggers on public
computers to steal passwords or credit card information.
All computers are vulnerable to misuse either by unauthorized users penetrating the system or by
authorized users abusing their privileges. Computer audit logs record information. If you are proficient in
the computer software, you may access the logs and find out exactly what files has been opened and when
and for what duration.
When a computer / laptop are opened by an unauthorized user, by means of technical knowledge / tools, it
is commonly known as hacking and it is illegal. In the computer security context, a hacker is someone
who seeks and exploits weaknesses in a computer system or computer network. Hackers may be
motivated by a multitude of reasons, such as profit, protest, challenge, or enjoyment.

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