School of Law, Christ University

TRIAL ADVOCACY MOOT COMPETITION, 2014

ACADEMIC YEAR: 2014 -15
INDEX

Problem..............................................
Annexure 1: FIR.............................................
Annexure 2: Charges...............................................................................................
Annexure 3: Check up Report..........................................
Annexure 4: Medical Consent Form.....................................................
Annexure 5: Statement of Witness..........................................
Annexure 6: Order sheets................................................................................................

PROBLEM

1. Emperical is a doctor practicing in Jeez Hospitals, Karnataka. He is a

specialist in Kidney transplantation and is also a veteran nephrologist. He is
engaged in practice from the last 20 years in his field of specialization.

2. Amongst a plethora of patients who consults Dr. Emperical, Mr. Pai is one
such patient. Mr. Pai is suffering from a kidney ailment and is accompanied by
his son, Mr. Junior Pai (aged around 25 years) (JP) for his consultations
with Dr. Emperical.

3. On July 1, 2014, when JP took his ailing father to consult Dr. Emperical, the
doctor suggested that his kidney be replaced and that transplantation would
result in a better survival and health of Mr. Pai. Dr. Emperical informed JP
about the costs and said that the surgery has generally been successful and that
Mr. Pai would not have to come for consultations after the surgery. When JP
asked about the risks involved, Dr. Emperical answered, As a professional, I
am supposed to tell you that there are definite risks. However, on a personal
note, these risks are seldom realized and you can safely assume the
transplantation process to be risk free for all purposes we have never had
complications.

4. Since organ transplantation in India is a procedure regulated by Law, Dr.

Emperical suggested that JP must register his fathers request for
transplantation and that he will ensure that they get a call once a cadaver organ
is available, as the family of Pais had no active donors.
5. Finally, on November 28, 2014, JP received a phone call from Dr. Empericals
assistant, Chill, who informed JP that a cadaver kidney is available and will be
ready to transplant; the assistant also suggested that the cadaver organ is to be
transplanted as soon as possible for a successful surgery. Upon hearing this, JP
informed his father Mr. Pai and the duo rushed to the hospital the same

evening, where Mr. Pai was admitted and subjected to series of preliminary
checks.
6. Dr. Emperical was summoned by the hospital upon Pais admission and he
quickly engaged his assistants to gain consent from JP in order to go ahead for
the surgery. When JP was given the consent forms to sign, he refuted because
it contained an elaborative list of risks involving the surgery, including risk to
life of Mr. Pai. The consent form also had the legal effect of absolving Dr.
Emperical and his team of all liabilities in case the risk(s) are realized.
7. However, Dr. Emperical convinced JP to sign the form stating that, this is
mere formality. We never realize this risk it is mere hypothesis that the risks
will ever be realized. So in effect, you are signing to not claim damages for a
hypothetical situation dont worry, Appa is going to be fine you care
about his health right? After hearing the doctor, JP told him, I think it is the
right thing to do, I will sign this, and thus signed the five-page consent form
while sipping hot filter coffee, strong enough to refute senses of even a regular
coffee addict!

8. Dr. Emperical and his team went ahead with the surgery and were not
successful. Mr. Pai died of septicemia and multiple heart attacks inside the
operation theatre, during the surgery. Dr. Emperical however, came out of the
operation theatre an hour later, with a smile. Judging by his smile, JP was
assured that the consent form was indeed, a hypothetical. JP was not informed
of his fathers death till later that evening when he became furious to see his
father.

9. JP was convinced that all of it was a part of a bigger plan. He enquired about
Dr. Emperical and came to know that the doctor was the great grandson of Mr.
Honey Bee Singh, with whom, the Pais had an enmity.

***********

History of the two families

10. Mr. Pais grandfather, Licka Singh, was in rough terms with Honey Bee
Singh. They had attacked each other on several occasions and were both
undergoing a criminal trial in 1970 on several charges. Once, in late December
of 1970, when Licka Singh was being crossed examined for a case involving
charges of murder, Honey Bee Singh had entered the court premises with a
Beretta M 1934 No.606824 (then commonly known as Baretta Punjab) gun
and shot straight, aiming at Lickas torso. Licka however, attempted to miss
the shot and the bullet had hit the Public Prosecutor. The Singh duo however,
could not resolve their conflict even till the time they died and each cursed the
others next generations.
11. Cursed as they were, the following generation, involving the Singh Duos
respective sons, continued the battle without even attempting settlement. It
was when Mr. Pai was born that his family decided to move out of the City of
Patiala, where they had lived for ages. Subsequently, Mr. Pai was brought up
in Bangalore, where he breathed last, at the hands of Dr. Emperical.
**************

12. Moved by this newly acquired knowledge, JP was as shocked just as he was
moved. He immediately attributed criminal motive to Dr. Empericals acts and
thought that it was all part of a bigger plan to kill his father just to resolve the
pending family conflict. In this light, JP made a decision to pursue criminal
action against Dr. Emperical. He approached Manje Gowda his good friend
and then Dy. S.P. of the Cox Town PS and told him about the situation.

13. Manje Gowda then proceeded to instruct his junior to file an FIR in this
regard. Accordingly, an FIR on charges of Murder is registered against Dr.
Emperical at PS Cox Town, which is attached. The Trial has commenced,
and next date of hearing is _______.

ANNEXURE 1
FIRST INFORMATION REPORT
(Under Section 154 of the CrPc, 1973)
Part I
District: Bangalore Urban
PS: Cox Town
Year: 2014
FIR NO: 5050
Date: 28.01.2015
Part II
ACTS: SECTIONS
IPC 1860

299/300
Part III Occurrence of Offence

(a) Day: Friday

(b) Date From: 28. 11. 2014
(c) Date to: 29. 11. 2014
(d) Information Received at PS: ____
(e) Date: 29.11.2014 Time: 0100 Hrs
(f) General Diary Reference: ____
(g) Entry No: 10A
Part IV Place of Occurrence
(a) Direction and distance form PS: North/1.0 Km
(b) Address: Jeez Hospitals, Cox Town, Bangalore

Part V Complainant/Informant
(a) Name: Mr. Junior Pai
(b) Nationality: Indian
(c) Address: 420, Nowhere Apartments, Boss Road, Bangalore 102826, Karnataka
Part VI Details of known/suspect/unknown accused with full particulars
(a) Emperical [Scribbled with deep blue fountain pen with nib 0.9 mm with lot of
force]
Part VII FIR Contents
I, Mr. Junior Pai, aged 25 years, Permanent Address: 420, Nowhere Apartments, Boss
Road, Bangalore 102826, Karnataka, do hereby state my sorrowful grievances as
under:
1. That my father has been murdered by and at the instance of one Dr.
Emperical, aged around 40 years, s/o Mr. Beetle Singh, resident of Dunno
Where, Somewhere Apartments, Bangalore, Karnataka, who knowingly and
with mala fide criminal intentions planned the said murder just in order to
settle an old enmity between our families. In order to pursue the said plan, Dr.
Emperical disguised his plan with medical treatment procedure, taking
advantage of his position.

2. I state that I did not know that Dr. Emperical was even part of the same family
with whom, our family has had a rough history. Hence, I conceded for the
treatment of my father at the hands of Dr. Emperical, who by using treatment
as a tool executed his plan of murder.

3. On July 1, 2014 I went to one Jeez Hospital, Cox Town, Bangalore with my ill
father, Mr. Pai. My father was suffering from Kidney ailments along with
High Blood pressure and weak heart issues. I was approached by two of the
hospital staff who urged me to meet Dr. Emperical who is supposedly a
specialist in Kidney transplantations and is the best in his field. One of those
two staff members was Mr. Chill, assistant of Dr. Emperical who said he can
schedule a quick and easy appointment.

4. On July 1, 2014, when I took my father to consult Dr. Emperical, the doctor
suggested that his kidney be replaced and that transplantation would result in a
better survival and health of my father. He said so in a very casual and jolly
manner.
5. We had 2 hours long consultation session during which I also inquired Dr.
Emperical about the costs involved. He informed me about the costs and said
that the surgery has fairly been successful always and that we would not have
to come for consultations after the surgery. When I further asked about the
risks involved in the surgery, Dr. Emperical answered with a lot of confidence,
that despite the literature on this, there is no apparent risk.

6. I can assure that after hearing Mr. Emperical last statement, I was relieved to a
great extent and confidant that I have come to the right person for the
treatment of my father and based on his risk assessment, did I decide to pursue
treatment as suggested to me by Dr. Emperical, vis. kidney transplantation.

7. Towards the end of the consultation session we were suggested by Dr.

Emperical that I should register my fathers request for transplantation and
that he will ensure that we get a call once a cadaver organ is available, as my
family had no active donors. We left after that on a satisfactory note, after
duly registering out request with the hospital, who would then guide us with
subsequent procedure with the relevant statutory authority.
8. On November 28, 2014, I received a phone call from Dr. Empericals
assistant, Chill, who informed me in an excited tone that a cadaver kidney is
available and will be ready to transplant. He also suggested that the cadaver
organ is to be transplanted as soon as possible for a successful surgery. Upon
hearing this, I informed my father and we rushed to the hospital the same
evening, where my father was admitted and subjected to series of preliminary
checks, necessary for the surgery.
9. I asked for Dr. Emperical and he was summoned by the hospital. As soon as
he arrived, he engaged his assistants to gain consent from me in order to go

ahead for the surgery at around 1 a.m. I was initially shocked because at the
said hour of night, the entire support staff of the hospital would not be
available. However, upon assurance from Dr. Emperical that he does not need
anybody else beyond his team members to safely perform the surgery, I did
not insist on postponing the surgery. I was given some consent forms to sign
that contained an elaborative list in legal terms that I could not decipher.

14. I got worried and scared and was almost on the verge of changing my mind
about the surgery when, Dr. Emperical came ahead and convinced me to sign
the form saying that this is a mere formality. These risks are all untrue and
written/mentioned just for the sake of it. So in all, these risks are nothing.
After hearing the doctor, which sounded more like an emotional blackmail
rather than convincing argument, I told him, Ill do it and thus signed the fivepage consent form. I also remember drinking hot coffee, super strong coffee
while signing the consent form. It made my senses go weak.

15. Dr. Emperical and his team took my father for the surgery after that. He came
out of the operation theatre after 1 hour and I clearly remember that his
expression was that of victory. Judging his expression, I was assured that the
consent form was indeed, a mere formality. However I was not allowed to see
Appa immediately and waited.
10. My patience burned off when till later that evening I wasnt permitted to see
and meet Appa. I was dying to see him. When I started pressuring the doctors
to see Appa, came the horrible news. Appa had passed away. I was devastated.
11. I controlled myself and started thinking rationally. Something didnt seem
right to me. I inquired about that vastard Doctor and discovered that he is great
grandson of some Honey bee Singh. It didnt click until I came to know the
whole story.

12. Apparently, my Great Grandfather, Mr. Licka Singh and Honey Bee Singh
were hard core enemies and couldnt stand each other at all. They continued to
be enemies till they died and even cursed the next generations.

13. I firmly believe that Mr. Emperical being the grandson of Mr. Honey Singh
wanted to take the enmity to another level and hence created this hoax of a
safe surgery on the pretext of killing my father.
14. I request that an FIR be registered against the vastard, Dr Emperical and
punish him severely.

Part IX Action Taken (Since The Above Information Reveals Commission Of

Offence(S) U/S As Mentioned Above At Part II
FIR read over to the complainant/informant, admitted to be correctly recorded and a
copy given to the complainant/informant, free of cost.

Part X
[Signature of the Complainant/informant]
[Signature of the Officer. Name: Macroni Mulla; ranked Sub Inspector]

ANNEXURE 2
CHARGES
(Under Sections 211, 212 and 213 of the Code of Criminal Procedure)
1(a) I, Dignity Kumar, Mag. (Div. Sr.), hereby charge you, Mr. Emperical s/o Mr.
Beetle Singh, resident of Dunno Where, Somewhere apartments, Bangalore,
Karnataka, as follows:
1(b) Firstly - That you, on or about the 28th - 29th day of November 2014 at Jeez
Hospitals, Cox Town Bangalore, committed murder causing the death of Mr. Pai aged
about 65 years resident of 420, Nowhere Apartments, Boss Road, Bangalore, and
thereby committed an offence punishable under Section 302 of the Indian Penal Code,
and within the cognizance of this court.
(c) Secondly - That you, on or about the 28th - 29th day of November 2014 at Jeez
Hospitals, Cox Town Bangalore, committed the act of performing an unnecessary
surgery upon Mr. Pai aged about 65 years resident of 420, Nowhere Apartments, Boss
Road, Bangalore with the intention of causing death, and caused such bodily injury
which was likely to cause death of the aforesaid Mr. Pai and thereby committed
culpable homicide not amounting to murder which is an offence punishable under
Section 299 of the Indian Penal Code, and within the cognizance of this court.

1(c) And I hereby direct you be tried by this Court on the said charge.

[Sd]
Mr. Dignity Kumar, Mag. (Div. Sr.)

ANNEXURE 3
CHECK UP REPORT OF MR. PAI
Jeez Hospitals, Cox Town, Bangalore

Name : Pai
Age : 65
Sex : M
Residence: 420, Nowhere Apartments, Boss Road, Bangalore 102826, Karnataka
Date of Examination: 28. 11. 2014

Particulars of Check up:

- Blood Pressure slightly above the normal

- Heart Beat Normal
- Breathing pace fast
- Kidney functioning improper; excessive blood urea; Kidney Function Test denotes
permamanent failure of the right kidney no sign of infection.
- ********

.
Sd.
Examining Medical Officer, Mr. Joey Bing, Jeez Hospitals.

ANNEXURE 4
MEDICAL CONSENT FORM
Jeez Hospitals
[Excerpts from it]

Date: 28th November, 2014

I, Junior Pai, s/o Pai, resident of __________ understand the medical risks and results
of the surgery of my father. Mr. Pai, s/o _______, resident of ________ including,

Bleeding

Infection

Stroke

Paralysis

Death

The procedure has been explained to me and I have been told the reasons why I need
the procedure. The risks of the procedure have also been explained to me. In addition,
I have been told that the procedure may not have the result that I expect. I have also
been told about other possible treatments for my fathers condition and what might
happen if no treatment is received.
2. I give permission to my fathers doctor to do whatever may be necessary if there is
a complication or unforeseen condition during the procedure.

10. The nature of surgery is such that it involves the following risk : Risk of rejection
of the transplanted organ, Increased risk of infection due to the immunosuppressant
medications, any of the side effects of the immunosuppressant medications as
previously discussed, Very small risk for acquiring AIDS, Hepatitis B, other viruses,
or cancer from the donor organ - Organ donors are screened very carefully for these
diseases, however on rare occasion, they are undetectable and may be passed to the

recipient, Potential for a blood transfusion due to blood loss in the operating room and
related risk for the transmission of infectious diseases from a blood donor. Blood
donors are screened very carefully, but there may be a rare case when a disease may
be undetectable and may be passed to the recipient.

ANNEXURE 5
STATEMENT OF WITNESSES
(Statements under Section 161 of the Code of Criminal Procedure Code, 1973)

Persons examined:
1. Miss Bone China [PW 1]
2. Mr. Rowdy Kathore [PW 2]
3. Miss Masti Pai [PW 3]
4. Mr. Chill [DW 1]
5. Mr. Historical [DW 2]
6. Mr. Honey Bee Singh [DW 3]

Miss Bone China [PW 1]

I am a nurse working in Jeez Hospitals, Cox town. I usually assist doctors in
transplantation operations in the hospital. On 28th November, 2014, I remember
assisting Dr. Emperical in the kidney transplantation surgery of Mr. Pai. Dr.
Emperical was unusually happy that day and everyone wondered the reason behind it.
The operation went on smoothly until mid way, Mr. Pai started breathing heavily. The
whole team assisting Dr. Emperical got worried but to the surprise of all of us, he
chuckled and said, now is his time, he has survived long enough.

Mr. Rowdy Kathore [PW 2]

I am Rowdy Kathore, the deadly brother of Pai and uncle to Junior Pai. I hate the
family of Honey Bee Singh and had my doubts on Dr. Emperical since day one. More
than thrice I tried explaining my concern to Junior Pai but that monkey was floored by
the smooth talks of Emperical. Even after my Grandfather (Licka Singh) died, I knew

this enmity between Honey Bee Singh and my Grandfather isnt finished and hence
was always vigilant about it.
I say this cause, sometime in January last year, one of our distant cousins was mauled
by a group of people belonging to Honey Bees clan. I saved him and taught the
whole group a good lesson (with a smirk).

Miss Masti Pai [PW 3]

Hallooo, I am the d/o of Mr. Pai and Sister of Junior Pai, I am 15 years old and I had
been to the hospital for the first time when I was picked up directly from school by
Junior Pai and my father. We got an appointment from the receptionist and waited for
30 mins before we were introduced to Dr. Empirical. He looked funny and I chuckled
the moment I saw him. I still remember the look he gave me in reply. It was
DARAWNA.
The Dr.s office was huge and fancy. He had pictures with some of the big faces of
Bangalore. However my attention was drawn towards one particular picture on the
wall which resembled to a family tree. I was curious and went for a closer inspection
and at the top of the family tree, there was this photo of some ferocious looking uncle
with the name Honey Bee/Momey Bea Singh written next to it. On the corner right
bottom of the picture, to my amusement there was another tiny family tree.
The pictures of some people in the tiny tree were crossed in black and I cant recall
properly but I think I saw my Great grandfathers (Licka Singh) picture on the top
with a black cross on it

Mr. Chill [DW 1]

I am the assistant of Dr. Emperical and have been working with him for the past 8
years. I am totally enchanted by the knowledge and working style of Dr. Emperical.
He is brilliant at his job and I have never seen anyone better than him in his area.

He has patients coming from all over the country due to his name and fame and Mr.
Pai was one of his patients. The case of Mr. Pai wasnt very complicated in nature and
Dr. Emperical like he does to all his patients, assured him that he would be fine.
I hope to become like Dr. Emperical someday.

Dr. Historical [DW 2]

I work with Dr. Emperical in the surgery department and am a junior to him. I was the
part of the team which assisted Dr. Emperical in the surgery of Mr. Pai.
I would refer Dr. Emperical as a good doctor and not a great one. He is good at his
work and has patients pouring in all the time due to this factor. He is a happy go lucky
person and usually cheerful and smiling. On the day of Mr. Pais surgery, Mr.
Emperical had this weird smirk on his face. He was constantly smiling and showed a
certain level of excitement about the surgery.
I didnt found it strange because most of the time, he was usually like this.

Mr. Honey Bee Singh [DW 3]

I am Honey Bee Singh, father of Beetle Singh and grandfather to Emperical Singh. I
remember those days when the stories of enmity of me and Licka Singh used to be
told to kids of our area for putting them to sleep. We used to be so dedicated in being
enemies that I am actually proud of it. What days they used to be!!
Our enmity lasted till the time Licka Singh breathed his last. It was never the same
after Licka and the feeling of hatred kept on going. My sons turned out to be what I
never wanted them to, GAWAR and SADAKCHAP! I feel so cursed and guilty that I
decided, I am not going to let this happen to my grand children at least.
I am so proud of my Dr. Emperical beta (tears in eyes).
(Suddenly screams!) The allegation on my Emperical is not true and I would never
believe it. JO KARNA HAI KAR LO!!

ANNEXURE 6
ORDER SHEETS FAST TRACK COURT, BANGALORE

IN THE COURT OF SESSIONS JUDGE, BANGALORE

SPECIAL FAST TRACK COURT

The State of Karnataka

v.
Dr. Emperical

Crl. Cas. 1111/2015

Present:

Ld. PP for the State Mr. Jamura

Mr. Cartoos Lelo for Dr. Emperical

Heard counsels from both sides. Based on the final investigation report, I am of the
opinion that a prima facie case under Section 299, 300 of Indian Penal Code is made
out against the accused.

The accused be served with the charge sheet accordingly. Relist on 14.02.2015.

Dated: 05.02.2015
Sd. Sessions Judge, Bangalore

The State of Karnataka

v.
Dr. Emperical
Crl. Cas. 1111/2015

Present:

Ld. PP for the State Mr. Jamura

Mr. Cartoos Lelo for Dr. Emperical

Heard counsels from both sides. In terms of the last order of this Court dated
5.2.2015, charge sheet has been served upon the accused. The charges have been read
over and explained to accused, Dr. Emperical. He has pleaded not guilty and claimed
trial. Let PWs be summoned.

Sd.
Sessions Judge, Fast Track Court, Bangalore