Indian Penal Code

Moot Problem-1

Maya Devi, the daughter of Mahavir Singh, got married to Sachin Singh in March 2008. She
was happily married for seven years and lived with her parent-in laws, Om Singh and Savitri
Devi, and sister-in law, Rajmati, in Sarai, Uttar Pradesh. Maya Devi used to praise her
husband to her parents as he used to shower love upon her and surprise her with gifts.
However, in recent times, the in-laws started complaining about her inability to bear a child
for the past seven years. In October 2016, while on her visit to the paternal house in Delhi,
she complained that her in-laws have started asking her for jewels to give to Rajmati. Upon
her refusal to give the jewels, the in-laws started maintaining a distance leaving her in
isolation and futher persuading Sachin to get divorce from her. After her return to Sarai, the
in-laws stopped talking to her altogether.

On 17-01-2017, Mahavir Singh received a message that his daughter, Maya Devi, has died in
her in-laws’ house. On the next day, Mahavir Singh travelled to Sarai. Meanwhile, Lal Singh,
uncle of the deceased and a resident of Sarai, had already lodged a First Information Report
(FIR) on 17-01-2017, after he received information about the death. In the FIR, Lal Singh
stated that when Maya Devi visited her paternal house in October last year, she complained
of the harassment meted out to her by in-laws and apprehended that she would be killed in
her in-laws’ house. The uncle also raised suspicion that after committing murder of Maya
Devi, the in-laws had poured kerosene oil over her body and set it on fire to conceal the fact
of the murder. Thus, the FIR was registered against all the three in-laws under section 302
read with 34, 498A and 201 of IPC.

Further investigation was initiated through an Investigation Officer (I.O.) in the case. He
prepared the check report on the basis of the FIR. He inspected the spot and found the burnt
body in a closed kitchen. He further prepared the inquest report and other necessary papers
including sketch of the dead body. He also prepared the site plan. The dead body was sent
for post mortem examination. Dr. P.R. Raturi Medical officer conducted the autopsy at 10
AM and submitted the post-mortem report. The cause of death in the opinion of the Medical
officer was asphyxia. He also found burn injuries in post-mortem. Subsequently the
investigation was in progress and the I.O. further interrogated the witnesses and arrested the
accused persons. After completion of the investigation, he submitted charge sheet against all
the three accused for trial under section 302 read with 34, 498A and 201 IPC.

The trial court convicted all the three accused under sections 302 read with 34, 498A and 201
of IPC. Upon appeal, High Court of Allahabad reversed the trial court findings and acquitted
them on the ground that post-mortem report cannot be the sole basis of conviction. Aggrieved
by the acquittal, the State is in appeal before the Hon’ble Supreme Court of India as the
subordinate courts did not take into account the circumstantial evidence and the statement
made by the deceased to her parents.