In the Hon’ble Supreme Court of India

In the Case of

State of TAXILA
v

Vir Bahadur
Table Of Contents.........................................................................................................................i
Contents

TABLE OF CONTENTS

Statement of Jurisdiction…………………………………………………………………

nopsis of Facts……………………………………………………………………………

Issues Raised………………………………………………………………………………

Summary of Arguments…………………………………………………………………

Pleadings…………………………………………………………………………………

Prayer……………………………………………………………………………………

MEMORANDUM ON BEHALF OF THE RESPONDENT

 STATEMENT OF JURISDICTION

The petitioners approach the Honorable Supreme court of INDIA under Article 136 of the
Constitution of India, 1950. The respondents respectfully submit to this jurisdiction invoked
by the appellant.

MEMORANDUM ON BEHALF OF THE RESPONDENT

 SYNOPSIS OF FACTS

At village Bahadurgarh in Virganj district, there is an abandoned aerodrome where large quantity
of valuable aeroscrap is collected. The Defence Department left two Choukidars namely, Jishnu
and Jitender with a view to prevent pilferage by unauthorized persons. The aerodrome area is
surrounded by many tribal villages which are inhabitedmostly by Mahi tribes, which is an
uneducated and orthodox tribe. The tribes havea very strong belief in existence of ghosts and the
abandoned aerodrome earnednotoriety in that area as being infested with ghosts.One day
Dushyant Singh from the firm of Singh Brothers, Newcity, visited to village Bahadurgarh
accompanied by his servant Vir Bahadur for the purpose of purchasing the said aerodrome. He
and his servant stayed in the nearby house of Ravi Kishan, who is running a tea stall in village
Bahadurgarh. There are several foot-paths cutting across the aerodrome, leading one village to
another. But on account of their fear of ghosts the people would not ordinarily venture out at
night alone on those paths.

When Dushyant Singh and his servant Vir Bahadur were in the village, one Chand Mahi from
Village Rajgarh, which is a nearby village of Bahadurgarh, went to the tea-stall of Ravi Kishan in
village Bahadurgarh at about 8:30 pm and took shelter there for a night because he was afraid of
proceeding back alone to his village Rajgarh at that hour of the night for fear of ghosts. In the
midnight Dushyant Singh and his servant thereafter had a conversation with Chand Mahi and in
their conversation Dushayant Singh showed his anxiousness to see ghosts, and Chand Mahi
suggested that “as present is a full moon night the ghost will be most active on this specific
night”, relying on this statement of Chand Mahi, Dushyant Singh and his servant Vir Bahadur
agreed to travel with him at night and offered to drop him back to his village in the process, they
jointly also persuaded Ravi Krishan to accompany them to see ghosts. All four of them thereafter
initiated their on foot journey with torchlight in their hands to Rajgarh village through a foot-path
across aerodrome.

While passing through the aerodrome they noticed a flickering light at distance of about 500
meters from path-way. Strong wind was blowing and the movement of the light in that breeze
created in them an impression that it was not an ordinary light but 'will-o' the wisp.' They also

MEMORANDUM ON BEHALF OF THE RESPONDENT

found some apparitions moving around the flickering light. They thought that some ghosts were
dancing around the light and they all ran towards that place.

Vir Bahadur (Servant) reached first with his 'khukhri' in hand and began to attack ghosts
indiscriminately. Ravi Krishan arrived there some time later, however Vir Bahadur did not notice
Ravi Krishan which lead to striking of one of his Khukuri blows to Mr. Ravi Kishan causing
severe injury. In pain Ravi Kishan screamed loudly that Vir Bahadur had injured him. In the
mean time other injured persons also raised a cry of distress and only after hearing so many cries
Vir Bahadur stopped attacking the people. It was subsequently discovered that the apparitions
that Vir Bahadur attacked were actually some female of the Rajgarh village known to Mr. Chand
Mahi, who were there for collecting Mohua flower at night under a 'Mohua' tree with hurricane
lantern, which they wanted to bring at the Kali Mata temple for fulfilling a local tribal ceremony,
which was a common practice and was done on every full moon night by the ladies of Mahi tribe.

In consequence of indiscriminate attack with his 'Khukhri' one Geeta Mahi was killed, and two
other females namely Ganga Mahi and Sunahri Mahi were grievously injured. FIR was
registered against Vir Bahadur and he was charged under Sec. 302 I.P.C. for murder of Geeta
Mahi, under Sec. 326 I.P.C. for having caused grievous hurt to persons injured and under Sec.
324 I.P.C. for having caused hurt to Ravi Krishan

MEMORANDUM ON BEHALF OF THE RESPONDENT

Issues Raised.............................................................................................................................xviii
Raised...............

ISSUES RAISED

1. WHETHER THE ACCUSED IS GUILTY OF MURDER?

2. ADMISSAL OF ORAL EVIDENCE BY WITNESSES?

MEMORANDUM ON BEHALF OF THE RESPONDENT

Pleadings.....................................................................................................................................1
Pleadings.......................................................

PLEADINGS

WHETHER THE ACCUSED IS GUILTY OF MURDER?

It is humbly submitted before this Hon’ble Court that the accused is not guilty of murder as the
alleged crime which he had committed was done in exercise of his right to private defence under
section 103 of the IPC read with sections 80 and 81 of the IPC and thus he lacks the requisite
mens rea to commit such a crime. Furthermore the issue as to whether or not he had committed
the actus reus must be put into question as the direct evidence has several infirmaries and
inconsistencies. Hence the crime of murder cannot stand against the accused.

ADMISSAL OF ORAL EVDENCES ?

From the evidence of Jishnu and those portions of the evidence of Jitender which are not
contradicted by bis previous statement, or by the evidence of Jishnu the following facts clearly
emerge. The respondent and his master were strangers to the locality having come there only 6
months before the incident. The aerodrome was reputed to be infested with ghosts and it was
generally believed that on Tuesdays and Saturdays after night-fall ghosts used to move about in
open fields, whimpering, singing and playing blind man's buff. At about 9 P.M. on the night of
occurrence, which was a Tuesday, Dushyant Singh of Telkundi took shelter in the tea-stall of
Jitender saying that he would not venture to go to his village on account of fear of ghosts. But
Jishnu and his Nepali servant were anxious to see the ghosts and therefore they induced Krishna
Jishnu and Jitender to accompany them at about midnight.

The whole party was thus obsessed with the idea that there were ghosts in the aerodrome and that
they might be seen at that hour. After leaving Ravi Kishan at Telkundi the party returned along
the foot-path cutting across the aerodrome. Just then they saw at a distance of 400 cubits away a

MEMORANDUM ON BEHALF OF THE RESPONDENT

Pleadings.....................................................................................................................................2
Pleadings.......................................................

flickering light which on account of the breeze that was then blowing appeared like "Will-O'-the
Wisp". There were also some figures moving around that light and P.W. 26 pointed out shouting
"Here are the ghosts". Thereupon without thinking even for a moment the respondent rushed
towards the alleged ghosts armed with his "Kurki'' by the shortest cut and began attacking them
indiscriminately.

MEMORANDUM ON BEHALF OF THE RESPONDENT

Prayer for relief.............................................................................................................................
relief............................................... 6

PRAYER FOR RELIEF

In light of the facts stated, arguments advanced and authorities cited, the Respondent, humbly
prays before the Honorable Court, to be graciously pleased to:

I. Quash the writs filed by the petitioners in the Hon’ble court of law since there is
wrongful act committed by Vir Bahadur
II. Pass any other order, which the court may deem fit in light of justice equity and
good conscience.

All of which is most humbly prayed

Counsel for the Respondent

MEMORANDUM ON BEHALF OF THE RESPONDENT