Charge: Opening Statement

CHARGE
Mukesh, son of Rajesh, is charged as follows:
STATEMENT OF OFFENCE
VOLUNTARILY CAUSING GREVIOUS HURT, contrary to Section 322 read with Section 325, Indian
Penal Code, 1860
PARTICULARS OF OFFENCE
Mukesh, on the 1st January Yr …. outside 345 Green Park, New Delhi, voluntarily caused Monica
grievous hurt by damaging her right eye and thereby caused her to be in severe bodily pain for a
period of twenty days.
OPENING STATEMENT
This case relates to the day of new year when the accused mr. mukesh lost his cool in front of his
children and gave a heavy blow to his ex. wife and the victim, monica on her eyes which knocked her
down after which she was in severe bodily pain for next 20 days.
Ms. monica is a strong willed woman who wants the best for her children even if it cost her physical
abuses from her husband and conviction for shoplifting to feed her children. On the other hand mr.
mukesh was always troubled financially and has as history of bad temper not only with the victim
but has a previous conviction over another incident at a bar.
Your honour, the defence may claim that the accused acted in self defence but the prosecution
based on statements of all the witnesses would attempt to prove beyond reasonable doubt that it
was a voluntary act, intentionally carried out and would ask the court at the end to hold the accused
guilty as charged .
your honour, the P would call 2 witnesses ms. monica who is the victim and SI satinder.
Thank you.
CHIEF EXAMINATION
your honour, with your due permission, P would like to call monica in the stand.
(monica comes into the stand)
ms monica, kindly repeat after me

OATH : I will speak the truth, only the truth and nothing but the truth.
P : Monica, please introduce yourself for the record of the court so that we may proceed ahead with
questions.
Monica : Myself monica, I live at 345 green park with my two children and mukesh is their father.
P :Ms. monica, tell me about your married life and how did it end with a divorce ?
M : we got married 10 years ago and have two children sanjay and sonia. mukesh was never
financially stable. I had to steal food to feed my children for which I had to face conviction and guilt.
we fought a lot due to it and many times mukesh had hit me as well and I had to lodge a complaint
everytime. But I never gave a formal statement to police, thinking about my children. our marriage
ended when mukesh told me that he would leave me for roshni( a wealthy woman) and he was
having an affair with her.
P : Can you describe that what led to the incident after which you were in severe pain
for 20 days ?
M : Mukesh was already annoyed when children were with me for the christmas, hence I told him
that he could take children for the new year eve but as children were very tired that day I asked
mukesh to take them only for 3 hrs. after it got very late that evening and mukesh didn't answer any
of my calls, I got terribly worried.
When they came the next morning, I straight away ran towards them and stood by mukesh to get
sonia who was in mukesh's arms . when I reached to get sonia, without warning about anything, he
punched me on my right eye with the car keys on his hands and I was knocked down. I got up and
tried to hit him but could just pull his hair. then both mukesh and roshni fled away in their car and I
immediately called police.
Thank you monica.

your honour, that's all regards monica.
your honour, prosecution seeks permission to call upon stand the second PW SI satinder.
(permission granted)
Satinder comes to the stand

OATH : I will speak the truth, only the truth and nothing but the truth.
P : satinder, please introduce yourself for the record of the court so that we may proceed ahead with
questions.
S : I am sub. Inp Satinder posted at Green Park police station.
P : can you describe the events that happened on jaunuary 1st ?

S : I was on duty when ms. monica called me. Then I went to her place where I saw her right eye
badly injured and she then told me that her ex. husband hit her yet again after which he and his new
girlfriend fled away.
Then I went to mukesh's place to arrest him and he said " She’s mad. I had to hit her. I’m sorry for
it, but you would have done the same". later that day, Roshni, mukesh's girlfriend came to the
PS for his bail and said that she knows too that mukesh shouldn't have hit her.
P : so, did you know mukesh and monica before this incident ?
S : yes, I have attended monica's complaint regarding domestic violence many time before this
incident.
Thank you mr. satinder.
That's all your honour.
CROSS
MUKESH
your honour, prosecution seeks permission to call mr. mukesh for the cross examination.
( granted)
Q1. isn't it true that your one blow knock monica out and calm her down ?
point to be noted your honour, only one blow knocked out ms. monica
Q2. Isn't it true that monica pulled you hair and jacket ?
Q3. isn't it true that ms. monica was unarmed and you had sharp car keys in your left hand ?
point to be noted your honour, the victim was unarmed and the accused
had car keys on his left hand.
ROSHNI
prosecution seeks permission to call ms. roshni for cross examination.

(granted)
Q1. where did mukesh hit monica ?
Point to be noted your honour, mukesh hit her somewhere on the head/eye.
Q2. Isn't it true that monica was knocked down by only one blow ?
That's all your honour.
CLOSING ARGUMENTS
Your honour, as I had stated in my opening statement and as the witnesses have corroborated that :
a) victim was unarmed and did nothing apart from pulling the hair of accused, that too after having
received a knock out punch on the eye. So, there was no real threat or apprehension of it to the
accused.
b) Accused had car keys on his hands and even if he didn't realise it then, the court needs to pay
heed to the fact that he gave a blow on her eye, which is a critical organ in the head of a person and
the same knocked her down and she was feeling dazed.This has been admitted by the accused in his
statements and roshni also corroborated that he did hit her on the head.
c) moreover, the intent of voluntarily causing grevious hurt can be gathered from mukesh's fearless
statement to SI satinder that it was only one blow that knocked her down and he also said to the SI
that you would have done the same too.
considering the points that mukesh hit monica, who was unarmed, on a critical body part which
resulted in severe body pain for 20 days, the claim of acting in self def falls too short of the
requirement of proportional injury while acting in self def. Your honour, right to self defence has
been granted with a social purpose to save one's life and not harm others under its pretext. it is
preventive and not punitive, it is to be used as a shield and not as a sword. However, it's the
opposite that has happened in this case.
hence, the prosecution has proved beyond reasonable doubt that the accused vol caused GH and
the prosecution asks the court to hold him guilty for all the charges framed and set a genuine
precedent.
Thank You !

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CHARGE

Mukesh, son of Rajesh, is charged as follows:

(monica comes into the stand)

ms monica, kindly repeat after me

Thank you monica.

Satinder comes to the stand

P : can you describe the events that happened on jaunuary 1st ?

Thank you mr. satinder.

That's all your honour.

prosecution seeks permission to call ms. roshni for cross examination.

Q1. where did mukesh hit monica ?

That's all your honour.

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