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shweta   03 April 2016

Please help me with moot court problem

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Discussion > Criminal Law > Others > Dying Declaration-Moot Problem  Unanswered Threads Post New Topic

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Mala and Rahul were married in 2001 and were residing at Vijayanagar, Bangalore. However after few years their relationship got strained and were regularly quarrelling over frivolous issues. One Day, Mala left her matrimonial house with her eldest daughter Pinto and started living with her father Gopalakrishna at Jayanagar, Bangalore. Rahul kept his younger daughter, Pinkoo with his sister, Deepa and prevented Mala from seeing the child.



During a noon Mala came to Deepa's house and forcefully took Pinkoo with her. Rahul on hearing this reached Gopal Krishna's house and quarreled.

After two days of the incident, Rahul and Gopalkrishna happened to meet at a market place and started to quarrel and grappled with each other. Both fell down. In the heat of passion thus generated Gopalakrishna slapped Rahul saying he would kill him. Rahul in fit of rage took a stick lying nearby and gave a blow to the stomach of Gopalakrishna.


Gopalakrishna who was suffering from diseased spleen fell down instantly. Before dying Gopalkrishna gave his Dying Declaration regarding the fight and the knowledge of Rahul about the enlarged spleen. Rajajinagar police arrested Rahul and filed charge sheet.

Evidence was led by prosecution in the sessions Court and during trial an eyewitness stated that it was Gopalakrishna who slapped Rahul and started the fight. Trial Court relying on Dying Declaration of Gopalakrishna convicted Rahul for commission of murder and sentenced him for life imprisonment.

Rahul challenged the conviction by filing a Criminal Appeal, before the High Court of Karnataka, relying on the deposition of the eyewitness.

 [ I am the counsel appearing for the State, what are the main poits that are supposed to be considered and how to prove that dying declaration is valid, i need supporting case laws]



 5 Replies

Pawan S (Advocate)     06 April 2016

State councel need to prove that the deceased died of a homicidal death
Decreased was a old man. 

The alleged incident of beating the deceased (who was a very old man) by the accused by fist and as a result thereof the deceased died of a homicidal death.
After fisting him, accused had left the place without caring to find out as to what happened to decreased.It is obvious that accused knew the nature of his act that he applied on that old man, decreased.

Considering the fact that he had fisted decreased (a old man) on the stomach, a vital part of the body, his "intention to kill" and "knowledge" that by such fisting on the stomach of that old decreased, in all probability, he is going to cause decreased's death is writ large.

It is, indeed, trite to state that the law presumes that the dying declaration is almost a gospel truth until and unless the contrary is established by the defence.

In the present case, the defence has not challenged the authenticity of the dying declaration. It is also a settled principle of law that if a dying declaration is authentic, it tends to take precedence over any other testimony of any other witness. For, the law presumes that a person near death will always speak nothing but the truth.  The accused was knowing of the enlarged spleen of the deceased.
Due to the fist caused by the appellant, the deceased had suffered a rupture in his small intestine and died.


shweta   08 April 2016

Thanks you so much 

Ritipushap Sharma   31 October 2022

What are the valid points for the council appearing for rahul? Please help? 

1 Like

sim   19 October 2023

hi could you please help me with the appellant side if posssible?

1 Like

Ashima Bansal   14 November 2023

Hii ma'am if you have soft copy of this proposition on the behalf of appellant can you please send me because I got the same proposition and I don't have much time to complete it if you could it will be really helpful. Thanks!💕

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