Please help me with moot court problem

State councel need to prove that the deceased died of a homicidal death
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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.

Regards,
Ekta

Thanks you so much 

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