Umesh Kumar v. State
Case brief
What is this about?
Court dismissed criminal appeal against life sentence for acid attack murder. Bench upheld admissibility of dying declarations despite lack of magistrate endorsement and clarified legal principles regarding evidence sufficiency.
What did the court decide?
Application under Section 374(2) Cr.P.C failed; original life sentence upheld. Police Commissioner directed to investigate acid source and prevent illegal sales.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.A. 859/2012
% Judgment dated 2nd March, 2015
UMESH KUMAR ..... Appellant Through: Mr.Vivek Sood, Mr.Prek Prakash and Mr.S. Kukreja, Advocates
versus
STATE ..... Respondent Through: Mr.Sunil Sharma, APP for the State
CORAM :
HON’BLE MR. JUSTICE G. S. SISTANI HON’BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
G.S. SISTANI, J. (ORAL)
The principle on which the dying declarations are admitted in evidence is indicated in the legal maxim “ Nemo moriturus praesumitur mentire” i.e. a man will not meet his Maker with a lie in his mouth”
Issues for consideration
3 issues framed by the court
Whether the dying declarations made to different persons are trustworthy and can form the basis of conviction.
Whether the absence of acid in the deceased stomach or lack of magistrate endorsement invalidates the dying declaration.
Whether the prosecution has established guilt beyond reasonable doubt through circumstantial evidence.
Parties & counsel
- appellant
UMESH KUMAR
- respondent
STATE
Coram
G. S. SISTANI
Case details
As recorded by the court registry
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