ISSUE:
a. Whether the conviction and imposition of death penalty on the appellants is a ‘rarest of the rare case’ ?
b. Whether the dying declaration of survivors can be admitted in a court of law?
RULE:
For an evidence to be res gestae, there should be no time gap between the commission of the crime and the statement.When a witness gives a statement under the belief of death but survives then the statement cannot be used as a dying declaration. A death penalty can be awarded only in the rarest of the rare cases.