Category: Res Gestae

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.

ISSUE:

Whether the statements recorded under 32(1) under the apprehension of the witness's death be used as res gestae under section 6 if the victim, subsequently, survives?

RULE:

The rule of res gestae mentioned under section 6, of the Indian Evidence Act, is an exception to the principle that hearsay evidence is not admissible in a court of law. It states that if facts form a part of the same transaction as the facts in issue, then such facts are also relevant.