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.