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?
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.