The concept of res gestae can better be understood from an
observation of Hon’ble Supreme Court of Pakistan expressed in case
reported as Shabbir Hussain alias Sukku v. The State (PLD 2003
Supreme Court 368) which for advantage sake is being reproduced
hereunder:-
“In order to attract the application of Article 19 of Qanun-e-Shahadat
it is important to bear in mind that the facts, which are connected with
the fact in issue as “part of transaction” under investigation are
admissible as relevant facts. In order to apply the said rule the point for
decision will always be whether the said facts do form part or are too
remote to be considered really part of the transaction before the court.”
Part of Judgment
IN THE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI JUDICIAL DEPARTMENT
Murder Reference-Murder Reference (Session Cases)63-17
2020 LHC 1362

0 Comments