We have also taken note of the fact
that the event forming res gestae occurred in a manner that it can safely
be stated as connected with the main occurrence and cannot be separated
therefrom. In the case reported Krishna Ram Das v. The State (AIR 1964
ASSAM 53), the evidence of res gestae met acceptance for conviction
with following observation:-
“That apart, the statement made by the deceased very shortly after he
sustained the injuries, is admissible in evidence under section 6 of the
Evidence Act. Under this section, any statement made by a victim or
the by-standers, so shortly after the incident as to become part of the
same transaction with it is relevant, and accordingly the statement made
by the deceased almost immediately after the assault on him by the
appellant is perfectly relevant under section 6 of the Evidence Act. In
any view of the matter, the learned Sessions Jude was quite justified in
accepting the evidence concerned, that is the statement made by the
deceased, as relevant and relying on it as a credible piece of evidence.”
Part of Judgment
IN THE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI JUDICIAL DEPARTMENT
Murder Reference-Murder Reference (Session Cases)63-17
2020 LHC 1362
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