hearsay evidence
does not extend to the rule of “res gestae”. It is however submitted, that
the rule of “res gestae” is not attracted ... evidence of the brother was held to be “res gestae”, and
therefore, admissible under Section 6 of the Evidence Act. It was
submitted, that only
same is admissible under Section
6 of the Evidence Act as res gestae. For these witnesses, there was no
occasion for concoction or improvement ... Evidence Act is
usually known as the rule of res gestae recognised in English law. The
essence of the doctrine is that a fact which
statement of Mohini to her mother is a part of res gestae and, therefore, admissible under Section 6 , Evidence Act as well is, however ... free from doubt
16. The doctrine of res gestae stands incorporated in Section 6 which reads:
6. Relevancy of facts forming part of same transaction
those witnesses should be treated as relevant and admissible as res gestae under the provisions of Section 6 of the Evidence Act. Learned trial Judge ... occurrence and hence her statement is very much admissible as res gestae under Section 6 of the Evidence Act. Although here Raimoni herself
Indian Evidence Act, 1872 as
they are the Res Gestae witnesses. The purpose of incorporating
Section 6 in the Act is to complete the missing ... places."
26. Black‟s Law Dictionary(Tenth Edition) defines „Res
Gestae' as under:-
"The events at issue, or other events contemporaneous
with
hearsay evidence would not become admissible by applying the principle of res gestae enshrined under section 6 of the Evidence Act.
21. In addition ... becomes admissible in evidence by applying the doctrine of res gestae enshrined under section 6 of the Evidence Act and as such was admissible
same is admissible under Section 6 of the Evidence Act as res
gestae. For these witnesses, there was no occasion for
concoction or improvement ... Evidence Act is usually known as the rule of res gestae
recognised in English law. The essence of the doctrine is that
a fact which
Partap Singh and Raj Pal would be in the nature of res gestae
evidence and would be admissible and since the medical evidence
also lends ... case.
Such like evidence is normally referred to as res gestae evidence.
14. The term res gestae has not been defined or used in Indian
evidence of PWs 1 and 4 falls within the
realm of res gestae and if that be so, since PW3 has
admitted giving ... falls within the ambit of Sec.6 and it
qualifies as res gestae evidence. Further contention taken is
that, Ext.P3 is admitted
CriApl 125,126,127/2002
[3]
Evidence of
res gestae
:-
PW-5 Gangadhar Wadde;
PW-7 Uttam Chavan;
PW-8 Dr. Ramesh Chidrawar, who accompanied ... brother.
[4] Evidence of enmity -
Almost all witnesses on res gestae are the
witnesses also on the point of enmity.
[5] Police witnesses
