6: Relevancy of facts forming part of same transactions: Res Gestae
11: When facts not otherwise relevant becomes
relevant: Plea of Alibi
Case Laws
Thompson vs Trevanion,
1693
A declaration accompanying an 'Act' would be
receivable as evidence.
R vs Beddingfields,
1879
"Oh Aunty, see what
'Beddingfield' has done to me! Held that the declaration wouldn't amount to Res
Gestae.
Ratten vs R., 1972
Overruled R vs Beddingfield,
widened the meaning of Res Gestae provisions. Now afterwards,
circumstances also included.
Hamsa Kunja vs Ragima,
1963
Labour head person
threatened another member to hit, in the evening. The person found to hit each
other. Held: Res Gestae.
Ratten vs R., 1972
Here a girl called to
police crying for help, "Get me the police, please!" However, it was
said that a misfired gun shot killed his wife. Held: Convicted, statement is Res
Gestae.
Indian Cases
Uttam Singh vs State
of MP
Child and father sleeping,
when a man shot father. Child cried and named 'Chor' Held: Res Gestae.
Bishna vs State of West Bengal
Two brothers were attacked.
One got killed and other got injured/ unconscious. No eye witness. It was held
that all transactions are Res Gestae.
Sawal Das vs State,
1974
Dowry Death. Bachao! Bachao! Held that it was valid and
spontaneous cry from wife. Hence, would be considered as Res Gestae.
Alibi
R vs Richardson
'R' committed murder of a
pregnant girl in cottage out of office. Held: Bombay to Calcutta. Liable: Yes.
Opportunity, Cause and Effect: S. 7 of IEA.
Res Gestae
R vs Thompson
Abortion of a woman, all
act would amount to Res Gestae.
R vs Lillyman
Ravished a woman, conduct
and no consent. Held: Res Gestae: Yes
Res Gestae
Mohd. Khan vs King
Emperor
General transactions i.e.
Proximity of time, place and action related to Res Gestae.
Malkiat Singh vs State
of Punjab, 1991
Person injured during the transaction is of high value.
Vinod vs State of UP
Accused raped a women,
later this was caught.
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