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Res Gestae

 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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