Res gestae

Record showed that the prosecution had produced impartial and uninterested witness who, though, was not an eye-witness, yet his statement was relevant under Art. 19 of the Qanun-e-Shahadat, 1984, on the principle of 'res gestae', as soon after the incident they were attracted on the hue and cries of the inmates of the house and on their arrival, they were informed that unidentified persons had committed murder of deceased with a request to procure attendance of complainant

Inmates of the house did not express any apprehension or fear or extension of threat by the assailants asking them not to disclose their names and identification

Said witness was not declared hostile

Statement of said witness alone was sufficient to dismantle the entire edifice of the prosecution case introduced by eye-witnesses

Appeal against conviction was allowed, in circumstances.

Defined and explained.

Rule and principle stated.

Ss. 27 & 6-Res gestae-Recovery-Recovery of incriminating article at accused's instance-Admissibility, extent of-Held, admissible only when accused's words or action leading to discovery contemporaneous with recovery as forming part of res gestae.-[Recovery].