S
Sahaj Vidhi
Delhi APO 2005

Which one of the following statements is correct? A struck B on the neck with a knife and this was seen by C who exclaimed, "A is killing B". C's exclamation is

Verified Answer
A. relevant because it was spontaneous
B. relevant because it forms part of the transaction
C. relevant because it is relatable to the transaction
D. relevant because it is a fact in issue

Explanation:

C's exclamation, "A is killing B," made at the very moment of the act, is relevant under Section 6 of the Indian Evidence Act, 1872 (Res Gestae). It forms part of the same transaction as the act of A striking B, even though it is not a fact in issue itself. The spontaneity and immediate connection to the main event make it admissible.