Supreme Court of India

Sukhar v State of UP

decided 1999-10-01 (reporter citation not confirmed)19991 min read
The case in brief30-second read
Facts
The victim was shot. PW-2, who arrived immediately, said the injured victim told him that Sukhar had fired at him.
Issue
Whether the victim's statement to PW-2 was admissible under S.6 of the Evidence Act.
Held
The statement was admissible as res gestae because it was substantially contemporaneous, spontaneous and part of the same transaction. But PW-2 was hostile to the accused and uncorroborated, so the accused was given the benefit of doubt and acquitted.
Principle
A statement is res gestae only if made at or immediately after the event, before there is time to fabricate.
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Facts

  • The victim was shot. PW-2, who arrived immediately, said the injured victim told him that Sukhar had fired at him.

Issue

  1. Whether the victim's statement to PW-2 was admissible under S.6 of the Evidence Act.

Held

  • The statement was admissible as res gestae because it was substantially contemporaneous, spontaneous and part of the same transaction. But PW-2 was hostile to the accused and uncorroborated, so the accused was given the benefit of doubt and acquitted.

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Citation

Sukhar v State of UP decided 1999-10-01 (reporter citation not confirmed)

Reported: https://api.sci.gov.in/jonew/judis/16634.pdf ; https://indiankanoon.org/doc/298217/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.