Hon’ble Supreme Court on res gestae.
” Even if the prosecution version that the PW3, PW5 and PW6 could and did see the appellant running in front of Devendrappa’s house from the respective positions they were in at the time of occurrence of the incident was accepted, the evidence we would have been left with would have been two accused persons being seen running away. That would have been too thin piece of evidence to convict someone under Section 302 of the Code, applying the principle of res gestae. The first Court of facts on appreciation of evidence had acquitted the appellant. We do not find any major lacuna in its reasoning which would have warranted interference by the Appeal Court for reversing such finding into that of guilt.”
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