Facts:
This is a case for murder against Putian. The two witnesses presented were the doctor who treated the victim and the policeman who arrested the suspect.The victim (Panimdim) revealed an ante mortem statement that identifies Putian as the assailant.
This is a case for murder against Putian. The two witnesses presented were the doctor who treated the victim and the policeman who arrested the suspect.The victim (Panimdim) revealed an ante mortem statement that identifies Putian as the assailant.
Whether the statement of Panimdim is a dying declaration or a part of res gestae.
Ruling:
The court held that the declaration is not of a dying declaration because it was not made under expectation of an impending death. However, although a declaration does not appear to have been made by the declarant under the expectation of a sure and impending death, and, for the reason, is not admissible as a dying declaration, yet if such declaration was made at the time of, or immediately after, the commission of the crime, or at a time when the exciting influence of the startling occurrence still continued in the declarant's mind, it is admissible as a part of the res gestae"
The court held that the declaration is not of a dying declaration because it was not made under expectation of an impending death. However, although a declaration does not appear to have been made by the declarant under the expectation of a sure and impending death, and, for the reason, is not admissible as a dying declaration, yet if such declaration was made at the time of, or immediately after, the commission of the crime, or at a time when the exciting influence of the startling occurrence still continued in the declarant's mind, it is admissible as a part of the res gestae"
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