SHANKER vs STATE OF U.P.

The Supreme Court upheld the admissibility of Chakrapal Singh PW.1's evidence under Section 6 of the Evidence Act as res gestae, rejecting the argument that Smt. Vishuna's testimony should be discarded due to her distance from the murder scene. The Court found that the proximity of the witness to the incident allowed for a reasonable awareness of the events, thus affirming the conviction of the accused. The appeal was dismissed, confirming the lower court's findings.