The accused was charged with murder. The deceased had been stabbed with a dagger. had stabbed the brother of the deceased and had uttered threats against the deceased. There was evidence that the accused had been seen in the go down of an immediate shop standing over the deceased holding a dagger dripping with blood.
A few minutes before, the accused had been seen assaulting the deceased’s brother with a dagger. He also uttered threats to the effect, “ I have finished with you, now I am going to deal with your brother.”
The question was whether the statement or words uttered was admissible, forming part of the same transaction. The transaction here, being the act of murder.
It was held that the two circumstances were part of the same transaction. The two acts of the accused of wounding and stabbing of the deceased’s brother were so interconnected that they must be regard as part of the res gestae.
Further that this evidence was admissible even though it tended to lead to the commission of another offence.