https://www.taxtmi.com/caselaws?id=457160 Identification of the appellants as participants in the bus burning, robbery and murders was proved through in-court and test identification, consistent survivor testimony, and recovery evidence, so the finding of guilt was upheld. Statements recorded by the Magistrate from surviving victims were not dying declarations and did not qualify as res gestae because they lacked contemporaneity and spontaneity; they could not be used as substantive evidence, though this did not affect the conviction. The death sentence was confirmed because the crime involved planned and exceptional brutality in burning passengers alive, bringing the case within the rarest of rare category where life imprisonment was found inadequate. en-us Wed, 28 Aug 1996 00:00:00 +0530 Mon, 09 Sep 2024 12:32:15 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457160 Identification of the appellants as participants in the bus burning, robbery and murders was proved through in-court and test identification, consistent survivor testimony, and recovery evidence, so the finding of guilt was upheld. Statements recorded by the Magistrate from surviving victims were not dying declarations and did not qualify as res gestae because they lacked contemporaneity and spontaneity; they could not be used as substantive evidence, though this did not affect the conviction. The death sentence was confirmed because the crime involved planned and exceptional brutality in burning passengers alive, bringing the case within the rarest of rare category where life imprisonment was found inadequate. Case-Laws Indian Laws Wed, 28 Aug 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457160