AIR 1996 SUPREME COURT 2791 ::1996 AIR SCW 3555 ::(1996) 2 LS 477 ::(1997) 1 CriCJ 49 ::1997 (2) CurCriR 119 ::1997 CriLR(SC&MP) 134 ::1996 (6) SCC 241 ::1996 SCC(Cri) 1290 ::(1997) Mad LJ(Cri) 199 ::(1996) 3 RecCriR 548 ::1997 CriLR(SC MAH GUJ) 134 ::(1996) 4 AndhLD 1121 ::(1996) 4 Andh LT 1038 ::1997 (1) BLJ 740 ::(1996) 3 AllCriLR 295 ::1997 (1) EastCriC 62 ::1997 (12) OCR 235 ::(1996) 3 SCJ 247 ::1996 (3) Crimes 197 ::1997 (1) APLJ 22 ::1996 (33) AllCriC 802 ::(1997) SC Cr R 57 ::(1996) 7 JT 491 (SC)

Supreme Court Of India

(From : Andhra Pradesh)*

Hon'ble Judge(s): A. S. Anand, K. T. Thomas , JJ

(A) Evidence Act (1 of 1872) , S.6, S.32, S.157— Hearsay evidence - Res gestae - Setting up of bus on fire by accused - Magistrate recording statements of victims under expectation of death - In view of appreciable interval between acts of incendiarism and Magistrate recording statements, statements are not admissible as forming part of res gestae - Maker of statement not dying - Statement cannot be used as substantive evidence. Cri. A.No. 620 of 1995, D/- 2-11-1995 (Andh Pra), Reversed. (Para 16 17) (B) Penal Code (45 of 1860) , S.302— Death sentence - Mitigating circumstances - Accused sneaking into a passenger bus with most inflammable liquid, petrol, and match box and then setting it ablaze - Result, roasting of passengers and death of 23 passengers - Not even faces of some of cute children besides those of harmless passengers deterring accused from executing their scheme - Facts that accused were young and prime motive was not murder but property and accused not preventing at least some of passengers from escaping - Do not constitute mitigating circumstances - Death sentence is warranted. (Para 24) .....