The accused in the instant case was charged for killing a person by driving over him. A witness saw the vehicle at a high speed, but did not see the accident. On hearing cries of the victim, he reached the spot. The victim died after making statement as to cause of accident. The statement was held as admissible.
The above mentioned are facts of the famous case law-
The case of R Vs. Foster 1941 is a very important case law in Law of evidence. It applies and explains the doctrine of res gestae very well.
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