Doctrine of Res Gestae

Conspiracy

UNIT: 1- DEFINITIONS AND RELEVANCY OF FACTS

By
Dr. Megha Garg
Assistant professor
School of Legal Studies
K.R. Mangalam University
 • Res gestae contains facts
that are part of the same
transaction.
• Appropriate to examine what
a transaction is, when it
begins and when it ends.
Res Gestae • If any fact does not connect
to the main transaction, it is
not a res gestae and
therefore inadmissible.
• Res Gestae is an exception to
Hearsay rule.
Assumption

The statement made

naturally, spontaneously or
without any deliberation
during the course of an
event carry high grade of
credibility and the court
believes them to be true.
 Illustrations

• An injured or injured
A is accused of the
A ismurder
relevant fact.
person’s cry.
of B by beating him. Whatever
• The witness’s cry to see a
was said or done by:
murder happen.
A (accused) or
• The sound of a shot of a
B (victim) or
bullet.
the bystanders (third party)
• The person being attacked is
at the time of beating, or so
crying for help.
shortly before or after it as to
• Gestures made by the person
form part of the transaction, is a
relevant fact. dying etc .
Transaction

A transaction, as the term

used in this section, is
defined as a crime,
contract, error, or any
other subject of inquiry
that may be in question by
a single name.
TEST FOR DECIDING A TRANSACTION

Proximity of Time

Interval between acts

should not be so long to
make them remotely
connected.
TEST FOR DECIDING A TRANSACTION

Proximity of Place

Acts should be
connected by
proximity of location
TEST FOR DECIDING A TRANSACTION

Community of Purpose

Several acts cannot be

part of same
transaction, if there is
no common purpose
behind them
TEST FOR DECIDING A TRANSACTION

Continuity of Action

Several acts of an event

cannot be part of same
transaction if there is
no continuity between
them and the chain is
snapped.
 Important Case Laws

• R v. Beddingfield
Victim with a cut throat came running out of a house. She was crying
continuously but did not say a word about how the injury was caused.
However, as soon as her aunt came she told her, O Aunt, see what
Beddingfield has done to me.
Statement was held not valid as res gestae as the throat was already been
slit.

• Ratten v. Queen
Husband was accused of killing hi wife but said it was misfire. But,
before incident there was a call from his wife to telephone operator in
which she told him to call police in sobbing voice and hysterical state.
Statement hel admissible as res gestae and accused got convicted.
 Important Case Laws

• Sawal Das v. State of Bihar

Here a husband, his father and mother were prosecute for the murder of
his wife. There were evidence to show that she cried out for help and
also screamed out that she was being killed by the accused persons. Also,
the children who were playing outside exclaimed that their mother was
being killed.
These statement of the deceased as well as of the children were held to be
relevant as res gestae.
 Important Case Laws

• Bishna v. State of West Bengal

Two brothers were attacked and one of them got killed and the other
one got unconscious s due to injury.
• Mother was eye witness of the incident.
• two witnesses reached the place of occurrence immediately after the
incident had taken place and found the dead body of Prankrishna and
injured Nepal in an unconscious state
• One of them found the mother of Prannkrishna and Nepal weeping
and heard about the entire incident from an eye-witness and the role
played by each of the appellants.
• Their testimony was held to be admissible under section 6 of the
Evidence Act.
 Charges of
Murder

Ac
qu
it t
ed

DIProved
 SECTION 10

Things said or done by

conspirator in reference to
common design
where there is reasonable ground to
believe that two or more persons have
conspired together to commit an offence
or an actionable wrong, anything said,
done or written by any one of such
persons in reference to their common
intention, after the time when such
intention was first entertained by any
one of them is a relevant fact as against
each of the persons believed to be so
conspiring, as well as for the purpose of
proving the existence of the conspiracy
as for the purpose showing that any such
persons was a party to it.
 Sec 120A
IPC

Criminal Conspiracy

When two or more persons agree to do or cause to be

done -
(1) an illegal act, or
(2) an act which is not illegal by illegal means, such an
agreement is designated a criminal conspiracy.
 Conditions for application of Section 10 of the
Indian Evidence Act 1872

1)Reasonable Grounds to believe the existence of conspiracy.

2)There should be two or more persons
3)Common intention
4)Act or Statement of the conspirator
5)The act or statement of must be in reference to common
intention.
Thank You