The principle of res gestae -Fact-Evidence

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

S. ABDUL NAZEER; J., B.R. GAVAI; J., A.S. BOPANNA; J., V. RAMASUBRAMANIAN; J., 

B. V. NAGARATHNA; J.

CRIMINAL APPEAL NO. 1669 OF 2009; 15 December, 2022

NEERAJ DUTTA versus STATE (GOVT. OF N.C.T. OF DELHI)

the principle of res gestae, a fact includes a state of things or events

as well as the mental state i.e. intention or animus. A fact in law of evidence includes the

factum probandum i.e., the principal fact to be proved and the factum probans, i.e., the

evidentiary fact from which the principal fact follows immediately or by inference. On the

other hand, the expression “fact in issue” means the matters which are in dispute or which

form the subject of investigation. (vide Section 3 of Evidence Act).

31. It is well settled that evidence is upon facts pleaded in a case and hence, the

principal facts are sometimes the facts in issue. Facts relevant to the issue are evidentiary

facts which render probable the existence or non-existence of a fact in issue or some

relevant fact.

32. In criminal cases, the facts in issue are constituted in the charge, or acquisition, in

cases of warrant or summon cases. The proof of facts in issue could be oral and

documentary evidence. Evidence is the medium through which the court is convinced of

the truth or otherwise of the matter under enquiry, i.e., the actual words of witnesses, or

documents produced and not the facts which have to be proved by oral and documentary

evidence. Of course, the term evidence is not restricted to only oral and documentary

evidence but also to other things like material objects, the demeanour of the witnesses,

facts of which judicial notice could be taken, admissions of parties, local inspection made

and answers given by the accused to questions put forth by the Magistrate or Judge under

Section 313 of the Criminal Procedure Code (CrPC)