Lecture-6

Res gestae…contd.
 Sec.7
• Section 7: Facts which are the occasion, cause
or effect of facts in issue.
• The section reads: “Facts which are the
occasion, cause or effect, immediate or
otherwise, of relevant facts, or facts in issue,
or which constitute the state of things under
which they happened, or which afforded an
opportunity for their occurrence or
transaction, are relevant”.
 (a) The question is, whether A
Illustration robbed B.
Illustration(a) The facts that, shortly before the
indicates: of facts robbery B went to a fair with money
which form the state in his possession, and that he showed
of things in which a it or mentioned the fact that he had
fact in issue, namely, it, to third persons, are relevant.-
that B was robbed,
happened (b) The question is, whether A
Illustration(b)indicates murdered B.
: of facts which are the Marks on the ground, produced by a
effects of the fact in struggle at or near the place where
issue, namely, that B the murder was committed, are
died a violent death; relevant facts.
 (c) The question is,
Illustration…contd. whether A poisoned B.
Illustration (c) The state of B's health
shows how before the symptoms
facts which ascribed to poison and
afford an habits of B, known to A,
opportunity which afforded an
would be opportunity for the
relevant administration of poison,
are relevant facts.
 Analysis
• The word “occasion” means cause as well as
opportunity according to the context
• Facts which constitute immediate cause and
effect of the facts in issue, constitute also part
of the same transaction as the fact in issue
• Remote causes and effects of course do not
form part of the same transaction
• “Facts which constitute the state of things”-
They are the circumstances in which a fact in
issue happened, and all such circumstances
form a part of the same transaction
 Analysis…contd.

• “facts which constitute opportunity”-They

are also the circumstances in which a fact in
issue happened
• This section also makes relevant facts which
are the
• Occasion,
• Cause, or
• effect of relevant fact, the state of things in
which a relevant fact happened, or
• Which afforded an opportunity for the
happening of a relevant fact
 Contd.

• The Supreme Court observed that, like a

photograph of a relevant incident, a
contemporaneous tape record of a relevant
conversation is a relevant fact admissible
under sec. 7 and 8.
• The imprint on the magnetic tape is the direct
effect of the relevant sources. Thus, if a
statement is relevant, an accurate tape record
of the statement is also relevant and
admissible (Yusuf Alli vs. State: AIR 1968 SC
147), R.M. Malkani vs. State AIR 1973 SC 157;
Ziyauddin vs. Brijmohan, AIR 1975 SC 1788.
 R.M. Malkani vs. State
• Tape recorded conversation is admissible,
provided first the conversation is relevant to
the matters in issue, secondly, there is
identification of the voice and thirdly, the
accuracy of the tape-recorded conversation is
proved by eliminating the possibility of erasing
the tape-recorder.
• The tape-recorded conversation is, therefore,
a relevant fact under section 8 of the Evidence
Act and is admissible under s. 7 of the
Evidence Act.
 Ziyauddin vs. Brijmohan

• The evidence relating to the appellant's speeches,

discussed fully by the High Court, consisted of :
• 1. Cassettes or tape records of the appellant's speeches.
• 2. Transcripts of tape recorded speeches prepared
shortly after tape-recording them.
• 3.Full shorthand records of speeches of the appellant by
those who heard them at meetings.
• 4.Notes and records containing summaries of the
appellant's speeches made by persons attending
meetings.
• 5.Statements of witnesses present at the meetings who
had actually heard what was said by the appellant.
 Contd.

• The tape records of speeches were "documents", as

defined by Section 3 of the Evidence Act, which stood on
no different footing than photographs, and that they were
admissible in evidence on satisfying the following
conditions
• (a) The voice of the person alleged to be speaking must
be duly identified by the maker of the record or by others
who knew it.
• (b)Accuracy of what was actually recorded had to be
proved by the maker of the record and satisfactory
evidence, direct or circumstantial, had to be there so as to
rule out possibilities of tampering with the record. (c)The
subject matter recorded had to be shown to be relevant
according to rules of relevancy found in the Evidence Act.
 Sec-8
• “Any fact is relevant which shows or constitutes
a motive or preparation for any fact in issue or
relevant fact.
• The conduct of any party, or of any agent to any
party, to any suit or proceeding, in reference to
such suit or proceeding, or in reference to any
fact in issue therein or relevant thereto, and the
conduct of any person an offence against whom
is the subject of any proceeding, is relevant, if
such conduct influences or is influenced by any
fact in issue or relevant fact, and whether it was
previous or subsequent thereto”
 Motive…refers to Illus(a) and (b)
• Motive is that which moves, or influences the
mind
• Motive is that which moves or induces the
mind to act in a certain way
• Motive is that which stimulates and incites an
action, and it is altogether different from
intention
• A person’s intention in his decision to do or not
to do a particular act; his motive is his reason
for forming that decision
• First step in every investigation: “Look for him
whom the crime profits”
 Illustrations(motive)
• (a) “ A is tried for the • (b) “A sues B upon a
murder of B. bond for the payment
• The fact that A of money. B denies the
murdered C, that B making of the bond
knew that A had • The fact that, at the
murdered C, and that B time when the bond
had tried to extort was alleged to be made,
money from A by B required money for a
threatening to make his particular purpose, is
knowledge public, are relevant”- To show B
relevant-To show that A borrowed money and
committed the murder executed a bond
 Illustration(preparation)
• (c) “ A is tried for • (d) “ The question is,
whether a certain
the murder of B by document is the will of A.
poison • The facts that, not long
before the date of the
• The fact that, alleged will, A made enquiry
into matters to which the
before the death provision of the alleged will
of B, A procured relate, that he consulted
vakils in reference to
poison similar to making the will, and that he
that which was caused drafts of other wills
to be prepared, of which he
administered to B, did not approve, are
is relevant relevant”
 Conduct
• A fact can be proved by conduct of a party and by
surrounding circumstances
• Statements accompanying or explaining conduct
are also relevant as evidence as conduct
• The production of articles by an accused person is
relevant as evidence of conduct
• The conversation over telephone for settling details
for passing bribe-money was recorded by secret
instruments. This was held to be evidence of
conduct. It matters not how you get it, if you steal it
even, it would be admissible in evidence(malkani V
state of Maharashtra, AIR 1973 SC 157)