Difference between res gestae and same transaction

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• The Doctrine of Res Gestae embodied in Section 6 of Indian Evidence Act literally means 'things done'. Every fact story is made up of certain acts/omissions and statements which throw some light upon the nature of transaction or reveals its true character. Eery such fact should be treated as part of the transaction and evidence of it should be received. Res Gestae thus mean surrounding circumstances which are inseparable from the main fact and are necessary to explain nature of the act.
• In Ratten v The Queen, 1972 AC 378, a man was prosecuted for murder of his wife. His defence was that he shot accidently but there was evidence to know that the deceased telephoned saying "Gete me the police" The call in distress was held to be a valid evidence against the accused.
• The term same transaction has not been defined in the Evidence Act. Transaction is a group of acts so connected together as to be referred to as a single legal name in issue. In order to define different acts as samme transaction, they should be in proximity with respect to time, place, continuity of action and community of purpose.
• The only difference between the two terms is that Res Gestae is a component of same transaction.

Res gestae includes facts which form part of same transaction. So, it is pertinent to examine what is a transaction, when does it start and when does it ends. If any fact fails to link itself with the main transaction, it fails to be a res gestae and hence inadmissible