Delhi APO 2005

Which one of the following statements is correct? In a trial of 'A' for the murder of 'B', marks on the ground produced by a struggle at or near the place of murder is a fact

Verified Answer
A. forming part of the same transaction
B. necessary to explain or introduce relevant fact
C. showing existence of state of mind or of body
D. as to the occasion, cause or effect of facts in issue

Explanation:

As per Section 7 of the Indian Evidence Act, 1872, 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. Marks on the ground produced by a struggle are an effect of the fact in issue (murder) and constitute the state of things under which it happened.