Question

The question is whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts under

• A. S.7
• B. S.6
• C. S.8
• D. S.11

Hint:

For questions on relevancy, remember the keywords for each section. S.6: Same transaction. S.7: Occasion, Cause, Effect. S.8: Motive, Preparation, Conduct. S.9: Explanatory/Introductory facts. S.11: Alibi/High Probability.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question presents a factual scenario and asks under which section of the Indian Evidence Act the 'marks on the ground' would be considered a relevant fact. This requires understanding the different categories of relevancy defined in the Act.
Step 2: Detailed Explanation:
Let's analyze the relevant sections:
- Section 6 (Res Gestae): Deals with facts connected with the fact in issue so as to form part of the same transaction. This usually involves statements made during the event. While the struggle is part of the same transaction, Section 7 is more specific.
- Section 7 (Facts which are the occasion, cause, or effect of facts in issue): This section makes relevant the facts which are the occasion, cause, or effect, immediate or otherwise, of relevant facts, or facts in issue. The marks on the ground produced by the struggle are a direct effect of the act of murder (the fact in issue). The struggle itself is the cause, and the marks are the effect. Therefore, this section is directly applicable.
- Section 8 (Motive, preparation and previous or subsequent conduct): Deals with the motive for the crime, any preparation made, and the conduct of the parties. Marks on the ground do not fit into these categories.
- Section 11 (Facts not otherwise relevant become relevant): This is a residuary section dealing with facts that make the existence or non-existence of a fact in issue highly probable (alibi is a key example). Section 7 is more specific here.
The marks of the struggle are a clear and immediate effect of the main event (the murder), making them relevant under Section 7.
Step 3: Final Answer:
The marks on the ground are an 'effect' of the fact in issue (the murder) and are therefore relevant under Section 7 of the Indian Evidence Act. Option (A) is correct.