In order to prove the existence or non-existence of the facts in issue,

certain other facts may be given in evidence, called relevant facts.

Such
9 Discuss the relevancy of the following under the Indian Evidence Act,
1872 :(a) The question is whether A sold pure ghee to B ('fact In issue'). A wants to
offer in evidence the fact that he sold pure ghee to C,D, E and some other
customers on the same day.
{Contd....)28
LAW OF
EVIDENCE
facts may have such a direct or indirect connection with the fact in
issue, that they render the latter probable or improbable. According to
Sec.5, evidence may be given of the existence or non-existence of
every fact in issue and of relevant facts, and of no others.
The provisions relating to Secs.6-9 could be summarised as follows :(1) Sec. 6 (Relevancy of facts forming part of the same transaction) The
principle of this section is that whenever a "transaction" such as a contract
or a crime, is a fact in issue, then evidence can be given of every fact
which forms part of the same transaction. Transaction refers to a series of
acts so connected together as are capable of being called by a single
name e.g. a contract, a crime, etc. The acts in a transaction need
not occur at the same time and place.
Illustration (a) to Sec.6 - A is accused of B's murder by beating him.
Whatever was said or done by A or B or by the by-standers at the
beating or shortly before or after it as to form part of the transaction,
is a relevant fact.
Statements often accompany physical happenings. The question is to
what extent such statements can be regarded as parts of the
transaction. For a statement to be a relevant fact, it must be

contemporaneous

with

the

fact,

i.e.,

made

either during or immediately before or after its

occurrence. If the statement is made after the
act is over and its maker had the time for
reflection and deliberation (or a narration of
past events), then it is not relevant. Thus, A,
while running in street, crying that B has
stabbed him, is a relevant fact. But, statements
made during the
(
C
o
n
t
d
.
.
.
.
)
(b) A was charged for the murder of his wife who was
missing for some time ('fact in issue'). Later on, a
dead

body

was

recovered

by the police and

the

photograph was published in the newspaper. After

seeing the photograph, A said to his colleague, "People
are saying that the photograph is of my wife. Please go
and see". Then A left the office after taking leave.
(c) The fact testified to by D that soon before the alleged
murder by A,C had peeped through the window and
exclaimed "Look A is aiming his gun towards B".
(d) The fact that B was seen coming out of the house of A

distressed and sobbing soon after her alleged rape by A.

(e) In A's trial under Sec.420, IPC for cheating by falsely
representing to B that he was the manager of a
Bank

and

would employ him as a cashier if he

deposited with him Rs. 10,000/-, evidence is sought to

be given that A had made similar representations to C
and 0 and obtained Rs.10,000/- from each of them.
[C.LC-91/93]RELEVANCY
OF

AND

ADMISSIBILITY

F AC T S 2 9
investigations of a crime are not relevant facts.
Where shortly after the murder, the person
suspected of it explained away the absence of
the deceased by saying that he had left the
village, held that statement is a relevant fact,
being part of the transaction.