Amendment status not verified — confirm the current text below against the official source.
Where there is reasonable ground to believe that two or n101'epersons have conspired together tOI CO111111it an offence or an actionable wrong, any thing' said, done or written by anyone of' such persons in reference to their common intention, after the tiIne when such intention was first entertained by anyone of them, is a relevant fact as against each of the persons believed to be so conspiring, as.well for the purpose of proving the existence of tho conspiracy as for the purpose of showing that any such person was a party to it. ./ "'- 111udj'(di~JZ, 1'<. fA , --v . -. e,. <- 1872, J Evidence. I lluat'1'ation. Reasonable ground exists for believing that A has joined -ina conspiracyto wagewar againstthe Queen. :' The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D persuaded persons to join the conspiracy in Bombay, E pub" Iished writings advocating the object in view at Agra, and F , transmitted from Delhi to Gat Cabul the money which Chad ",'. '1" collected at Calcutta, and the contents of a letter wl'itten by H giving an account of the conspiracy,are each relevant, -both to prove the existence of the conspiracy, and to prove A's ~om- plicity in it, although he may have been ignorant of all of them, and although the personsby whom they weredonewere-strangers to him, and although they may havetaken place before he joined the conspiracy or after he left it. ] 1. Facts not otherwise relevant are rele~1:ant- (1) if they are inconsistent with any fact in issue or relevant fact; - (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. - IUzlst1'ations. ~ When facts not otherwise relevant become relevant. . (a.) The question is, whether A committed a crime' at Cal~ cutta 011a certain day. The fact that, on that day, A was at Lahore is relevant. The fact that, near the time when the crime was commit~ed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, - that hc committed it, is relevant. (b.) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, H, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant. .