Question: A is facing trial for the murder of B by intentionally shooting him dead. Is the fact that A on other occasions shot at B relevant? [U.P.C.J. 2003, U.P.H.J.S. 2014] Find the answer to the mains question only on Legal Bites. [A is facing trial for the murder of B by intentionally shooting him dead. Is the fact that A on other occasions shot at B relevant?] Answer The present facts of the case are borrowed from illustration (o) to section 14 of the Indian Evidence Act, 1872. In...
Question: A is facing trial for the murder of B by intentionally shooting him dead. Is the fact that A on other occasions shot at B relevant? [U.P.C.J. 2003, U.P.H.J.S. 2014]
Find the answer to the mains question only on Legal Bites. [A is facing trial for the murder of B by intentionally shooting him dead. Is the fact that A on other occasions shot at B relevant?]
Answer
The present facts of the case are borrowed from illustration (o) to section 14 of the Indian Evidence Act, 1872. In this case, A is tried for the murder of B by intentionally shooting him dead. The fact that A, on other occasions shot at B is relevant, as showing his intention to shoot B.
Evidence of general reputation, disposition, habit or tendencies is inadmissible as under Explanation 1 the evidence relating to the state of mind of a person must show that the state of mind exists not generally but in reference to the particular matter in question.
Similarly, Explanation 2 distinctly states that, where the previous commission of an offence is relevant, the previous conviction of such person should also be a relevant fact. The Explanation is a particular application of the general rule contained in the section itself. Previous convictions become relevant when the existence of any state of mind, or body, or bodily feeling, is in issue or relevant.
Thus the act of A that he has previously shot B at other occasions shows his intention to do so and hence is relevant by virtue of section 14.
Important Mains Questions Series for Judiciary, APO & University Exams
- Law of Evidence Mains Questions Series Part-I
- Law of Evidence Mains Questions Series Part-II
- Law of Evidence Mains Questions Series Part-III
- Law of Evidence Mains Questions Series Part-IV
- Law of Evidence Mains Questions Series Part-V
- Law of Evidence Mains Questions Series Part-VI
- Law of Evidence Mains Questions Series Part-VII
- Law of Evidence Mains Questions Series Part-VIII
- Law of Evidence Mains Questions Series Part-IX
- Law of Evidence Mains Questions Series Part-X
