Professional Documents
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The fellow servants of Richardson recollected that on that day they and
Richardson were driving master’s cart. While passing a wood,
Richardson left the cart saying that he must run to smith shop and told
fellow that he would come back in half an hour but he took longer time.
On being asked by a fellow servant, he told that he had stopped in the
wood to gather some nuts. One of his stockings was wet and soiled. He
told that he had stepped into a marsh which he named also. His fellow
servants remarked that that he must have been either mad or drunk as
there was a foot path by the side of the marsh. The time of absence from
the cart and the distance of the cottage from there appeared from the cart
and the distance of the cottage from there appeared that he might have
gone there, committed the crime and returned. On the search, his
stockings were found concealed in the tatch of his apartment. The
stockings were much soiled and some blood stains were also found on
them. He first told that he had bleeding in the nose a few days back and
then he said that he had assisted a horse in bleeding but it proved that he
had not assisted. The soil on examination was found to correspond with
that of more the puddle adjoining the cottage and was of a particular
kind found in the neighbourhood. The shoe-maker who had mended his
shoes a short while ago, was discovered. On the shoes being exhibited to
the shoe-maker, he told that he had mended the shoes which were of
prisoner. It came out that he was acquainted with deceased and was on
one occasion seen with her in such situation as to give rise to suspicion
that he had criminal intercourse with her. On being taunted with such
connection with one in her situation, he felt ashamed and greatly hurt.
The man sitting next to him at the time, the shoes were measured, he
appeared to be a good deal agitated. Between that time and his
apprehension he was advised to fly but he answered, "Where can I fly
to?" the prisoner was convicted, confessed and hanged.
Here are ten separate marks, five of which must have been found in the
murderer, one of which must have been found on the murderer if he
wore stockings, whilst others probably would be found in him.
All ten were found in Richardson. Four of them were so distinctive that
they could hardly have met more than one man. It is hardly imaginable
that two left-handed men, wearing precisely similar shoes and closely
resembling each other, should have put the same leg into same hole of
the same marsh at the same time, the one of them should have
committed a murder, and that the other should have causelessly hidden
the stocking which had got soiled in the marsh. Yet this would be the
only possible supposition consistent with Richardson’s innocence."
Relevant under the act
This act does not give any definition of word "relevant". It only lays
down that a fact becomes relevant only when it is connected with other
facts in any of the ways referred to, in this Act relating to the relevancy
of facts. Under Chapter II, section 5 to 55 deal with the relevancy of
facts. A fact in order to be relevant fact must be connected with the fact
in issue or with any other relevant fact in any of the ways referred to in
Sections 5 to 55. A fact not so connected is not a relevant fact. The
scheme of the Act seems to make all relevant facts admissible.
Logically relevant and legally relevant
The main problem in this regard is deciding which fact is legally
relevant as well as logical in nature. A fact may be logically relevant to a
particular case but there is no guarantee that it will be legally admissible
in the courts. So all the evidences that are to be produced in the courts
have to pass two hurdles it has to be both:
1.logically relevant and
2.legally admissible at the same time.
When a fact is connected with another fact, it is logically relevant but it
is relevant if the law declares it to be relevant. If it is not declared by the
law to be relevant, it is not admissible in evidence. "Every fact that is
legally relevant is also logically relevant but every logically relevant fact
may not be necessarily legally relevant." Under the Evidence Act, a fact
is said to be relevant to another when it is relevant under the provisions
of Sections 6 to 55 of Evidence Act.
The case of "Ram Bihari Yadav v. State of Bihar"is a very important
case which helps us to understand the concept of clearing the two
hurdles and the distinction between relevancy and admissibility. The
force of the section lies in the last four words where it is meant that
relevancy is actually the test of admissibility. The Supreme Court in this
case said that in most cases the two words admissibility and relevancy
are used interchangeably with each other but their legal implication are
very different because often relevant facts such as communication
between the spouses in marriage is important but not legally admissible.
Logically relevant facts are the most important for the purpose of the
solving of a case because they seem very logically connected to the issue
however due to some reason they are not legally admissible under the
Indian Evidence Act.
Section 146 of the Indian Evidence Act is the section relevant here
because it talks about the questions in the cross examinations of the
witness.