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    Question

    A' is tried for murder of 'B' intensely beating him

    with a club causing his death, which of the following facts are in issue?
    A A's beating 'B' with club Correct Answer Incorrect Answer
    B A's causing B's death by such beating Correct Answer Incorrect Answer
    C A's intention to cause B's death Correct Answer Incorrect Answer
    D All of the above. Correct Answer Incorrect Answer

    Solution

    All the above- mentioned statement s constitute relevant facts and therefore evidence ca be taken on them. As per Indian Evidence Act, S. 5. Evidence may be given of facts in issue and relevant facts . –– Evidence may be given in any suit or proceeding of the existence of non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation. ––This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure   Illustrations (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At A’s trial the following facts are in issue: –– A’s beating B with the club;   A’s causing B’s death by such beating;   A’s intention to cause B’s death.  

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