The fact that at the time when he left home he had sudden and urgent business
at the place to which he went is relevant, as tending to explain the fact that he
left home suddenly.
The details of the business on which he left are not relevant, except in so far
as they are necessary to show that the business was sudden and urgent.
(d) A sues B for inducing C to break a contract of service made by him with A.
C, on leaving A's service, says to A "I am leaving you because B has made me
a better offer". This statement is a relevant fact as explanatory of C's conduct,
which is relevant as a fact in issue.
(e) A, accused of theft, is seen to give the stolen property to B, who is seen to
give it to A's wife. B, says as he delivers it: "A says you are to hide this." B's
statement is relevant as explanatory of a fact which is part of the transaction.
(f) A is tried for a riot and is proved to have marched at the head of a mob. The
cries of the mob are relevant as explanatory of the nature of the transaction.
23. Things said or done by conspirator in reference to common design. Where
there is reasonable ground to believe that two or more persons have conspired together
to commit an offence or an actionable wrong anything said, done or written by any one
of such persons in reference to their common intention, after the time when such
intention was first entertained by any one 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 the conspiracy as for the purpose of showing that any such person was a
party to it.
Illustrations
Reasonable ground exists for believing that A has joined in a conspiracy to wage war
against Pakistan.
The facts that B procured arms in Europe for the purpose of the conspiracy, C
collected money in Peshawar for a like object, D persuaded persons to join the
conspiracy in Karachi, E published writings advocating the object in view at Multan,
and F transmitted from Lahore to G at Kabul the money which C had collected at
Peshawar and contents of a letter written by H giving an account of the conspiracy are
each relevant, both to prove the existence of the conspiracy, and to prove A's complicity
in it, although he may have been ignorant of all of them, and although the persons by
whom they were done were strangers to him and although they may have been taken
place before he joined the conspiracy or after he left it.
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