592 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
III. Facts which are consistent with facts in issue or with relevant facts or which makes a fact in issue or of a relevant fact highly probable.
The Section is no doubt expressed in terms so wide and so extensive that any fact which can by a chain of ratiocination be brought into connection with another so as to have a bearing upon a fact in issue or a relevant issue may possibly be held to be admissible.
That such an extensive meaning was not intended by the legislature is clear from the word ‘highly’. The words ‘highly probable’ point out that the connection between the facts in issue and the fact sought to be proved must be so mediate as to render the co-existence of the highly probable.— 6 Cal. 665 (662).
To render a collateral fact admissible under this section, it must (a) be established by reasonably conclusive evidence and (b) when established afford a reasonable presumption or inference as to the matter in dispute.—6 Bom. L. R. 983.
The terms of this section though very wide must be read subject to other sections of the Act.
Illus—
- Ramanujan vs. King Emperor.
58 Mad. 523 F. B.
Ramanujan was charged for having murdered Seethammal. Facts given at p. 526.
There was no eye-witness to the murder. The prosecution tendered evidence of the following facts :
That Seethammal when she left her husband joined the prisoner taking with her some jewels and some silver vessels.
That Seethammal and the accused lived together at various addresses.
They were last seen in 24 Peddunaicken Street on the
11th January.
On the morning of the 12th, when the milk woman went, the room was locked.
That on or about the 13th he pledged certain ornaments belonged to Seethammal.