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Gopal is accused of murdering his eight-year-old nephew Chintu. Witnesses say that: (1) about an hour…

None of the witnesses saw the killing; they speak to surrounding facts, namely opportunity, conduct and a bloodstain, from which guilt is to be inferred, which makes this…

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Gopal is accused of murdering his eight-year-old nephew Chintu. Witnesses say that:
(1) about an hour before the killing, Gopal walked with Chintu towards the sugarcane field where the body was later found;
(2) Gopal came back alone; and
(3) the sleeve of Gopal's kurta was stained with blood. No one saw the killing itself. What kind of evidence do these facts make up?

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Answer and explanation

Correct answer B

None of the witnesses saw the killing; they speak to surrounding facts, namely opportunity, conduct and a bloodstain, from which guilt is to be inferred, which makes this circumstantial evidence. Such facts are relevant under BSA sections 5 and 6. Each witness speaks to what he personally saw, so the evidence is not hearsay, and secondary evidence concerns the contents of documents.

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