10.
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 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.
Illustration
Reasonable ground exists for believing that
A has joined in a conspiracy to wage war against the Government
of India.
The facts that B procured arms in Europe
for the purpose of the conspiracy, C collected money in Calcutta
for a like object, D persuaded persons to join the conspiracy
in Bombay, E published writings advocating the object in view
at Agra, and F transmitted from Delhi to G at Kabul the money
which C had collected at Calcutta, and the 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 stranger to him, and although they may have taken
place before he joined the conspiracy or after he left it.
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