Co-accused confession evidence under Section 30 is limited to the same offence; circumstantial evidence upheld murder convictions.

Section 30 of the Evidence Act permits use of a co-accused's statement against another accused only when it is a confession of the same offence for which they are jointly tried. A statement admitting only disposal of the corpse was not a confession of murder and could not be used against the other accused. After excluding that statement, the convictions could still rest on the remaining circumstantial evidence, including false explanations, the discovery of the body on the route travelled, the accused's conduct, and the second accused's admissions to witnesses. That chain of evidence was held sufficient to prove participation in the murder, and the convictions and sentences were upheld.

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Issues: Admissibility and scope of a co-accused's statement under Section 30 of the Evidence Act, and whether the remaining evidence was sufficient to sustain the convictions for murder.

Analysis: The statement made by one accused could be used against a co-accused only if it was a confession of the very offence for which both were jointly tried. A statement admitting only participation in disposal of the corpse was not a confession of murder and could not be taken into consideration against the co-accused under Section 30. Once that statement was excluded, the convictions had to rest on the remaining circumstantial evidence, including the conduct of the accused, their false explanations about the deceased's whereabouts, the discovery of the body on the route they were travelling, and the subsequent admissions made by the second accused to several witnesses. That evidence formed a strong and consistent chain pointing to the participation of both accused in the murder.

Conclusion: The co-accused's statement was not admissible against the other accused under Section 30 as a confession of murder, but the remaining evidence was sufficient to prove guilt; the convictions were upheld.

Final Conclusion: The appeals failed and the convictions and sentences for murder were confirmed on the basis of the circumstantial evidence and the second accused's own admissions.

Ratio Decidendi: Section 30 of the Evidence Act applies only to a confession of the same offence for which the accused are jointly tried, and a co-accused's statement cannot be used against another accused unless it is such a confession and there is otherwise sufficient evidence.

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