(10) Section 27 of the Evidence Act provides that"When any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby diseovered, may be proved". Therefore, only those components or portionsjadiichweretheimniediatecauseofthediscoverywould be legal evidence and not the rest which has to be rejected. Even if we take the memorandum. statements to be proved, they lead to disdovery of tangia and lathi. These are the coramon articles found in the house of the villagers. Though blood stains were found over these articles in FSL report, but, fhere is no evidence to prove their'origin' or'group'. We are of the view that even if solitary circurastance of discovery and seizure is held to be proved, in absence of proof of'origin' and'group' of the blood stains found over these articles, allegedly seized at the instances of the appellants,itwould not be sufficient to hold fhem guilty of the offence punishable u/ss 302/34 8s 201/34IPC.
