Learned counsel for the State has further submitted that the submission made by learned Amicus Curiae that P.W.-5 is not an eye witness to the occurrence is not acceptable as during examination-in-chief, P.W. 5 Ropna Kachuwa has categorically stated that he has seen the occurrence and during crossexamination the evidence remained intact as this witness has claimed himself that he has seen the occurrence. Learned counsel for the State has further submitted that recovery of tangi subsequent to the statement of the accused in police custody will come under the purview of Section 27 of the Indian Evidence Act. Learned counsel for the State has further submitted that as per section 27 of Evidence Act, 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 discovered, may be proved. Learned counsel for the State has further submitted that as per the confessional statement of the accused, he has confessed that after killing the victim he fled away alongwith tangi and kept the same in village, Saldega, which he could show to the police, pursuant thereto tangi was recovered and seizure list was prepared and the same has been marked as exhibit-3/1. This evidence has been corroborated by P.W.-3, Baidnath Singh, investigating officer of the case, who has proved the fardbeyan of Ropna Kachuwa (P.W.-5) in his handwriting and signature of Ropna Kachuwa (P.W.-5) as exhibit-1, inquest report prepared in his handwriting and signature as exhibit-2, seizure of an empty bag and one old bamboo piece with blood stained soil, has been proved and marked as exhibit-3, the arrest memo of the accused has been proved and marked as exhibit-4, the confessional statement of the accused bearing thumb impression of the accused has been marked as 'X' for identification, the production-cum-seizure list of tangi bearing signature of the witnesses has been
