Penal Code, 1860–Sec. 397 [Corresponding Sec. 311 of BNS, 2023]–Evidence Act, 1872–Sec. 27–Conviction–Sustainability–Trial Court was not correct in referring the disclosure statements of the appellant because these do not come in the purview of Sec. 27–Further, the injuries on the person of appellant cannot be taken into consideration because the prosecution did not disclose the manner of the occurrence and there is no eye-witness of the incident–Further, the recovery of key of hero-honda from the appellant at the time of his arrest is not established–It is also quite unnatural that the appellant was wearing the blood-stained clothes even after two days of the incident–Held, judgment of conviction could not have been recorded.
