Thomas P. Joseph, J.

"Is authorship of concealment sine qua non to make information received from a person accused of any offence in the custody of a Police Officer admissible under Section 27 of the Evidence Act (for short, "the Act") ? Will such information which is otherwise admissible become inadmissible solely for the reason that such information does not reveal authorship of concealment?"

This is the question referred to us for a decision in view of the conflicting decisions of the Division Benches of this Court.

2. The question arose in two criminal appeals arising from conviction of appellants for offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentence to undergo imprisonment for life and payment of fine. The case is that on 3.4.2002 at or by about 9.15 p.m. appellants along with another (who was acquitted by the trial court) in furtherance of their common intention caused death of one Rajan. Prosecution relied on circumstantial evidence to bring home guilt of the appellants. One of the circumstances was the alleged recovery 9f weapons said to be used by the appellants for commission of the crime and the blood stained clothes o