JUDGMENT

Collister, J. - This is a reference arising out of Criminal Appeal No. 563 of 1939. There are three appellants and they have appealed from their conviction u/s 302, I.P.C. Their names are Baldeo, Lakhan and Tirmal. Evidence was admitted at the trial to the effect that Tirmal, while in custody of the police, stated to the second officer that the knife with which he and the other two appellants had murdered the deceased was at his house and that he could give it to the police officer if he were taken to the house. It is in evidence that Tirmal was thereafter escorted to his house and he unearthed a knife from under a heap of rice straw. The knife had stains of blood on it which was subsequently found to be of human origin. The following question has been referred to this Full Bench:

What portion, if any, of the statement to the effect that 'the knife with which he and Baldeo and Lakhan, had murdered Maharaj Singh was at his house under a heap of pyal' alleged to have been made by the appellant Tirmal, to the Sub-Inspector or Police, Rafiq Ahmad, is admissible in evidence u/s 27, Evidence Act?

2. The order of reference gives some indication of the conflict of authority in respec