(1.) In this case two accused persons, Akbar Badu and Anwar Abashi, were tried for house-breaking and theft by the Sessions Judge at Nadiad and both were convicted. Akbar has appealed and with his appeal we have to deal.
(2.) The Sessions Judge has admitted and considered, against the appellant, a good deal which is not evidence at all.
(3.) Statements made by the witness Chhagan to the Police implicating the appellant have been admitted and used.