43. Consideration of proved confession affecting person making it and others jointly under trial for same offence. When more persons than one are being tried jointly for the same offence, and a confession made by one of such person is proved.‑‑

(a)  such confession shall be proof against the person; making it; and

(b)  the Court may take into consideration such confession as

      circumstantial evidence against such other person.

Explanation.‑‑"Offence", as used in this Article, includes the abetment of, or attempt to commit, the offence.

Illustrations

(a) A and B are jointly tried for the murder of C. It is proved that A said: "B and I murdered C". The Court may consider the effect of this confession as against B.

(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said: "A and I murdered C".

        This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.