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Suman (Smt.) vs. State of Rajasthan

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Penal Code, 1860–Secs. 302 & 120-B–Conviction–Sustainable against whom–Though the dead body was recovered from the dry water tank in the courtyard of appellant ‘SU’ but this fact is not sufficient to hold her guilty for the offence because the courtyard was without gate–Further, appellants are not related to each other and there was no occasion to her to join the appellant ‘SS’ to commit the crime–Prosecution failed to prove the case against her–She is entitled to be acquitted.