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Anil Kumar & Ors. vs. State of Rajasthan

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Penal Code, 1860–Secs. 302, 364 & 201–Conviction–Sustainability–Case of direct evidence–No eye witness supported the prosecution story–Though the lathies and clothes were recovered at the instance of appellants, yet there is no material to show that the offence was committed by them–Body of deceased was recovered in decomposed condition and no wound caused by lathi was found on it–Mere recovery is not sufficient for recording the conviction–Reasonable doubt in regard to involvement in offence–Conviction is liable to be set aside.