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Balbeer Singh & Anr. vs. State of Rajasthan

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Penal Code, 1860–Secs. 302, 364, 201 & 120-B–Conviction–Sustainability–Circumstantial evidence–No substantial evidence except to last seen–Prosecution failed to prove that the accused B & H buried the corpus of deceased, dragged it latter on and thrown into a well–Failure of accused in furnishing explanation in regard to last seen with deceased raises the only suspicion which cannot take the place of proof–Absconding of accused B also does not unerringly point towards his guilt–Held, appellants are entitled to getting the benefit of the doubt.