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Soma & Anr. vs. State of Rajasthan

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Penal Code, 1860–Secs. 302/120-B & 201/120-B–Conviction–Sustainability–Case of circumstantial evidence–Theory of motive based on the allegation of extra-marital affairs attributed by the prosecution to the accused is totally fictitious and concocted –Witnesses of last seen stated that police did not record their statements–Material contradictions in the testimony of other two witnesses–There was no possibility that the deceased would accompany his own wife’s paramour to search for another woman to mary–Recovery of the knife is not reliable–Held, conviction cannot be sustained.