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Omprakash @ Cooler vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Sec. 389–Penal Code, 1860–Sec. 302–Suspension of the sentence–Plea of appellant that the evidence of witnesses of last seen cannot be relied on because they saw the appellant fighting with the deceased but did not intervene–Further, the recovery is doubtful and the missing report was submitted after the delay–Held, application deserves to be allowed without expressing any opinion.