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Jagdish & Anr. vs. State of Rajasthan

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Penal Code, 1860–Secs. 302, 302/34, 201 & 397–Conviction–Sustainability–Circumstantial evidence–Allegation that the appellants committed the murder while driving their respective trailer in same direction of trailer of deceaseds–Prosecution failed of establish that the appellants were employed on that trailer–Further, entire exercise of detention of accuseds from Alwar Bus Stand is surrounded in a mystery and casts a grave doubt on the bona-fideness of investigation agency–Nail clipping of accuseds were alleged to be recovered on 17.10.2010 whereas the seized articles were deposited in malkhana on 16-10-2010–Prosecution also failed to lead any evidence regarding the transit of the second lot of samples–Therefore, their FSL report became inadmissible–First FSL report is not incriminating the appellants–Doctor stated that the both the deceased were killed by sharp edged weapon injuries but no such weapon was recovered at the instance of accuseds–Witnesses of recovery were declared hostile–Many missing links in chain of circumstances–Held, appellants are entitled to be acquitted.