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Radheyshyam & Anr. vs. State of Rajasthan

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Penal Code, 1860–Secs. 304 Pt.-II/109–Conviction–Proper Section–Recoveries of blood-stained sandles, pant and wooden stick, at the instance of appellant R–He remained absconded in spite of the death of his father–No explanation–Blood group of recovered articles were found matching with the blood group of deceased–Held, the guilt of R proved–However, cause of death was not shown in the post mortem report–Offence comes in the purview of Sec. 325 in view of injuries–No evidence of abatement is available–Conviction u/s. 109 deserves to be set aside–Conviction of R also set aside.