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Ramesh Nath vs. State of Rajasthan

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Penal Code, 1860–Sec. 302–Conviction–Circumstantial evidence–Only evidence of recovery of mobile phone and sim of deceased–Recovered mobile is of very ordinary make–Prosecution did not come with the motive of theft of mobile phone–Appellant was arrested after 15 days–It cannot be believed that he would keep the mobile phone concealed in his house for more than 15 days–Wife of deceased admitted that she gave the mobile phone and sim to police on the next day of death of her husband–False and fabricated recovery–Appellant is entitled to be acquitted.