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Shyam Sunder @ Sundariya vs. State of Rajasthan

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Penal Code, 1860–Sec. 302–Conviction–Sustainability–Assailants were not named in FIR–Lack of substantive evidence as regard to identification of the accused in the Court–It cannot be concluded that the appellant was the person responsible for firing the gunshot on deceased–FSL report of malkhana articles cannot be read in evidence as the evidence of sealing the articles is found tainted–Appellant is entitled to get the benefit of the doubt.