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State of Rajasthan vs. Hiriya @ Hira & Ors.

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Penal Code, 1860–Secs. 302 or 302/34 [Corresponding Secs. 103 or 103/3(5) of BNS, 2023]–Acquittal from the offence–Appreciation of–Case of circumstantial evidence–PW 5 & PW 4, the witnesses of last seen was declared hostile–No other evidence that would land credibility to the last seen theory–Lack of conclusive evidence linking the accused to the crime–Held, Sessions Court rightly took a decision to acquit the accused.