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Vijay Prakash @ Birju & Anr. vs. State of Rajasthan

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Penal Code, 1860–Secs. 302/34, 120-B & 201–Conviction–Sustainability–Record of case showing that the deceased was not pulling with the appellant wife–Both had lodged cases against each other–Documents available on record show the grudge on the part of the agnates and to falsely implicate the appellants–Fact of last seen is not established–Deceased was in inebriated condition on the relevant night–A bottle of wine was found at the place of incident and some glasses of the wine bottle were found pierced into the body of deceased–Death in road accident cannot be completely ruled out–Neither the officer on duty who received the information nor the informant was examined by the prosecution–Doctor found crushed injuries besides fracture of different ribs–Prosecution failed to prove the case beyond the reasonable doubt–Appellants are entitled to be acquitted.