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Madho Singh vs State Of Rajasthan Through P.P on 12 July, 2010

15. The theory of last seen - the appellant having gone with the deceased in the manner noticed hereinbefore, is the singular piece of circumstantial evidence available against him. The conviction of the appellant cannot be maintained merely on suspicion, however strong it may be, or on his conduct. These facts assume further importance on account of absence of proof of motive particularly when it is proved that there was cordial relationship between the accused and the deceased for a long time. The fact situation bears great similarity to that in Madho Singh vs. State of Rajasthan, (2010) 15 SCC 588."
Rajasthan High Court - Jaipur Cites 2 - Cited by 38 - M Rafiq - Full Document
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