DILESHWAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27th of August, 1993 passed in Sessions Trial No. 314/92 by the First Additional Sessions Judge, Durg. By the impugned judgment, Appellant- Dileshwar has been convicted Under Sections 450, 302, 324 & 323 Indian Penal Code and remaining Appellants have been convicted Under Sections 450/34, 302/34, 324/34 & 323/34 Indian Penal Code and all have been sentenced to undergo R.I. for 5 years, R.I. for life, R.I. for 3 years and R.I. 1 year respectively, with a further direction to run the sentences concurrently.

(2.) THE facts, briefly stated, are as under:

(3.) IN many other cases, the Supreme Court has held that relationship is not a factor to affect credibility of a witness. It is more often than not that a relation would not conceal actual culprit and make allegations against an innocent person. Foundation has to be laid if plea of false implication is made. IN such cases, the Court has to adopt a careful approach and analyse evidence to find out whether it is cogent and credible.