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2003 Supreme(Raj) 347

SHIV KUMAR SHARMA
Fateh Chand Bansal – Appellant
Versus
Lotan – Respondent


Advocates:
Appearance :
S.R. Bajwa, Senior Advocate and V.P. Bishnoi, Advocate for Lotan and Kishan and A.K. Gupta,
Advocate for Sukhdei & Satish, for the Appellant.
Rajendra Yadav, Public Prosecutor, for the Respondents.

Judgment

Shiv Kumar Sharma, J.-Whether relationship is such a factor which affects credibility of a witness ? This question requires consideration in view of the significant facts that the prosecution restsed the instant case only that the prosecution rested the instant case only on the testimony of close relatives of the deceased Jadvir Singh.

The learned Additional Sessions Judge No. 2, Bharatpur convicted and sentenced the four appellants on the charge of murder of Jadvir Singh after placing reliance on the testimony of his wife, mother, son and salhej (sister in law) as under :-

Lotan : u/Sec. 302 To suffer Imprisonment for life and fine of IPC Rs. 1.000/-, in default to further suffer One Month Simple Imprisonment. Satish Kumar, Kishan Singh & Shivdei:(Each) u/Sec. 302/149 IPC To suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer One Month Simple Imprisonment. u/Sec. 147 IPC To suffer Six Months Rigorous Imprisonment and fine of Rs. 100/-, in default to further suffer Fifteen Days Simple Imprisonment. u/Sec. 148 IPC To suffer Six Months Rigorous Imprisonment and fine of Rs. 100/-, in default to further suffer Fifteen Days Simple Imprisonment.

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