Madhya Pradesh High Court
Shambhu Choudhary vs The State Of Madhya Pradesh on 25 January, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRIMINAL APPEAL No.9046/2022
(SHAMBHU CHOUDHARY VS. STATE OF M.P.)
Dated : 25-01-2023
Ms. Renu Tiwari - Advocate for the appellant.
Shri Akhilendra Singh - Government Advocate for the
respondent/State.
Heard on I.A.No.19069/2022, which is the first application for
suspension of sentence filed under Section 389(1) of the Cr.P.C. on
behalf of sole appellant Shambhu Choudhary.
The appellant has filed this Criminal Appeal being aggrieved by
the judgment of conviction and sentence dated 26/07/2022 passed by
19th Additional Sessions Judge, Jabalpur (M.P.) in Sessions Trial
No.332/2019, whereby the appellant has been convicted and
sentenced as under :-
Conviction Sentence
Section Act Imprisonment Fine Imprisonment,
in lieu of fine
302 IPC Life Imprisonment 500/- -
Learned counsel for the appellant submits that the prosecution
has failed to establish his case beyond a reasonable doubt. There is no
eye-witness in the case and the prosecution's case is based only on the
theory of the last scene, whereas the complete chain of circumstances
is not proved. Seizure memo (Ex.P-11) has not been prepared
properly. There was no matching of blood group of the deceased with
the blood stains found on the seized clothes of the accused. There was
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 30-Jan-23
6:32:07 PM
no seizure of the used mobile phone and there was no proof of
previous enmity between the deceased and appellant. She further
submits that the appellant is innocent and he is falsely implicated in
the case and he is in custody since the date of his arrest i.e.
20/05/2019. She further submits that this appeal is of the year 2022
and is not likely to come up for a final hearing in near future, hence
prays for suspension of sentence and grant of bail.
In support of his contention learned counsel placed reliance on
a judgment passed by Hon'ble Apex Court in the case of Boby Vs.
State of Kerala, 2023 LiveLaw (SC) 50.
Learned counsel appearing for the respondent/State opposed the
prayer and submits that the 'last scene' was proved by the prosecution
with the aid of evidence of Santosh @ Santu (PW-4) and Rahul Sahu
(PW-5) and on disclosure statement of appellant, blood stained
clothes of the appellant were seized as per seizure memo (Ex.P-4). He
further submits that as per FSL report (Ex.P-17), human blood was
found on the clothes (T-shirt Article-D & pant Article-E) of appellant
Shanbhu. It is further submitted that the appellant has been rightly
convicted and sentenced by the learned trial Court, hence prays that
the application for suspension of sentence is liable to be dismissed.
We have perused the record of the learned Court below and
considered the statements of Santosh @ Santu (PW-4) & Rahul Sahu
(PW-5) and FSL report (Ex.P-17), in which human blood was
reported to be found in the clothes of appellant. Looking to the
abovementioned facts and circumstances of the case, at this stage, we
are not inclined to suspend the remaining jail sentence of the
appellant.
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 30-Jan-23
6:32:07 PM
Accordingly, I.A.No.19069/2022 filed on behalf of appellant is
rejected.
Let the case be listed for final hearing in due course.
(SUJOY PAUL) (AMAR NATH (KESHARWANI))
JUDGE JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 30-Jan-23
6:32:07 PM
