KARAN CHAUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") is filed being aggrieved of judgment dtd. 18/5/2022 passed by learned II Additional Sessions Judge-Sihora, District Jabalpur in Sessions Trial No.42/2015 whereby the present appellant No.2 Karan Chaudhary S/o.Latora Chaudhary has been convicted alongwith other two accused persons, namely, Girani Chaudhary and Chhotelal Chaudhary, who are now deceased for the offence under Sec. 302 read with Sec. 34 of the I.P.C and sentenced to undergo imprisonment for life with fine of Rs.3,000.00 and in default of payment of fine to undergo additional rigorous imprisonment for three years each. Similarly, they have been convicted for the offence under Sec. 201 of the I.P.C and sentenced to undergo rigorous imprisonment for three years with fine of Rs.1,000.00 and in default of payment of fine to undergo additional rigorous imprisonment for one year each. They have also been convicted for the offence under Sec. 404 of the I.P.C and sentenced to undergo rigorous imprisonment for three years with fine of Rs.1,000.00 and in default of payment of fine to undergo additional rigorous imprisonment for one year each with a further direction to run all the jail sentences concurrently.

(2.) Learned counsel for the appellant No.2 submits that mainly the dispute was between Girani Chaudhary (since deceased) and the victim Kripali Chaudhary. The articles, which have been recovered from the possession of Girani Chaudhary, are personal belongings including silver ring belonging to Kripali Chaudhary. The only ground on which the appellant No.2 Karan Chaudhary has been convicted, is recovery of a Phavda from his possession vide Exhibit P/18, which was recovered on 10/11/2014. According to the prosecution, the mud, which was recovered from where the body was recovered matched with the soil, which was found to be sticking to the said Phavda as contained in Exhibit P/49. The D.N.A report Exhibit P/47 reveals that the deceased was biological father of Raju Chaudhary and Ravi Chaudhary. Even while granting suspension of sentence to the appellant No.2 Karan Chaudhary vide order dtd. 18/3/2024, a Coordinate Bench of this Court has recorded a finding that the F.S.L report is not confronted with the present appellant No.2 Karan Chaudhary while recording his statement under Sec. 313 of the Cr.P.C.

(3.) The aforesaid fact is not disputed by learned Government Advocate for the State.