Jharkhand High Court
Kuntis Minz vs The State Of Jharkhand on 17 March, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 674 of 2024
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Kuntis Minz ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Appellant : Ms. Amrita Sinha, Advocate Mr. Saurabh Raj, Advocate.
For the Respondent : Mr. Pankaj Kumar, P.P.
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th 05/Dated: 17 March, 2025 I.A. No. 5319 of 2024:
1. The instant interlocutory application has been filed on behalf of appellant for suspension of sentence dated 18.08.2023 passed by the learned Additional Sessions Judge-I-Cum-Special Judge, Gumla in S.T. Case No. 278 of 2021 whereby and whereunder, the appellant was directed to undergo rigorous imprisonment for life under Section 302 of the I.P.C. with a fine of Rs.50,000/- and in default of payment of fine to undergo S.I. for two years.
2. It has been contended on behalf of the appellant that it is a case where the conviction is based even though most of the witnesses have turned hostile. It has been contended that the witnesses have become hostile itself clarifies that prosecution has not been able to substantiate the charge said to be committed by the present appellant. It has been contended that even the testimony of P.W. 7 cannot be trustworthy, since, so many contradictions are there. It has further been contended that the doctor although has substantiate the prosecution version, but in the trial, DNA profile is also corroborating the culpability said to be committed by the present appellant but in absence of any finger prints in the axe (tangi) the commission of crime said to be committed by the appellant cannot be said to be conclusively proved and therefore, it is a fit case where the sentence may be suspended.
3. While on the other hand, learned Public Prosecutor appearing for the respondent-State of Jharkhand has vehemently opposed the prayer for suspension of sentence.
4. We have heard learned counsel for the parties and gone through the finding recorded by the learned trial Court in the impugned judgment as also the testimony of the witnesses as available in the Lower Court Records and the material exhibits appended therewith.
5. It appears from the impugned judgment that it is the case based upon the testimony of the eye-witness, (P.W.7). We have gone through the testimony of P.W.7 and found that he has fully supported the prosecution version which has been deposed by him that he has seen the commission of crime by assaulting the deceased, which ultimately resulted into her death.
6. This Court has found from the testimony of P.W.7 being corroborated from the testimony of P.W.6, the doctor, who has conducted external and internal examination on the body of the deceased and found following injuries:-
External Examination 2
(i) Deep cut injury size 7 cm x 4cm x more than bond depth (3cm below left ear),
(ii) Deep cut injury sixe 5 cm x 2cm x 3cm left side of neck (2cm below from upper cut injury)
(iii) Deep cut injury size 6 cm x 4cm on chick (left side).
(iv) Cut injury on left side of face size 6 cm x 1 ½ cm x 1 cm.
(v) Left ear pine incised into two parts
(vi) Left side of lower jaw fractured.
(vii) Bleeding mark from nose.
Internal Examination There were fracture of left angle of mandible, major vessels of neck were incised. Fracture of left lower jaw, left lower portion of occipital bone also fracture, cranial cavity soil with blood. Stomach contain semisolid food particle, small & large intestines filled with gas and fecal matter. Both lungs pale in colour.
7. We have further found from the testimony of P.W.5, Investigating Officer that the axe (Tangi), which was used in commission of crime has been recovered from the disclosure made by the present appellant, having stain of blood. The aforesaid tangi stained with blood along with clothes have been seized and sent to Forensic Science Laboratory.
8. The D.N.A. test report has been considered wherein the D.N.A. profile generated from the source of Exhibit marked-A (Source:
Blood positive swab from 'Tangi' on a gauze piece) and Exhibit 3 marked-B (Source: Blood Positive earth) is from one and the same human female source of origin.
9. The Court, considering the aforesaid evidence against the present appellant, is of the view that it is not a fit case for suspension of sentence.
10. Accordingly, the instant Interlocutory Application being I.A. No.5319 of 2024 is dismissed.
(Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) Pappu Amar//-
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