Jharkhand High Court
Etwa Sandi Purty vs The State Of Jharkhand on 4 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1600 of 2017
Etwa Sandi Purty --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
---
CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Hon'ble Mrs. Justice Anubha Rawat Choudhary
Through: Video Conferencing
---
For the Appellant: Ms. Shruti Shrestha, Advocate
For the Respondent: Mr. Ashok Kumar, A.P.P
---
03 / 04.08.2021 Heard learned counsel for the appellant Ms. Shruti Shrestha and learned
A.P.P Mr. Ashok Kumar on the prayer for suspension of sentence of this
appellant made through I.A. No. 3475/2021.
2. The sole appellant stands convicted for the offence punishable under
section 302 of the Indian Penal Code by the impugned judgment dated
11.07.2017 passed in Sessions Trial No. 207/2013 by the Court of learned
Additional Sessions Judge-III, West Singhbhum at Chaibasa and has been
sentenced to undergo imprisonment for life with a fine of Rs. 10,000/- and
default sentence, by the impugned order of sentence dated 14.07.2017.
3. Learned counsel for the appellant submits that on a bare reading of the
fardbeyan (Ext.5) of one of the wife of the deceased (PW-2), it gives an
impression that there is no mens rea involved. Appellant is the maternal son-in-
law who had taken food at noon in their house and had gone out. When he
returned at 6.30 pm and on asking some water, the deceased stated that why he
is talking like a mad man. On such provocation, it is alleged that he took a
'Pirha (stool) and inflicted 3-4 blows on her head, while the Informant after
failing to rescue her, fled away to nearby house and on return, she found her
dead. PW-2 in her statement at para-13 of the cross-examination, however
stated that she does not know anything about the incidence. It is submitted that
the injuries found on the body of the deceased by the doctor (PW-1) vide post-
mortem report (Ext.1) are three lacerated wounds which could be caused by a
single blow. PW-1 has however, in his cross-examination, also stated that if a
person falls from a height on a pointed rocky stone where wood is present, such
injury can be caused. It is further submitted that the appellant has been in
custody since 20.04.2013 i.e. next day of the incidence, thereby completed 08
years and about four months of custody. In the aforesaid circumstances,
appellant may be enlarged on bail by suspending his sentence.
4. Learned A.P.P has opposed the prayer. He submits that PW-2 Informant
and PW-3, another wife of the deceased 3 are eyewitnesses who have seen the
appellant assaulting the deceased on a mere pretext by a hard stool which
caused head injury leading to his death, which has also been corroborated by the
Medical Officer (PW-1). Therefore, appellant may not be enlarged on bail.
5. We have considered the submissions of learned counsel for the parties
and taken note of the materials relied upon by them from the lower court
records including the period of custody undergone by the appellant. Having
regard to the totality of facts and circumstances noted above and that the
appellant has remained in custody for 08 years and about four months till date,
we are inclined to enlarge the appellant on bail by suspending his sentence
during pendency of this appeal. Accordingly, Appellant Etwa Sandi Purty shall
be released on bail, during pendency of this appeal, on furnishing bail bonds of
Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to
the satisfaction of learned Additional Sessions Judge-III, West Singhbhum at
Chaibasa in Sessions Trial No. 207/2013 with the condition that the appellant
and his bailors shall not change their address or mobile nos. without permission
of the learned Trial Court. I.A. No. 3475/2021 is allowed.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J)
Ranjeet/
