Jharkhand High Court
Jiten Surin vs The State Of Jharkhand on 17 August, 2023
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 734 of 2023
With
I.A. No. 4948 of 2023
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Jiten Surin, aged about 23 years, son of Late Saluka Surin, resident of
Village-Hesbandh, P.O. Baralagia, P.S. Muffasil, District West
Singhbhum.
....... Appellant
Versus
The State of Jharkhand ....... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Rajendra Prasad Gupta, Advocate
For the Respondent : Mr. Shailesh Kr. Sinha, Advocate
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th
04/Dated: 17 August, 2023
I.A. No. 4948 of 2023:
1. The instant application has been filed under Section 389(i) of Cr.P.C. for
suspension of sentence in connection with judgment of conviction dated
20.04.2023 and sentence dated 24.04.2023 passed by the learned
Additional Sessions Judge-II, Chaibasa in Sessions Trial No. 158 of
2019 arising out of Muffasil P.S. Case No. 14 of 2019, whereby and
whereunder, the appellant/applicant has been directed to undergo
rigorous imprisonment for life along with fine of Rs.10,000/- for the
offence under Section 302 of IPC and in default, has been further
directed to undergo simple imprisonment of six months.
2. Learned counsel for the appellant/applicant has submitted that it is a case
where the prosecution claims to have proved the case but without any
cogent evidence since the prosecution witness, P.W.-5, who has been
considered to be an eye witness cannot be considered to be an eye
witness if her testimony will be looked into since her version is based
upon the disclosure of the commission of crime by the P.W.-3, Jonga
Surin, who happens to be the daughter-in-law of the deceased.
3. It has been contended that there are contradictions in the testimony of the
witnesses and the said contradictions cannot be considered to be minor
rather it is vital and fit to be considered as to whether on the basis of the
aforesaid major contradictions in the testimony of the witnesses, the
prosecution can be said to have proved the charge beyond all shadow of
doubt.
4. Learned counsel for the appellant/applicant, on the aforesaid premise,
has submitted that it is a fit case where the sentence may be suspended.
5. While on the other hand, Mr. Shailesh Kr. Sinha, learned Additional
Public Prosecutor appearing for the respondent-State has submitted by
referring to the SFSL report wherein the blood-stained soil marked as
A1, blood-stained cloth, i.e., half-pant and t-shirt of the applicant marked
as A2a and A2b and blood-stained dauli were sent to SFSL, Ranchi.
6. The DNA profile were generated and it has been opined that the blood-
stained positive half pant cutting is from the human male source of
origin. DNA profile generated from blood + earth and blood negative t-
shirt cuttings are partial profile from the human male source of origin.
However, DNA profile could not be generated from blood positive swab
cuttings of dauli.
7. Learned APP on the basis of the aforesaid premise has submitted that the
learned trial court has based the conviction on the basis of the said
scientific report, therefore, it is incorrect on the part of the applicant to
take the ground that the prosecution has failed in proving the charge
beyond all shadow of doubt, as such, it is not a case of suspension of
sentence.
8. We have heard the learned counsel for the parties, perused the findings
recorded by the learned trial court in the impugned judgment as also the
material available in the LCR including the testimony of the prosecution
witnesses and the FSL report.
9. This Court, on consideration of the testimony of the prosecution
witnesses, has found that there are some contradictions in their versions
but on the basis of some contradictions, the entire prosecution cannot be
vitiated that too when the prosecution evidence is based upon the
scientific report.
10. It appears from paragraphs-28 and 29 of the impugned judgment where
the scientific report of the SFSL has been considered. It appears that the
blood-stained soil marked as A1, blood-stained cloth, i.e., half-pant and
t-shirt of the applicant marked as A2a and A2b and blood-stained dauli
were seized and sent for its scientific examination.
11. It further appears that DNA profile were generated. It has been opined
that the blood-stained positive half pant cutting is from the human male
source of origin. DNA profile generated from blood + earth and blood
negative t-shirt cuttings are partial profile from the human male source
of origin.
12. This Court, on consideration of the aforesaid fact, is not prima facie
satisfied for keeping the sentence in abeyance.
13. Accordingly, the instant interlocutory application stands dismissed.
14. However, any observation made herein will not prejudice the case of the
parties since the criminal appeal is lying pending before this Court for its
consideration.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Saurabh/-
