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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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
(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
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//-
