RONAL KIPRONO RAMKAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal by special leave, is aggrieved by and directed against the judgment and order of the High Court of Punjab and Haryana dated 4-91997, upholding the order of conviction and sentence passed on the appellant by the trial Court.

(2.) The appellant was tried by the Additional Sessions Judge, Ambala, for the offences under S.376 read with S.511, IPC and for an offence under S.302, IPC. The prosecution case, as unfolded during trial is that at about 1-30 p.m. on 17-11-1993, Betty, the deceased, informed her friend Caroline (PW. 4) that Ramkat Ronald (the accused), the appellant, who was Betty's friend, wanted her to see him at his house No. 823, Sector 2, Panchkula. Accordingly Betty went to the said house. At about 2-30 p.m., Caroline informed Elisha Siele (PW-5), Betty's brother that his sister had been stabbed in house No. 823, Sector 2, Panchkula. She did not inform who gave that information to her. PW-5 then rushed to the place and found the appellant and the deceased lying in a pool of blood and that Betty managed to tell him that the accused has tried to rape her and on her resistance, he had stabbed her on the neck and head with a kitchen knife. PW-6 along with Kennith put Betty in a Maruti Car and rushed her to the Government hospital, Sector 6, Panchkula. The doctor found Betty in a serious condition and referred her to the P.G.I., Hospital, Chandigarh, where she was found to be dead on arrival. ASI Pale Ram (PW-10) reached P-G.I. Chandigarh and took the report (Exbt. P-E) from the PW-5 at 7-00 p.m. which formed the basis of formal first information report registered at 7-30 p.m. in the police station, Panchkula for the offences under S.376 read with Ss.511 and 302 of the IPC. The case was investigated by Inspector Kanhiya Lal (PW- 11) and chargesheet was filed.

(3.) The trial Court found the appellant guilty and convicted him for the offences already mentioned above and passed consequent sentence on him. The appellant failed before the High Court in the appeal filed by him. Hence, this appeal.