ROHIT KUMAR DUBEY Vs. STATE

JUDGEMENT

(1.) The Appellant has preferred the present appeal against the judgment and order of the Ld.Additional Sessions Judge dated 31.05.1997 in SC No.46/1996 by which the Appellant was convicted for the offence punishable under Section 302 read with 307 IPC and was sentenced to undergo imprisonment for life together with fine.

(2.) During pendency of the present proceedings, the Appellant was enlarged on bail. When the Appeal was taken up for hearing, neither he nor his Counsel were present. Consequently, Bailable Warrants were issued to secure his presence on 24.08.2011. On 22.11.2011, after service of the warrant, the Appellant presented himself in the Court and requested that he should be provided legal assistance. Accordingly, Mr.Simon Benjamin was appointed as Amicus Curiae to assist the Court on his behalf.

(3.) In brief, the prosecution case is that the Appellant Rohit Kumar @ Gopal was employed as a domestic help by PW-1 and PW-2. PW-1 Reena Sahni is the wife of PW-2 Sanjeev Sahni. On the day of the incident, i.e., 14.09.1993, the couple was living at house No.66, 2 nd floor, South Patel Nagar along with Motiya Sahni (i.e. PW-1 s Mother-in-law). PW-1 stated that at around 8.55 A.M., when she came out of the bathroom, she saw Gopal with a dagger. At that time, her husband (PW-2) was not at home since he had gone to Bombay in connection with his work early that morning. PW-1 was in the premises with her two infant children and the deceased Motiya Sahni. PW-1 further stated that the Appellant entered the bathroom and started pushing her, intending to molest her. She started screaming, when the Appellant took out a knife from his trouser and started stabbing her. The witness claims to have put up some resistance and foiled his attempt to stab her in the abdomen but could not avoid some injuries on the left cheek and left arm. Consequently, she fell down. Her screaming attracted Motia Sahni to the place of incident. Upon seeing her, the accused turned his attention towards her and attacked her with a dagger. PW-1 also stated that the accused was convinced that since the witness had fallen down, she did not survive. She started screaming from the bathroom for help as the window opened towards the street. Apparently, their neighbours gathered. She further stated that in the meanwhile, the Appellant escaped through the roof of the premises. The same evening, the statement of PW-2 was also recorded; apparently, he received the news of his mother s death as well as of the injuries sustained by his wife and rushed back to Delhi. PW-1 was hospitalized and according to the prosecution, her statement was recorded the same evening when she was conscious and in a position to make a statement to the police.