VIJAY Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment passed in Sessions Case No. 33/96 on 14.5.1997.

(2.) Brief facts according to the prosecution are that on 5.9.1995 at about 5.30 p.m. on finding deceased Gunjan alone in the Jhuggi, the appellant entered Jhuggi No. 362, Y Block, Loha Mandi, Naraina, Delhi. The appellant made amorous advance on her and she rebuffed him. The appellant appeared to have reacted violently in frustration and attacked deceased Gunjan with a barbar's razor and caused a severe injury on the neck and after causing the injury he rushed out of the Jhuggi. Deceased Gunjan followed him holding her neck. Just about the same time her parents, who had gone to Inder Puri happened to return. Her mother Kailashwati P.W.I and her father Ram Amar P.W.2 saw the appellant emerging from the Jhuggi being chased by the deceased. The injured girl was profusely bleeding from her neck. On being asked she said to mother, Vijay had cut my neck with a razor. Her parents naturally gave priority to attending their daughter rather than chasing the appellant. They immediately took her to the clinic of Dr. S.R. Tiwari, PW3 with the help of Sushil Prasad, P.W.4.

(3.) According to Dr.Tiwari P.W.3 it was a police case and due to fear and apprehension of getting involved in a police case he did not even give her primary medical aid and advised the parents to take her to a Government hospital. Someone informed the Police Control Room and a PCR van came there and took Gujan to Deen Dayal Upadhyaya Hospital where she was examined by Dr. N. Moitra and he declared her dead.