DAYA RAM ALIAS CHOTTU Vs. STATE OF DELHI

JUDGEMENT

(1.) Conviction of one Daya Ram @ Chottu s/o Budh Ram for the offence under Section 302 IPC for the murder of one Jaya vide judgment dated 20-09-1999 and imposition of life imprisonment upon him vide order dated 21-09-1999 passed by the Additional Sessions Judge, Delhi in sessions case no. 399/96 in respect of FIR No. 632/1996 registered at Punjabi Bagh police station on 12-07-1996 has led to the filing of this appeal by the appellant.

(2.) The case of the prosecution is that the deceased Jaya was working as a nurse in Mahavir Nursing Home, West Punjabi Bagh. The appellant Daya Ram @ Chotu was working as a domestic servant near the said Nursing Home in Kothi No. 49-A/41, West Punjabi Bagh and he was in love with Jaya and they had agreed to marry. However, Jaya came to know that Daya Ram @ Chotu was already married and was having children also and so she refused to marry him. Due to that he started teasing and threatening Jaya. On 12-07-96, the day of incident, at about 8.20 p.m. the deceased Jaya came out of the Nursing Home to see off her colleague Ms. Kutty(PW-5) and when they were on the road outside the Nursing Home Daya Ram @ Chotu came there from the front side and he immediately caught hold of Jaya by her hair and told her that he would teach her a lesson for refusing to marry him and then attacked her with a knife and inflicted 4/5 blows on her stomach, chest and neck due to which Jaya fell on the ground and was in a pool of blood. Ms. Kutty while raising an alarm entered the Nursing Home and told the incident to the owner of the Nursing Home namely Smt. Prem Lata Sood and in the meantime Jaya also came inside the nursing home and fell down there and died.

(3.) All the aforesaid facts were narrated by the eye-witness Ms. Kutty in her statement Ex. PW-5/A recorded by Inspector Basera(PW-17) and on that basis FIR No. 632/1996 was registered under Section 302 IPC.