BABU RAM Vs. STATE

JUDGEMENT

(1.) "Die appellant was convicted for the offences under sections 452, 302 I.P.C. and under section 27 of the Arms Act for the murder of a young girl named Kavita by the Addl.Scssions Judge, Delhi vide impugned judgment dated 22nd April 1992. The appellant was sentenced to life imprisonment and a fine of Rs. 1000.00 for the offence under section 302 Indian Penal Code For the offences under section 452 Indian Penal Code and section 27 Arms Act, he was sentenced to five years R.I. and a fine of Rs.500.00 each.

(2.) The case of the prosecution is based on a statement of Laxmi, mother of the deceased girl recorded on 8th December 1987. According to the said statement Laxmi was sitting on the floor in the varandah of her house and her daughter Kavita aged about 15/16 years was also lying there on a cot. Babu @ Nepali (hereinafter referred to as the appellant) had been residing in her neighbourhood. He used to tease her daughter Kavita. On being rebuked he gave up teasing Kavita for the time being. Kavita's parents did not allow her to go out of the house because of this. On 8th December 1987 at about 2,15 P.M. the appellant came to Kavita's house from the roof. He climbed down the stairs and came to the place where Laxmi and Kavita were present in tne varandah of the house. He was holding a dagger in his right hand. On reaching near them he addressed Laxmi that she was not allowing him to marry Kavita so he would kill Kavita that day itself. Saying so he gave dagger blows to Kavita who was lying on a cot. The dagger blows were given on left side while pressing her neck with his left hand so that Kavita may not get up. She was hit on her abdominal cavity below her right ribs. Resultantly blood oozed out profusely. Kavita took a sigh and thereafter collapsed there and then. When Laxmi raised an alarm, the appellant stabbed himself with the dagger in his abdomen. He lay in the pool of blood which had oozed out from the injuries caused to Kavita by the appellant. The clothes of the appellant got smeared with blood. In the meanwhile Babu Ram son of Jage Ram Saini who was a tenant in the same house under Laxmi came to his house to take .his lunch. He overpowered the appellant along with the dagger. Her husband also arrived in the meanwhile. Babu Ram handed over the appellant to the husband of Laxmi along with the dagger. Kavita was taken to hospital with the help of neighbours. Meanwhile the police also arrived. Laxmi's husband, i.e., father of Kavita handed over the dagger and the appellant to the police. This statement of Laxmi was recorded at about 4.00 P.M. and was sent to the police station for registration of the FIR. The FIR no.445 (Ex.l9/A) was recorded at 4.10 P.M. on 8th December, 1987.

(3.) The MLC of Kavita is Ex. Public Witness -3/A. As per the MLC Kavita was brought to the hospital by Ram Chander Public Witness -1. She reached the hospital at 3.05 P.M. according to the MLC. The MLC further records that the patient was brought dead. Dr. L.T. Ramani Public Witness -5 conducted the post mortem on 9th December, 1987. According to the post mortem report, all clothes worn by the deceased were blood stained at places. Her kurta and pyjama showed cut marks corresponding to the injuries on her body. The following injuries were found on the body of the deceased:- External Injuries