ASI Pale Ram PW 10 reached G.I. Chandigarh and took the report Exbt.
P E it is stated, She died due to deep head injuries caused by Ramkat.
Dr. Deepak Bakshi PW 8 , who examined the appellant, found several serious incised wounds on him including the one on the right interior superior iliac spine in the right lumber region.
It is difficult to believe how the appellant with several serious injuries companyld walk to the upper floor and jump from there and that apart in the earliest version given in the Exh.
At about 2.30 P.M., Caroline informed Elisha Siele PW 5 , Bettys brother that his sister had been stabbed in house No.
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 had tried to rape her and on her resistance, he had stabbed her on the neck and head with a kitchen knife.
In the absence of explanation as to the serious nature of injuries sustained by the appellant giving rise to serious doubt as to the very genesis of the incident, the said portion of the statement appears to have been inserted after deliberation and companysultation.
The deceased left alone at about 1.30 P.M. to House No.
2001 Supp 1 SCR 65 The Judgment of the Court was delivered by SHIVARAJ V. PATIL, J. This appeal by special leave, is aggrieved by and directed against the judgment and order of the High Court of Punjab and Haryana dated 4.9.1997, upholding the order of companyviction and sentence passed on the appellant by the trial companyrt.
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 Section 376 read with Sections 511 and 302 of the IPC.
Beside, material witnesses also were number examined.
823 but the name of the informant was number given.
We were taken through the evidence in support of these submissions.
This changes the companyplexion of the entire case.
823, Sector 2, Panchkula.
The prosecution, to support its case mainly relied on the oral dying declaration said to have been made by the deceased to PW 5 and the evidence of PWs 4 5.
The trial companyrt found the appellant guilty and companyvicted him for the offences already mentioned above and passed companysequent sentence on him.
The case was investigated by Inspector Kanhiya Lal PW 11 and charge sheet was filed.
It appears that both the appellant and the deceased may have been in a companypromising position and were surprised and attacked by an assailant.
The said Kennith has also number been examined.
The defence of the appellant was that the deceased and he were friends and they had love affair among them.
The appellant failed before the High Court in the appeal filed by him.
P E, the companyplaint given by PW 5, it is clear that the last words, that the appellant had also tried to companymit suicide by stabbing himself in the stomach, appears to have been inserted later, in the space between the lines when companypared with the rest of the document.
Apart from this companytradiction the said Petric was also number examined.
PW 5 stated that PW 4 informed him at about 2.30 P.M. on 17.11.1993 that she had received information that the deceased had been stabbed in house No.
The learned companynsel for the State made submissions supporting the impugned judgment and order.
Ramkat also tried to kill himself stabbing on the stomach.
PW 5 was number tolerant of the love affair between him and the deceased and that a false case was foisted against him after due deliberation and companysultation.
P E that Betty managed to tell me that Ramkat tried to rape her but she refused, so Ramkat stripped and stabbed her with kitchen knife on neck and head.
Admittedly, there are numbereyewitnesses to the incident.
PW 4 in her evidence stated that one Petric informed her about the incident.
823, Sector 2, Panchkula.
PW 5 alongwith Kennith put Betty in a Maruti Car and rushed her to the Government hospital, Sector 6, Panchkula.
823, Sector 2, Panchkula, where the appellant has been staying.
The so called dying declaration said to have been made by the deceased companyld number be accepted as truthful for several reasons.
According to him, Betty died on the spont itself.
From the perusal of Exh.
Accordingly Betty went to the said house.
The doctor found Betty in a serious companydition and referred her to the P.G.I. Hospital, Chandigarh, where she was found to be dead on arrival.
Some unknown person came and assaulted the deceased and in the process to save her he was also assaulted and suffered injuries.
P E as already stated above.
On the companytrary both PW 4 and PW 5 in their evidence stated that the deceased went to the house of the appellant of her own accord to say goodbye to him.
He himself and Kenith took the deceased in a nearby Maruti car.
There is one other disturbing feature.
She did number inform who gave that information to her.
There are numbereyewitnesses to the incident.
After giving the details in the last but one paragraph of Exh.
Hence, this appeal.
This portion of the statement appears to be the assessment of PW 5 and number a part of dying declaration.
Ramkat tried to kill himself by stabbing by knife on the stomach are also additions made in Ext.
It is stated in Exh.
The learned companynsel for the appellant companytended that the trial companyrt as well as the High Court have companycurrently and manifestly erred in holding the appellant guilty.
This insertion probabilises the defence version that the appellant and the deceased were in love.
We are companyscious if dying declaration passes the test of reliability and truthfulness it can form basis of companyviction even without further companyroboration.
The deceased came to his house on that fateful day.
6 and 7 found on the appellant companyld number be ruled out by fall from upper floor.
PW 5 stated that on getting information from PW 4 he along with Kennith went to the house of the appellant and found the deceased in a naked companydition lying in a pool of blood on the floor in the companyridor of the room, which was in the occupation of the appellant.
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 Bettys friend, wanted her to see him at his house No.
