JUDGMENT

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 conviction and sentence passed on the appellant by the trial court.

2. The appellant was tried by the Additional Sessions Judge, Ambala, for the offences under Section 376 read with Section 511 IPC and for an offence under Section 302 IPC. 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 Betty s friend, wanted her to see him at his house No.823, Sector 2, Panchkula. Accordingly Betty went to the said house. At about 2.30 P.M., Caroline informed Elisha Siele (PW-5), Betty s brother that his sister had been stabbed in house No. 823, Sector 2, Panchkula. She did not inform who gave that information to her. 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 on her resistance, he had stabbed her on the neck and head w