GOPAL KASHYAP ALIAS GOPAL Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Vide impugned judgment and order dated 02.01.2010, with reference to the testimony of Ajit Kumar PW- 13, the Area Executive Magistrate; with reference to the testimony of SI Birsa Oraon PW-23 and the testimony of Insp. Rajender Dubey PW-27, the learned Trial Judge has held that the prosecution has successfully established that the statement Ex.PW-13/A recorded by Ajit Kumar and the statement Ex.PW-23/A recorded by SI Birsa Oraon were the truthful dying declarations made by the deceased Sita pertaining to the cause of her death. Since in the two statements Sita inculpated her husband i.e. the appellant as the one who poured kerosene oil on her and set her on fire, the learned Trial Judge has returned a verdict of guilt against the appellant and as a result has convicted him for the offence of having murdered Sita.

(3.) With reference to the testimony of Kumari Pushpa PW-6 and her brother Dharmender Kumar PW-10, the learned Trial Judge has held that the prosecution has successfully established that Sita was subjected to harassment and cruelty on account of demand of dowry by her husband i.e. the appellant.