RAM AVTAR Vs. STATE

JUDGEMENT

(1.) Ram Avtar was charged for having poured kerosene oil on his wife Guddi at 3.00 P.M. on March 14, 1995 at their matrimonial house : 16/399- E (Second Floor) Street No.V, Padam Singh Road, Bhapa Nagar and thereafter set her on fire. He was also charged for having physically and mentally torture his wife to extract dowry.

(2.) Vide impugned judgment dated November 26, 1999, Ram Avtar has been convicted for having murdered his wife, but has been acquitted of the charge of mentally and physically harassing her wife concerning a dowry demand.

(3.) The learned Trial Court has believed the testimony of Suman PW-20, living in a room adjacent to where Guddi was burnt that the deceased made a dying declaration to her of her husband having set her on fire. Her testimony that as she tried to catch hold of Ram Avtar he kicked her and ran away has been believed. The learned Trial Judge has found corroboration to the testimony of Suman through the testimony of Smt.Shimla PW-19. The learned Trial Court has also believed the testimony of Vijay Kumar PW-24, working as a Sub-Divisional Magistrate that he recorded Guddi's dying declaration Ex.PW-24/A.