VANRAJSINH JAVANSINH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment and order dated 30th December, 2008 passed by learned Sessions Judge, Ahmedabad (Rural), Mirzapur, in Sessions Case No.90 of 2007 by which appellant No.1, Vanrajsinh Javansinh Vaghela was convicted for offence under Section 498(A) and Section 302 of Indian Penal Code, 1860 (herein after referred as 'IPC') and acquitted accused No.2, Dineshsinh Javansinh Vaghela and accused No.3, Amratsinh Javansinh Vaghela.

(2.) Case of the prosecution in brief is as under.

(3.) Mr.Pratik B.Barot, learned counsel appearing for the appellant contended that it was a case of circumstantial evidence as the accused was not present in the village at the time of incident. The chain of guilt against the accused was not complete and the appellant was entitled to acquittal. In support of this submission, he has relied upon evidence of DW-40, Dashrathbhai who has stated that the accused was doing job of conductor and three days prior to the date of occurrence, he was with him.