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2010 Supreme(Guj) 120

RAJESH H.SHUKLA
VIKARAMSINH JUJARSINH VAGHELA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR. RISHABH SHAH for MR. K.B. ANANDJIWALA for Appellant(s): 1 - 3.
MR. A.J. DESAI, ADDITIONAL PUBLIC PROSECUTOR for Opponent(s) : 1,

JUDGMENT

RAJESH H. SHUKLA, J. The present appeal is directed against the judgment and order passed by the learned Additional Sessions Court, Sabarkantha at Himatnagar in Sessions Case No. 23 of 1994 dated 9.5.1997 recording acquittal of Accused Nos.1 to 5 for the offence under Sections 302 and 304B of Indian Penal Code. However, the learned Additional Sessions Judge has recorded conviction of the Accused Nos.1, 2 and 4 for the offence under Sections 498A and 306 IPC and also imposed sentences as stated in detail in the impugned order.

2. The facts of the case briefly summarized are as follows :

3. It is the case of the prosecution that the daughter of the complainant-uncle has been married to Accused No.1-Vikramsinh Gujarsinh Vaghela (“A-1”), and after one year, she was ill-treated, and the demand for money and dowry was made, for which A-1 had also written some letters. It is also alleged that the complainant would give some money and after arriving at some understanding, he would try to save the matrimonial life of the deceased daughter. It is also stated that on 6.3.1993, the deceased had come to her parental house, and when the complainant went to his brother's house, the decease














































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