( 1 ) BY this acquittal appeal under Sec. 378 of the Code of criminal Procedure, 1973, the State has challenged the order of acquittal dated 8/01/1988 whereby the learned Judicial Magistrate, First Class, Santrampur, ordered to acquit the respondent for the offence punishable under Sec. 498-A of the Indian Penal Code.

( 2 ) SHORTLY stated the prosecution case is that the respondent-accused was married with deceased Jashiben, who was the daughter of P. W. 2 Hathibhai Motibhai, before about 4 years since the date of occurrence on 24/07/1987. It was alleged that the accused-husband treated the deceased Jashiben with cruelty driving her to commit suicide. As a result of cruelty, the prosecution case proceeds, the deceased Jashi committed suicide by burning herself at about 8-00 a. m. on 24/07/1987. It was alleged that the deceased Jashi being subjected to cruelty, was driven to commit suicide and thereby the accused was charged with the offence punishable under Sec. 498-A of the Indian Penal Code.

( 3 ) EARLIER, a complaint was lodged that the house in which the deceased Jashi was there, was put on fire as a result of which the deceased Jashi sustained burn injuries, ult