Kaushal Jayendra Thaker, J.

1. The present appeal, under Sec. 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 6-8-2004, passed by the learned Principal Judge, City Civil Court, Ahmedabad in Sessions Case No. 96 of 2003, whereby, the learned trial Judge acquitted the original accused - the respondent herein, of the charges for the offence punishable under Sees. 498A and 306 of I.P.C. The brief facts of the prosecution case are that deceased Sangitaben was wife of accused Dilipkumar. They were residing together since 1992. Accused was harassing the deceased and demanding money, ornaments etc. On account of this harassment, Sangita committed suicide by consuming acid. The incident took place on 7-6-2002 in the house of accused i.e. Thakorvas, Navrangpura, Ahmedabad. It is further the case of the prosecution that the complaint of deceased Sangita Dilipkumar was recorded by P.S.I. Navrangpura on 8-6-2002 at about 2-30 p.m. She was brought to the hospital by the accused, where she died during the treatment. The complaint was lodged with the concerned police station. The statements of other witnesses were also recorded by police. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested, and ultimately, charge-sheet was filed against him. The case was then committed to the Court of Sessions, which was numbered as Sessions Case No. 96 of 2003. The trial was initiated against the respondent.

2. To prove the case against the present accused, the prosecution has examined the following witnesses:

"1. P.W. 1 Amratben Ramanbhai Exh. 7

2. P.W. 2 Ramanji Gandaji Thakor Exh. 8

3. P.W. 3 Kantaben Pareshbhai Thakor Exh. 15

4. P.W. 4 Pareshbhai Punjaji Chavda Exh. 16

5. P.W. 5 Bhikhaji Kachraji Thakor Exh. 17

6. P.W. 6 Dr. Saumil Premchandbhai Merchant Exh. 18

7. P.W. 8 Jashwant Kumar Chhanabhai Patel Exh. 20"

3. The prosecution has also produced the following documentary evidence:

"1. Police report under Sec. 157 of C.R.P.C. Exh. 25

2. Panchnama of scene of offence Exh. 26

3. Yadi from V.S. Hospital Exh. 9

4. Permission for inquest Exh. 10

5. Inquest panchnama Exh. 11

6. Death slip of Sangita Exh. 12

7. Post-mortem report Exh. 19

8. Ravangi Nondh Exh. 13

9. Receipt of muddamal by F.S.L. Exh. 14

10. Original Yadi for D.D. Exh. 21

11. Dying Declaration Exh. 22

12. Yadi of P.S.I., to Executive Magistrate for Dying Declaration Exh. 23."

4. At the end of trial, after recording the statement of the accused under Sec. 313 of Cr.P.C. and hearing arguments on behalf of prosecution and the defence, the learned trial Judge acquitted the respondent of all the charges levelled against him by judgment and order dated 6-8-2004.

5. Being aggrieved by and dissatisfied with the aforesaid judgment and order passed by the trial Court, the appellant State has preferred the present appeal.

6. It was contended by learned A.P.P. Ms. Bhatt that the judgment and order of the trial Court is against the provisions of law; the trial Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself, it is established that the prosecution has proved all the ingredients of alleged charges against the present respondents. Ms. Bhatt learned A.P.P. has strenuously urged that the dying declaration speaks about the specific allegations against the present accused. There was mental harassment meted out to the deceased and that she had taken the extreme step of consuming acid. Though, husband took her to the hospital, she had maintained that accused was harassing her. Ms. Bhatt has taken this Court through the evidence of P.Ws. 1, 2 and 3 who have supported the case of the prosecution and submitted that the finding of fact regarding dying declaration is against the principle enunciated by the Apex Court, wherein, the Apex Court has held that the dying declaration is such on which reliance can be placed