JUDGMENT :

1. Despite sufficient opportunity was given to the respondents, nobody is present on their behalf. The matter is11 and hence, the Court proceeded with the matter.

2. Present appeal has been filed by the appellant - State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 31.08.2010, passed in Sessions Case No. 155 of 2008 by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Jamnagar, recording the acquittal.

3. The facts, in brief, are that marriage of deceased had been solemnized with the respondent No. 1 herein - original accused No. 1 and son of the respondent No. 2 herein - original accused No. 2 prior to about thirteen years of the incident in question, as per the rites and rituals of their caste. Out of the wedlock, they have two children, of whom, the daughter namely Jagruti had died at the age of 5 years. It was the case of the prosecution that after the marriage, for about one year, their marriage life was going good, however, thereafter, the respondents, so often, used to beat the deceased. The accused No. 1, the husband, used to oust her saying, he did not like her and hence, she u