JUDGMENT :

1. 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 20.06.2011, passed in Sessions Case No. 38 of 2010 by the learned 2nd Additional Sessions Judge, Mahesana, camp at Visnagar, recording the acquittal.

2. Brief facts are that complainant – Devjibhai Hirabhai has filed the complaint against the respondents - accused to the effect that the deceased Sushila was his third daughter. Sushila was married to accused no.1 before 12 years of incident and out of such wedlock deceased has two children. On the day of incident i.e. 13.03.2009 at about 7:00 am complainant received a phone call from the elder brother in law of the deceased that deceased has received burn injuries and they shall came immediately. As he was not well that day, both of his sons with his wife went to matrimonial home of the deceased. After some time, he received phone call of his son Kaushik that deceased got burnt and died and her dead body was to bring at Visnagar Civil Hospital for post-morterm. Therefore, complainant reached the Civil Hospital at about 10:00 am, where his son Kaushik has informed