JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. Present appeal is filed by the appellant-State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the impugned judgment and order dated 30.04.2010 passed by the learned Presiding Officer and Additional Sessions Judge, 4th Fast Track Court, Rajkot (hereinafter be referred to as “the trial Court”) in Sessions Case No. 105 of 2006 whereby the trial Court has acquitted the accused for the offences punishable under Sections 498(A), 306, 114 etc of the Indian Penal Code whereby the trial Court has acquitted the accused for the alleged offence.

FACTS OF THE CASE:

2. It is the case of the prosecution that one Nitaben daughter of the complainant, prior to performing marriage with accused No. 1, was married with one Ashokbhai Zaverbhai Solanki resident of Ahmedabad, however, they were separated within six months and after a period of ten years, Nitaben married with accused No. 1. It is also the case of the prosecution that after the marriage, Nitaben started residing with accused and when Nitaben came to know about the illicit relation between the accused, the dispute cropped up between them and the accused was giving mental and