JUDGMENT :

Hemant M. Prachchhak, J.

1. The present appeal is filed by the appellant – State of Gujarat (original complainant) under Section 378 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 31/07/2007 passed by the learned Additional Sessions Judge, Dahod (hereinafter referred to as “the trial court”) in Sessions Case No.185 of 2006, whereby, the trial court has convicted the respondent No.1 for the offence punishable under Section 498(A) of the Indian Penal Code (for short “IPC”) and ordered to suffer rigorous imprisonment of two years and imposed fine of Rs.5,000/-, and in default of payment of fine, further rigorous imprisonment of six months, whereas, the trial court has acquitted the respondent Nos.2 and 3 for the offence punishable under Section 498(A) of the IPC. The trial court also acquitted the accused – respondents herein for the alleged offence under Sections 306 and 114 of IPC.

1.1 At the outset, it may be noted that the respondent No.2 – Gangaben W/o. Laxmanbhai Mathurbhai Pithaya (original accused No.2), having expired pending the appeal, the appeal stands abated qua the said respondent No.2. Learned advo