JUDGMENT :

(S.V. PINTO, J.)

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and the order dated 31.03.2009 in Sessions Case No.64 of 2008 passed by the learned Additional Sessions Judge, Fast Track No.5, Nadiad (hereinafter referred to as ‘the learned Trial Court’), whereby, the learned Trial Court has acquitted the respondents from the offences punishable under Sections 498(A) and 306 of the Indian Penal Code (hereinafter referred to as ‘the IPC’). The respondent is hereinafter referred to as ‘the accused’ as he stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing of the present appeal are as under :

2.1. The accused was married to deceased Ruiya about 7 years prior to the unfortunate incident and they had 3 children out of the marriage. The eldest being 5 years old and the youngest 2 years old. They all lived together at Unaliya village. The accused had mortgaged the jewelry of his wife Ruiya and had used the money for household and land expenses and two days prior to t