JUDGMENT :

1. The appeal, arising from the acquittal judgment and order under Section 378 of the Code of Criminal Procedure, 1973, is filed by the State challenging the judgment and order dated 3.11.2007 passed by the Presiding Officer, 3^rd Fast Track Court, Gondal Camp at Upleta in Sessions Case no.2 of 2007. The offence was registered under Sections 498A, 306 and 114 of the Indian Penal Code, 1860 with Upleta Police Station, Rajkot.

2. The charge was drawn below Exh.1 by the Presiding Officer on 17.4.2007 to note that the complainant’s daughter Bhavnaben had married to accused no.1 one year prior to the incident. Accused nos.2 and 3 are brother-in-law and sister-in-law of the accused no.1 while accused no.4 is the mother of accused no.1. The charge further notes that the brother-in-law and the sister-in-law, accused nos.2 and 3 were staying besides them and the deceased was staying along with the accused-husband and accused no.4 – mother-in- law. During that period, by instigation of each other, they used to harass her during her matrimonial life that she does not know how to do the household work, nor has she brought anything from her parental house. The charge states that because