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 14.07.2008 in Sessions Case No.167 of 2007 passed by the learned Additional Sessions Judge and 3rd Fast Track Court, Modasa (Sabalpur) (hereinafter referred to as ‘the learned Trial Court’), whereby, the learned Trial Court has acquitted the respondent – accused from the offences punishable under Sections 498-A, 306 and 323 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 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. That deceased Manjula was married to the accused about seven years ago, and two children i.e. son Ajay aged five years and daughter Kinjal aged 3½ years were born out of the wedlock and they all were residing at village Bhilkuwa, Taluka Modasa. Two years prior to the incident, the accused started ill-treating Manjula and on 06.06.2007 at around 10:30am, Manju