JUDGMENT :

MAULIK J. SHELAT, J.

1. The present appeal has been filed by the State under Section 378 of the Code of Criminal Procedure, 1973, against the judgement and order dated 19th February 2004 passed by the Sessions Court, Jamnagar (hereinafter referred to as “Trial Court”) in Sessions Case No. 48 of 2003. By way of the impugned judgement and order, the accused has been acquitted under Section-302 of the INDIAN PENAL CODE (hereinafter referred to as “IPC”) by the Trial Court.

2. The short facts of the prosecution case are as under:

3. The alleged incident took place on 1st March 2003 in afternoon hours in the house of the first informant, who happens to be the husband of the deceased Parmeshwariben, wherein he has disclosed that the deceased sustained an accidental injury from falling in the house while doing domestic work, she sustained injuries and she was taken to the hospital at about 16:00 hours on 1st March 2003, itself and the doctor concerned declared her dead at about 16:30 hours.

4. The police appears to have been informed about the accidental death as per Section-174 of the CRIMINAL PROCEDURE CODE (hereinafter referred to as “CrPC”), whereby, Accident Case No.24 of 2003