JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. Assailing the judgment dated 17.08.2013 passed in Sessions Case No. 100 of 2012 on the file of learned Additional Sessions Judge, Surat, whereby, the sole accused was acquitted of the charge for the offence publishable under Section 302 of the INDIAN PENAL CODE , 1860 (herein after referred to as “the IPC”) and was convicted for the offence punishable under Section 304, Part-II of IPC, imposing punishment of only 7 years’ rigorous imprisonment (RI) with fine of Rs.10,000/- and in default, to undergo simple imprisonment (SI) for 3 months, State has preferred the instant appeal questioning the legality and validity of acquittal of the accused for the offence punishable under Section 302 of IPC.

2. Fact of the present case lie in a narrow compass and may be stated as follow:

2.1 The deceased is the legally wedded wife of the accused. They were married about 13 years prior to the date of offence. They are blessed with two sons and two daughters during their wedlock.

2.2 On the fateful day of 21.11.2011, at about 8:30 p.m., the accused came to his house and when the deceased, who is his wife, served food to him for his dinner, the accused is not