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 against the judgement and order of acquittal passed by learned Presiding Officer, Fast Track Court No.5, Morbi (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 41 of 2007 on 07.09.2009, whereby, the learned Trial Court has acquitted the respondent for the offence for the offence punishable under Sections 498-A, 306 and 504 of the INDIAN PENAL CODE , 1860 (hereinafter to as the IPC).

1.1 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 brief facts that emerge from the record of the case are as under:-

2.1 The accused was the mother-in-law of deceased Gitaben the wife of Shambhubhai Merubhai Indariya and Gitaben was married to Shambhubhai about six years prior to the incident. Out of the wedlock, they had a daughter, Vandana aged two years and the son Sumit, aged one year. As per the complaint filed by the complainant Shamjibhai Shardulbhai Thakor on 14-05-2007, the accused used to mentally and physica