ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE MAULIK J.SHELAT)

1. The present Acquittal Appeal has been filed under Section 378 of the Code of Criminal Procedure , 1973, challenging the judgment and order dated 30.11.2002 passed by learned Sessions Judge, Surendranagar in Session Case No.12 of 1998. The State is in appeal before us. By way of the impugned judgment and order, the accused have been acquitted of all the charges levelled against them under Sections 143, 147, 302, 498(a) and 304-B read with Section 34 of the Indian Penal Code , 1860.

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

2.1 The prosecution alleges that three months prior to the incident, the deceased, Jyotsnaba, married Accused No. 1, Indrasinh Ajitsinh Zala. The other accused, Balbhadrasinh Ajitsinh Zala (elder brother of the accused), Mahendrasinh Ajitsinh Zala (Younger brother of the accused), Kanakba Ajitsinh Zala (Mother-in-Law), and Gitaben Balbhadrasinh Zala (Sister in law of the accused) were also involved. During the marriage, the deceased - Jyotsnaba was subjected to mental and physical torture, demanding dowry by the accused.

2.2 On August 22, 1997, all the accused formed an unlawful assembly an