JUDGEMENT

(PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)

1. This appeal, under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’ for short), is filed by the State challenging the judgment and order dated 16.04.1996 rendered by learned Sessions Judge, Jamnagar in Sessions Case No.126 of 1994 whereby the concerned Sessions Court has acquitted the respondent – accused.

2. Heard Mr. Chintan Dave, learned APP for the appellant – State and Mr. P. M. Lakhani, learned advocate for the respondent – accused.

3. The prosecution case, in brief, is as under:

3.1. “The deceased Mariumben was married to the accused before about three years and after marriage, the accused husband used to pick-up quarrels with her and used to torture her physically and mentally.

However, the deceased used to bear all such tortures with the hope that everything will be okay in future.

The accused used to drive her out from the house and therefore, she used to go away at her parents’ place.

She was taken back by the accused after compromise when he was persuaded by the father of the deceased.

At the time when this incident took place, she was staying wi