CAV JUDGMENT

1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 17.08.2010, passed by the learned Sessions Judge, Bhavnagar, in Sessions Case No.171 of 2007, for the offences punishable under Sections 306, 504, 506(2) and 114 of the Indian Penal Code, the appellant – State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, “the Code”). By an order dated 20.01.2026, the present appeal has abated qua respondent nos.1 and 4, in view of the fact that respondent no.1 had expired on 08.01.2017 and respondent no.4 had expired on 03.06.2022. The appeal is heard qua respondent nos.2, 3, 5 and 6.

2. The prosecution case as unfolded during the trial before the trial Court is that the accused No. 2, Jaguben, is the wife of the complainant in this case. On 20.02.2007 at around 07:00 p.m., when the complainant and his wife (accused No. 2) were at their house, the complainant reprimanded accused No. 2 because she was maintaining an illicit relationship with accused No. 1. Upon being reprimanded, accused No. 2 started speaking abusively and stated that she wished to continue her illicit relationship with a