(1.) THE present appeal, u/s. 378 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 14th November 2008, passed by the Additional Sessions Judge, Surat in the Sessions Case No. 200 of 2007, whereby, the trial Court was pleased to acquit the accused from the offence punishable u/s. 302 of the Indian Penal Code and convicted the accused u/s. 304 (1) of the Indian Penal Code.
(2.) THE brief facts of the prosecution case is as under:
(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.