ASHUTOSH KUMAR, J. (ORAL)

Crl.M.A No.2503/2015

For the grounds taken in the petition, the delay of 46 days is condoned. Application is disposed of. CRL.A.231/2015

1. The present appeal on behalf of the State is directed against the judgment and order of conviction dated 16.10.2014 passed by the Additional Sessions Judge-04 (North), Rohini Courts, Delhi in Sessions Case No.32/1/14 (FIR No.145/2008, P.S. Kanjhawala) whereby the respondents have been convicted only under Section 325/34 of the IPC and have been sentenced for imprisonment which they have already undergone during investigation/trial and a fine of Rs.10,000/- each, with the benefit of Section 428 Cr.P.C.

2. The respondent No.1 was charged for offence under Section 304/34 and Section 509 of the IPC whereas respondent Nos.2 & 3 were charged for the offences under Section 304/34 of the IPC.

3. The facts giving rise to the filing of the present appeal are as hereunder.

4. While Smt. Shivpati (deceased) and Ms. Roshni (PW-7) were sitting outside their house No.B-26, Sukhbir Nagar, Karala, Delhi on 12.9.2008, they heard somebody crying inside the house of respondent No.1. Since the house of respondent No.1is adjacent