JUDGMENT (Oral)

1. The present criminal leave to appeal is filed under section 378(3) Cr.P.C on behalf of the appellant/State to impugn the judgment dated 19.07.2019 and order on sentence dated 23.07.2019 passed by the Court of Dr. S. K. Gautam, Additional Sessions Judge-03, East, Karkardooma Courts, Delhi in Sessions Case bearing no. 1601/2018 arising out of FIR bearing no. 0049/2015 registered under sections 308/427 read with section 34 IPC at P.S. Mayur Vihar.

2. The perusal of FIR bearing no. 0049/2015 reflects that it was got registered on the basis of complaint made by Babu under sections 308/427/34 IPC at P.S. Mayur Vihar, Phase 1 wherein the respondent was implicated. After conclusion of the investigation, charge sheet was filed under sections 308/427/34 IPC. The case was committed to the court of sessions after compliance of section 207 Cr.P.C by the court of concerned Metropolitan Magistrate. The Trial Court vide order dated 07.09.2018 framed the charges for the offences punishable under sections 427/34 IPC and 308/34 IPC against the respondent. The respondent pleaded not guilty and claimed trial. The prosecution to prove the guilt of the respondent, examined seven witn