GOVERNMENT OF NCT OF DELHI Vs. JASPAL SINGH

JUDGEMENT

(1.) JUDGMENT

(2.) FOUR persons, including the respondent Jaspal Singh, were proceeded against pursuant to an FIR bearing No. 237/ 83 registered on 10.11.83 and after concluding the investigation, the following four persons stood charged for facing trial before the Addl. Sessions Judge, New Delhi, in Sessions case No 33 of 1984: 1. Maj. Genl. (retd.) F.D. Larkins, New Delhi, s/o Late H.D. Larkins 2. A.V.M. (retd.) K.M. Larkins, Lucknow (U.P.), S/o Late H.D. Larkins 3. Lt. Co. (retd.) Jasbir Singh, New Delhi, s/o Shri Ranbir Singh 4. Jaspal Singh Gill @ Jassi Gill, New Delhi, s/o Late Kartar Singh

(3.) THE above accused filed appeals against the same in Crl. Appeal Nos. 185 of 1985. Crl. Appeal No. 214 of 1985, Crl. Appeal No 202 of 1985 and Crl. Appeal No. 175 of 1985, respectively. A learned Single Judge of the High Court of New Delhi, by his judgment dated 30- 4-2001, while affirming the conviction and sentence imposed on accused No. 1 and accused No. 2, dismissed Crl. Appeal Nos. 185 and 214 of 1985 respectively filed by them. So far as accused No. 3 and accused No. 4 are concerned, the learned single Judge, did not choose to agree with the decision of the learned Trial Judge and while allowing their appeal set aside their conviction and sentence imposed therefor and acquitted them. Not satisfied, the Government of National Capital Territory filed SLP Nos. 3928-3929 of 2002 and after leave was granted the appeals were entertained as Crl Appeal Nos. 247 and 248 of 2003. THE respondent in Crl. Appeal No. 247 of 2003 (accused No. 3) was reported dead on 26-2- 2003 resulting in the abatement of the said appeal, leaving only the appeal filed in Crl.Appeal No. 248 of 2003 in respect of the acquittal of accused No. 4 by the High Court for consideration.