(1.) This judgment shall dispose of an appeal filed by the State instituted on 29.9.2000 seeking to assail the impugned judgment dated 19.04.2000 of the learned ASJ, Shahdara the FIR No. 331/89, PS Bhajanpura whereby four of the accused Ishwar Chand, Ravinder, Davender arrayed as respondent Nos. 1, 2 and 3 respectively to the present appeal (of whom respondent No. 2 Ravinder S/o Kanchan Singh having expired, was deleted from the array of parties vide order dated 28.02.2002), were acquitted of the charges levelled against them of the alleged commission of offences punishable under Section 347/365/323/368 r/w Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") apart from the separate charge having also been framed against the Ishwar Chand/accused No.1/respondent No.1 herein and the accused Ravinder Kumar- respondent No. 2 (who has already been deleted from the array of parties) under Section 397 IPC, with which, the said accused persons had been charged on 03.11.1995. The State was granted leave to appeal vide order dated 22.11.2001 whereby Crl.M.C. 2967/2000 was allowed.
(2.) The proceedings against the accused Davinder S/o Rajpal arrayed as respondent No 3 have also abated as observed vide order dated 04.11.2016 in view of his demise on 16.05.2008 as reported by Inspector Kishan Kumar SHO PS Bhajanpura.
(3.) The trial Court record indicates that there were four persons facing trial before the trial Court i.e. Ishwar Chand, Ravinder, Davinder and Mahender. However, proceedings against the accused Mahender S/o Roop Singh abated on 11.01.1995 due to his demise as he expired on 11.12.1993. The present appeal thus now is only against the surviving respondent No. 1, Ishwar Chand.