KANWALJIT SINGH AHLUWALIA, J.

1. The office had reported on 23.7.2008 that appellant No.1 Sube singh has expired, therefore, present appeal qua him abate subject to an inquiry to be undertaken by the Chief Judicial Magistrate, Rohtak. In case factum of death of Sube Singh is found to be true, no reference will made to this Court otherwise Registry will revive the appeal qua Sube Singh.

2. Sube Singh, Sumer Singh and Roop chand were named as accused in case FIR no.84 dated 07.09.1995 registered at Police Station Sahlawas,under Sections 332, 333, 353 IPC. FIR in the present case was registered on the basis of statement made by Jai Karan Singh. On 5th September, 1995 complainant was posted as Social Education Panchayat Officer, Sahlawas. Occurrence in the present case pertains to 5th September, 1995. On that day complainant had submitted his report regarding damage caused by floods to SDM, Jhajjar. Complainant reached near village Amadal, where tractor of Roop Chand was parked. It was about 8.30 PM. At that time complainant heard the voice of Roop chand stating that enemy has come, he should not be escaped. He was given lathi blows on the forehead and on the right hand. Compla