JUDGMENT

Sant Parkash, J. - Applicant - appellant, Yadwinder Singh @ Yadu, has preferred the present application under Section 389 Cr.P.C. seeking stay of his conviction imposed vide judgment of conviction dated 18.11.2016 passed in FIR No. 127 dated 30.06.2002 under Sections 307, 452, 326, 324, 323, 148, 149 IPC registered with Police Station, City Khanna, District Ludhiana, whereby the applicant - appellant alongwith co-accused has been convicted and sentenced to undergo rigorous imprisonment for a period of three years alongwith fine under the provisions of IPC as detailed in order of conviction dated 18.11.2016.

2. Succinctly, the present FIR has been registered on the basis of statement of complainant - Azadwinder Singh (PW-2), who was declared fit to make statement on 30.06.2002, by Dr. Beant Singh Bhatia (PW-8) vide his opinion EX.PW-4/D, pursuant to an application moved by ASI Baldev Singh (PW-4), Police Station, City, Khanna. The complainant got recorded his statement to the effect that on 29.06.2002 at about 04.00 pm, when he alongwith Harminder Singh (PW-5) and Rajanjeet Singh was present in his shop, situated at Amloh Road, Yadwinder Singh @ Yadu alongwith co-accused and