District Judge J R Aryan, who was scheduled to hear the arguments on point of sentence in the case on May 6, deferred the matter for May 9 after CBI prosecutor, senior advocate R S Cheema, expressed his inability to appear before it on the earlier date.
Cheema told the court that he would not be able to advance arguments on May 6 as he would not be available on that day.
Kumar was given benefit of doubt by the court which said one of the victims and key witness Jagdish Kaur did not name him as an accused in her statement recorded by the Justice Ranganath Mishra panel in 1985.
While freeing Kumar, the other five accused-- Balwan Khokkar, an ex-councillor, Mahender Yadav, an ex-MLA, Kishan Khokkar, Girdhari Lal and Captain Bhagmal-- have been held guilty on April 30 for the offences including murder, rioting and unlawful assembly by the armed rioters.
The judge in his judgement has said it has been proved that the convicts are guilty of rioting, armed with deadly weapons and unlawful assembly on November 1, 1984 at around 7.30 pm near Gurudwara Raj Nagar.
The court has said it has been proved that there was a rioting mob, including the convicts, and they were armed with weapons like lathis and rods and they did indulge in violence.
"...Accused of the present case namely Bhagmal, Balwan Khokar, Krishan Khokar and Mahender Yadav were part of that rioting mob and the mob was armed with weapons, lathis and sarias," it has said.
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