HARI SHANKER UPADHYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) A supplementary affidavit has been filed on behalf of appellant No.2 Ram Ekbal Bhagat annexing photo copy of death certificate, which shows that appellant No.2 Ram Ekbal Bhagat has died on 17.4.2009 itself.

(2.) In the said circumstances, this appeal against appellant No.2 Ram Ekbal Bhagat stands abated.

(3.) Both the appellants Hari Shankar Upadhyay and Ram Ekbal Bhagat (since died) stand convicted under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year vide judgment and order dated 9.7.2003 passed by Sri A.P. Srivastava, the then Ad hoc District and Sessions Judge, Presiding Officer, 1st Additional, Fast Track Court at Siwan in Sessions Trial No. 96/86/310/2002.