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2011 Supreme(Pat) 1485

SHYAM KISHORE SHARMA, RAJENDRA KUMAR MISHRA
Bharat Bhagat – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Kanhaiya Prasad Singh, Yogendra Pd. Sinha, Arun Kumar, Jagdish Prasad No.1.
For the Respondent: Mr. S.C. Mishra.
For the Informant : M/s Keshav Srivastava, Pawan Kumar.

S.K.SHARMA & R.K.MISHRA, JJ.:–There were originally two appellants namely, Tej Narain Bhagat and Bharat Bhagat. On 19.11.2010 it was pointed out by learned counsel appearing on behalf of appellants that appellant no.1 Tej Narain Bhagat son of Ram Lakhan Bhagat resident of village Bhim Nagar, P.S. Baruraj at present Motipur, District Muzaffarpur is dead. To ascertain the authenticity of the prayer, a report was called for from the Superintendent of Police, Muzaffarpur. The Superintendent of Police, Muzaffarpur through his Letter No. 260 dated 27.01.2011 has reported that Tej Narain Bhagat is dead. In view of the report of the Superintendent of Police, Muzaffarpur, the appeal against appellant no.1 Tej Narain Bhagat abates and now the only appellant remaining in the appeal is Bharat Bhagat who was convicted by learned Sessions Judge, Muzaffarpur in Sessions Trial No. 92 of 1986 vide judgment dated 21.07.1988 for offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act and was sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and to undergo rigorous imprisonment for three years under Section 27 of the Arms Act. The se































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