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2023 Supreme(Pat) 489

SHAILENDRA SINGH
Ram Udgar Mahto S/o Late Ram Balak Mahto – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sujit Kumar Singh, Advocate
For the Respondent: Mrs. Anita Kumari Singh, APP

JUDGMENT :

The present criminal appeal has been filed by two appellants namely Ram Udgar Mahto and Harihar Mahto against the judgment of conviction and order of sentence dated 28th January, 2003 from which being aggrieved and dissatisfied, the instant appeal has been preferred by the appellants.

2. The judgment impugned has been passed by Shri Madhusudan Singh, then Sessions Judge, Samastipur in Sessions Trial No.433 of 1996 by which appellant No.1 has been convicted for the offence punishable under Section 324 of the Indian Penal Code (in short IPC) and he has been sentenced for the said offence to undergo Rigorous Imprisonment for a period of six months. By the impugned judgment, the appellant No.2 has been convicted for the offence punishable under Section 325 of IPC and sentenced to undergo Rigorous Imprisonment for a period of six months in respect of the said offence. Here, it is relevant to mention that during the pendency of this appeal, the appellant No.2 namely Harihar Mahto died so vide order dated 10.01.2023 the present appeal stood abated in respect of the said appellant and accordingly the present appeal is now being decided in respect of appellant No.1. Further it is r

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