Dead man sentenced to 3-month rigorous imprisonment

August 28, 2016

Bengaluru, Aug 28: A division bench of the High Court has recalled an earlier order sentencing a dead man to undergo rigorous imprisonment of three months. The recall order came on August 16, 2016, six years after the court had passed the earlier judgement on July 28, 2010.vilang

The information that the accused was dead was not presented to the court when it passed the order in 2010. In its latest order, the court said: "It is a settled position in law that a judgement or an order passed against a dead person is a nullity in law."

Justice to the accused Swamygowda came after 18 years. The original case was against Swamygowda and Basavaraju in 1999. They were charged with attempt to murder, culpable homicide and voluntarily causing grievous hurt. In 2004, the trial court found them not guilty on the first two grounds but convicted them on the last count, sentencing Swamygowda to pay a fine of Rs 5,000 and Basavaraj to pay a fine of Rs 3,000.

The prosecution appealed to the HC in 2004 seeking enhancement of the sentence of the two. In 2010, the HC modified the sentence and ordered that both should undergo rigorous imprisonment for a period of three months and also pay a fine of Rs 50,000 each.

However, the HC was not informed that Swamygowda had died on March 22, 2008, when the appeal was still pending. The issue came to light that a dead man was sentenced to imprisonment after Swamygowda's wife filed an application earlier this year to recall the 2010 judgement against her husband.

The public prosecutor appearing for the State opposed the recall of the judgement sentencing Swamygowda, submitting that "the Court has no power to alter or review the judgement or final order disposing of a case, after it is signed, except to correct a clerical or arithmetical error."

In its latest judgement recalling the earlier order, the HC said: "the death was not brought to the notice of this Court at the time of disposal of the appeals". As the order against Swamygowda is nullified, the court said it was being recalled. "As this Court had disposed of the appeals without noticing the death of the respondent No.1-Swamygowda, the common judgement dated 28.07.2010 rendered in these appeals as against respondent No.1 is a nullity, and in view of Section 294 of Cr.PC, it requires to be recalled."

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News Network
June 6,2020

Kota (Rajasthan), Jun 6: A 14-year-old boy allegedly hanged himself to death on early Saturday morning shortly after he stopped playing PUBG throughout the night and went to sleep, said police. 

Railway Colony police station’s in-charge Hansraj Meena said the boy, a class 9 student and son of an Army man, was found hanging from the grill of the ventilator in his bedroom on early Saturday morning. 

Meena said according to the boy’s family members, the boy had downloaded the gaming programme on his mother’s mobile phone only three days back but had been playing the game virtually continuously for the last three days. 

He kept on playing the game till 3 am in a room in which his brother was studying, said Meena, adding the boy went to adjoining to sleep after that. His body was found hanging from the ventilator’s grill in the morning, he said, adding the boy was rushed to MBS Hospital, where he was declared “brought dead”. 

No suicide note was recovered in the case, the SHO said. The boy lived in Gandhi Colony in the city along with his mother and brother, while his father, a Tamil Nadu native and Army man, is currently posted in Arunachal Pradesh. The boy’s body has been kept in hospital’s morgue for the postmortem, the SHO said.

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News Network
January 15,2020

New Delhi, Jan 15: The CBI has booked 17 individuals and companies, including three Mumbai-based senior Customs officials, for allegedly being part of a money laundering racket using over-invoiced import of diamonds worth more than Rs 156 crore, official said on Tuesday.

The case was referred to the CBI after a Directorate of Revenue Intelligence probe found alleged involvement of Customs officials in the conspiracy, they said.

The DRI probe had alleged that Hong Kong-based businessman Girish Kadel had imported rough diamonds from Switzerland to Hong Kong in the name of his four companies.

Kadel, who had business interests in India, had exported some of these diamonds to India through 14 consignments in the name of two companies Antique Exim Pvt Ltd and Tanman Jewels showing over-invoiced value of Rs 156.28 crore.

The DRI had found during revaluation that actual value of the consignment was Rs 1.03 crore instead of falsely declared value of Rs 156.28 crore, they said.

The Central Bureau of Investigation (CBI) has alleged that Kadel used Import Export Codes (IECs) of Antique Exim Private Ltd and Tanman Jewels through his aide Atul Paldecha for siphoning off the money outside India through import of over-valued diamonds, the officials said.

Rough diamonds were imported at "highly exaggerated value" to siphon off excess foreign exchange overseas to cover the differential cost of other imports and park money abroad for unlawful activities.

It is alleged that the then Commissioner APSC Mumbai, Vinay Brij Singh, influenced subordinate officers to give favourable report, they said.

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News Network
June 10,2020

Jun 10: In a suspected case of honor killing in Telangana, a 20-year old woman was allegedly smothered to death by her parents for being in love with a man from another caste, becoming pregnant and refusing to undergo an abortion, police said on Tuesday.

The parents killed their daughter using a pillow while she was asleep in the early hours of June 7 in their house in Kalukuntla in Jogulamba-Gadwal district and sought to project it as natural death, claiming she died of a heart attack.

However, following specific information and suspicion raised by the village secretary over the death of the woman, a college student, a probe was launched and the couple arrested on charges of murder under Indian Penal Code section 302 after post-mortem, police said.

The parents decided to kill the woman, the youngest of their three daughters, a day after she was found pregnant and refused to undergo an abortion, police said.

The woman had fallen in love with the man while pursuing her degree course in Kurnool district in neighboring Andhra Pradesh and informed her parents about it after she was found pregnant during an examination by a doctor. Her parents feared that their daughter may elope with her lover and brought pressure on her to go for abortion.

Though initially, she agreed, later she declined, following which they killed her and told everyone that their daughter died of heart attack, the police official said. When a police team went to their house and insisted on a post-mortem after noticing some marks on her body indicating a struggle, the parents tried to stop it, saying there was no need.

Later, police shifted the body to a hospital where a post-mortem revealed the woman was "throttled to death". Her parents during interrogation confessed to killing their daughter, the official said, adding they were arrested.

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