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Dead man sentenced to 3-month rigorous imprisonment

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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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Agencies
May 10,2020

Mumbai, May 10: A 32-year old man, running a bakery here has been arrested for alleged promotion of products using a tagline that said his firm does not employ Muslims, police said on Sunday.

The man, who is also selling his products online had allegedly said "made by Jains on orders, no Muslim staff" for promotion purposes in his WhatApp group.

A complaint was lodged against him saying the words depicted Muslims in a bad light and Mambalam police registered a case and arrested him, a release said adding a probe was on.

Recently, a man was arrested in Mumbai after he allegedly refused to collect groceries he had ordered online since the delivery person was a Muslim.

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Agencies
July 31,2020

Amaravati, Jul 31: Nine people have died after allegedly consuming sanitiser in Prakasam district of Andhra Pradesh today, the police said.

Prakasam district Superintendent of Police Siddharth Kaushal said the people had been consuming sanitiser for the past few days, mixing it with water and soft drinks.

"We are also investigating whether they laced the sanitiser with any other toxic substances," the official said.

"Their family members say these people have been consuming sanitiser for the past ten days. We are sending the sanitiser stocks, being sold in the area, for examination," he added.

Kurichedu in Prakasam district has been under lockdown due to rise in coronavirus cases and hence, liquor shops have also been shut since the past few days.

Habitual drinkers were said to be consuming sanitisers that have alcohol content, apart from illicitly distilled arrack.

The police said two beggars near a temple were the first to fall victim on Thursday night. While one of them was found dead at the spot, another died in the government hospital in Darsi town, they said.

A third person was also taken to the Darsi hospital late on Thursday night after he fell unconscious but he was declared brought dead. Six others who fell ill after allegedly consuming sanitiser, died this morning.

Others who fell ill after consuming sanitiser are undergoing treatment at their residences in the village, the police added.

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News Network
January 28,2020

Nagpur, Jan 28: A 19-year-old woman was allegedly raped and an iron rod was inserted in her private parts by a man in the Pardi area here, police said on Monday.

The gruesome incident took place on January 21 and the accused, Yogilal Rahangdale (52), was arrested from Gondia district, they said.

The accused was working as a supervisor in a spinning mill where the woman was employed as a labourer, the police said.

The woman, her brother, the accused and another girl lived in rented accommodations in Pardi.

Inspector Sunil Chavan of the Pardi police station said that the woman's brother and her female friend had gone to their village on January 21 for some work.

As the woman was alone at home, Rahangdale attempted to rape her in the night. When she resisted, he stuffed a piece of cloth in her mouth, he said.

When she fell unconscious, the accused raped her and inserted an iron rod in her private parts, Chavan said, quoting from the complaint filed by the victim.

She narrated the incident to her brother on January 24 and they subsequently lodged a complaint with the police.

An offence was registered against the accused at the Pardi police station.

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