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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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News Network
July 4,2020

Kolkata, Jul 4: Two people were killed and around four injured when the bombs they were allegedly manufacturing went off inside a house in Murshidabad district, a senior police officer said on Saturday.

Their identities were yet to be established as the condition of those injured and undergoing treatment at a hospital was still "critical", he said.

The thatched roof of the house, where they were allegedly making bombs, also blew off in the explosion, which occurred at Suti town in Jangipur subdivision of the district around 9:00 pm on Friday, the officer said.

The house has been damaged completely, and its owner is on the run, he said.

As of now, the wife of the house owner is being questioned in connection with the incident, the officer added.

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Agencies
May 28,2020

Mumbai, May 28: Twenty four doctors and three others staying in a south Mumbai hotel were rescued after a major fire broke out in the five-storey building, officials said on Thursday.

The BMC has arranged temporary accommodation for emergency and essential service staffers, including doctors and nurses, in various hotels and lodges in the city due to the COVID-19 pandemic. This hotel is one such facility.

The fire broke out at Hotel Fortune near Metro Cinema late Wednesday night and was brought under control after nearly three hours early Thursday, fire brigade officials said.

“The fire spread from the first to the third floor of the hotel, a fire brigade official told PTI. It was a level-2 fire and eight fire engines were rushed to the spot, he added.

The fire was confined to the electric wiring and cables in the electrical duct, false ceiling in the lobby and the common passages on the first, second and third floors of the hotel, he said.

The 24 rescued were resident doctors at a local hospital who were provided temporary accommodation in the hotel, while the three others were guests of the hotel, he said.

The fire broke out at 11 am and wasbrought under control at 1.40 am, the official said. Cooling operation is underway at the hotel, he added.

Five doctors were rescued using fire brigade ladders and breathing apparatus sets, the official said.

The cause of the blaze is not yet known, the fire brigade official said.

On April 21, a major fire broke out in a lodging room of Hotel Ripon near Mumbai Central, which was being used as a quarantine facility by the civic body.

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Agencies
May 31,2020

Bareilly, May 31: The Bareilly couple who had made headlines in July last year when they eloped and apprehended a threat to their life from the girl's father who is a BJP MLA in UP, is back in the news.

Ajitesh, now son-in-law of BJP MLA Rajesh Mishra, and his friend were arrested on Saturday for allegedly thrashing a youth and snatching his cell phone after a minor road mishap in Prem Nagar area of Bareilly district.

Ajitesh is married to Sakshi, daughter of the MLA and the couple had eloped last year and got married.

According to police, the youth was on his way home after buying medicines for his friend's father when his bike hit Ajitesh's SUV. Ajitesh and his friend thrashed the youth and snatched his cell phone.

Police said Ajitesh and his friend Vaibhav Gangwar were booked under IPC section 394 (voluntarily causing hurt in committing robbery) and other relevant sections.

Both have been sent to jail.

The complainant Deepanshu Maheshwari said, "When I overtook Ajitesh's car, he chased and waylaid me in the middle of the road. Thereafter, he and his friend thrashed me and snatched my phone. SHO Balbir Singh and his team rescued me."

The SHO told reporters, "We checked CCTV footage and spoke to witnesses only to find that Ajitesh and his friend had thrashed the youth. A case was registered under relevant sections and both were sent to jail after being produced before a magistrate on Saturday. The youth has been admitted to a hospital and his condition is stable."

The BJP MLA, incidentally, had snapped all his ties with his daughter Sakshi after she eloped and married Ajitesh.

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