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
April 24,2020

Thane, Apr 24: A 34-year-old man was allegedly attacked on suspicion of being a COVID-19 patient and died after falling into a gutter during the assault in Kalyan town of Maharashtra's Thane district, police said on Friday.

The incident took place on Wednesday morning, when Ganesh Gupta had stepped out of his home to purchase some essentials amid the COVID-19 lockdown, an official said.

On noticing some policemen manning the street, the victim took an alternate route, where a few passersby assaulted him after he coughed while walking, he said.

The men suspected him of being a COVID-19 patient and attacked him, causing him to fall into a gutter and die, the official said.

The deceased's body was sent for post-mortem and a case of accidental death has been registered as of now, the station house officer of the Khadakpada police station said.

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Agencies
January 9,2020

Bareilly, Jan 9: In a bizarre development, a woman has been arrested for inflicting 101 cuts on her sister-in-law in Uttar Pradesh's Bareilly district, the police said on Thursday.

The woman was practicing exorcism to cure her father who had been ailing for some time.

The woman, Moni, was helped by her husband Mooli and brother Raju in the act, which happened on Tuesday.

The sister-in-law Renu who suffered the cuts, was given 300 stitches on her face and other parts of the body by the doctors.

Renu has been admitted to the Intensive Care Unit (ICU) where her condition is said to be serious.

Moni, 30, has been sent to jail while Mooli and Raju are absconding.

Baradari police station officer inspector Naresh Tyagi said that a complaint had been filed by Renu's brother under section 307 (attempt to murder) of IPC.

"We will record Renu's statements in a day or two once she is stable and in a condition to talk to us. We have sent Moni to jail," the inspector said.

Renu, a resident of Ganghora village in Bareilly, was married to Sanjeev around eight years ago.

Her father-in-law, Jagdish, fell ill a few months ago.

"Accused Moni, who practices exorcism, decided to cure her father by initiating the act. Going by superstitious beliefs, they inflicted as many as 101 cuts on Renu's face and body. It cannot be ruled out that they wanted to sacrifice her to complete the act," police inspector said.

On Tuesday night, the accused had locked Renu's husband and mother-in-law in another room when they tried to stop them from making her a scapegoat.

When the accused trio started inflicting cuts on Renu, she struggled to get out of their clutches and somehow managed to escape from the house.

She had run a short distance when she collapsed and became unconscious. A police constable on patrol reportedly spotted her and she was taken to a district hospital. Once regaining her consciousness, she narrated her ordeal to the police who then informed her parents.

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News Network
May 19,2020

Bareilly (UP), May 19: Samajwadi leader Chhotelal Diwakar and his son, Sunil Diwakar, were shot dead in broad daylight in Sambhal district of Uttar Pradesh on Tuesday. The entire incident was caught on camera.

The murder was apparently a fallout of a dispute over laying of a road under MGNREGA.

Chhotelal Diwakar had contested the 2017 assembly elections on a Samajwadi Party ticket.

Superintendent of Police, (SP), Sambhal, Yamuna Prasad, said, "Some work was being carried out under MGNREGA due to which some dispute happened. Two people have been shot dead. We will reach the spot of the incident to find more details."

According to his family members, Diwakar and his son had gone for a walk in the fields when the assailants came on a motorbike and after a brief altercation, shot them dead. They fled on foot, leaving their motorbike behind.

A large number of SP workers reached the village soon after the news of the double murder spread.

SP Yamuna Prasad who reached the spot that falls under Behjoi police station, soon after the murders, said that a manhunt has been launched for the assailants. He said that further investigations were underway and the bodies have been sent for post mortem.

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