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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Agencies
May 6,2020

A man posed as Superintendent of Police (SP), called up a subordinate police official and asked him to get his mobile phone repaired or face the consequences. But, his bluff was later called and the man landed in lockup.

Azamgarh SP Triveni Singh said the 23-year-old youth, Shubham Upadhyay, is the son of a farmer. He was preparing for competitive exams when his phone developed a snag on Saturday. He tried to reach out to local mechanics, but they were unavailable to fix it due to the lockdown.

Upadhyay used a free caller identification app to call up the in-charge of the Kotwali police station, K. K. Gupta, and threatened to shunt him out, if he failed to swiftly get the work done. Gupta grew suspicious and eventually caught the youth.

n his statement to the police, Shubham Upadhyay said, "On Sunday noon, I tried to breach the district borders to reach Lucknow to repair my phone, but since there was heavy police presence and barricading, I returned home. Later, I installed a free caller identification app in my handset and mentioned the name as SP Azamgarh and even uploaded a photo of the cop to appear genuine."

He first called SHO, Kotwali to get the phone repaired and was told the handset would be picked up from the SP office in an hour. Then, he called a businessman to bring his SUV and hand over his mobile to the SHO.

But when Upadhyay called the police again to suggest a separate meeting point, he raised suspicion. When the SHO tried to confirm the venue, Upadhyay got hesitant and said he would send a peon.

"I suddenly realised something was fishy and rang up the public relation officer of SP Azamgarh, who denied any such order from the SP. When the caller's number was scanned, it displayed the name of SP Azamgarh," said SHO Gupta.

A trap was laid and when the SHO reached the venue, he found one Praveen Shukla sitting in the vehicle. Police got the address of the accused from Shukla and reached Upadhyay's home in Bilariya locality and arrested him.

Upadhyay has been booked under IT Act and for threatening a public servant.

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Agencies
June 12,2020

The West Bengal government has suspended two women teachers in East Burdwan district on the charge of teaching pre-primary students from an English alphabet book consisting of a portion derogatory to the people with a dark complexion.

While presenting the alphabets with corresponding words and images, the book says U is for "Ugly". The illustration printed beside the letter is that of a boy with a dark complexion.

"The book is not part of the textbooks referred by the education department. It was introduced by the school itself. We have zero-tolerance for acts which instil prejudices into the minds of students," Education Minister Partha Chatterjee told reporters here on Thursday.

He said the two teachers of a local municipality-run school have been placed under suspension with immediate effect based on a preliminary investigation and stricter action would be taken against them later.

Though the school is now closed because of the lockdown, the matter came to light when the father of a student of the school was teaching him with the help of that book. He informed other parents and the education department was apprised of the issue, sources said.

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Agencies
May 27,2020

Mumbai, May 27: "Crime Patrol" actress Preksha Mehta has committed suicide. She was 25.

Preksha took her life by hanging from a ceiling fan on Monday night at her residence in Indore, Madhya Pradesh, reports timesofindia.com.

The actress reportedly left a suicide note but it does not mention why she decided to end her life. As per reports, Preksha went into depression due to lack of work amid the lockdown.

Her last few social media posts hint at mental agony she was going through. In her last Instagram story, Preksha wrote: "Sabse bura hota hai sapno ka mar jaana" (the worst thing is the death of your dreams)."

Apart from "Crime Patrol", Preksha has appeared in TV soaps like "Meri Durga" and "Laal Ishq".

This is the second suicide by a TV actor during the ongoing lockdown, when all shooting activity has come to a halt for two months now. A few days ago, actor Manmeet Grewal took his life by hanging from the ceiling fan at his Mumbai home. Reportedly, the actor was in a financial crisis and had run into huge debts.

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