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
March 28,2020

Hyderabad, Mar 28: Seven labourers from Karnataka were killed and four injured when the van in which they were travelling was hit by a truck near Pedda Golconda on the outskirts of the city late on Friday night, police said.

The deceased included two children. Of the 31 workers in the van, five died on the spot and two while undergoing treatment at a hospital, Assistant Commissioner of Traffic Vishwa Prasad said.
Four others were hospitalised and the condition of one of them is critical, he said, adding the other workers in the van escaped with minor injuries.

The workers were on their way back to their home town Raichur in Karnataka as the road project they were working in at Suryapet here was stalled due to the lockdown, Prasad said.

He said initital investigations revealed that the mango laden truck, which was on its way to Gujarat, was overspeeding.

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Agencies
June 10,2020

Thiruvananthapuram, Jun 10: The man who fled from the Medical College Hospital where he was undergoing treatment for COVID-19 committed suicide on Wednesday morning after being brought back. He used his bed sheet to hang himself from the ceiling.

Hailing from Anad near Nedumangadu, the man, who was undergoing treatment in the isolation room set up at KHRWS pay ward, escaped from the hospital and boarded two KSRTC buses to reach his home.

The Health Department had said the latest tests had returned negative and he was to be discharged on Wednesday. However, City Police Commissioner Balram Kumar Upadhyay had claimed that one more test result of the person was awaited.

The man was blocked by locals upon his arrival at Anad. He was later taken back to the hospital and the police had registered a case against him under the Kerala Public Health Act and Epidemic Diseases Ordinance.

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Agencies
July 2,2020

Tuticorin, Jul 2: The Crime Branch-Crime Investigation Department (CBCID) of Tamil Nadu police have arrested five policemen working in Sathankulam police station in Tuticorin district for the murder of P. Jeyaraj and his son J. Bennicks, officials said.

The CBCID also altered the first information report (FIR) registered on the death of Jeyaraj and Bennicks as a murder case from the earlier charge of suspicious death.

The five arrested policemen are: Inspector Sridhar, Sub-Inspectors Balakrishnan and Raghu Ganesh, Head Constable Murugan and Constable Muthuraj.

Ganesh was remanded to custody till July 16 on late Wednesday.

According to Inspector General CBCID Shankar, 12 teams have been formed to carry out the probe into the custodial death of father and son Jeyaraj and Bennicks.

Jeyaraj and Bennicks had been booked for not closing their mobile shop in time on June 19 by the Sathankulam police. They were sent to judicial custody and lodged in Kovilpatti jail on June 21.

Jeyaraj died on June 22 night and Bennicks on June 23 morning in judicial custody, allegedly due to the police torture.

The Madras High Court Bench in Madurai which took up the case suo moto had said there was prima facie evidence to register a murder case against the Sathankulam police officials.

The Kovilpatti Judicial Magistrate M.S. Bharathidasan who was asked to inquire into the case of brutal torture of AJeyaraj and his son Bennicks by the Sathankulam police on June 19 and their subsequent deaths had submitted is report to the High Court.

A woman police constable Revathy, at the Sathankulam police station, in her deposition before Bharathidasan had said that Jeyaraj and Bennicks were beaten with batons throughout the June 19 night.

According to Bharathidasan's report, Revathy also said the victims' blood stains were on the batons of the station police officials and on tables.

She said the batons and the tables should be secured so that the evidence is not lost, the report stated.

Expressing fear that she may be targeted later, Revathy was initially reluctant to sign a printout of her statement but later on being assured of her safety she signed the document.

The court also transferred the probe into the deaths of Jeyaraj and Bennicks to the Crime Branch Crime Investigation Department (CBCID) to gather and protect the evidence till the case is handed over to the Central Bureau of Investigation (CBI).

The High Court has initiated criminal contempt cases against three police officials - Additional Superintendent of Police Kumar, Deputy Superintendent of Police Prathapan and constable Maharajan - for their behaviour at the Sathankulam police station in front of Magistrate Bharathidasan.

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