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
June 10,2020

Jun 10: In a suspected case of honor killing in Telangana, a 20-year old woman was allegedly smothered to death by her parents for being in love with a man from another caste, becoming pregnant and refusing to undergo an abortion, police said on Tuesday.

The parents killed their daughter using a pillow while she was asleep in the early hours of June 7 in their house in Kalukuntla in Jogulamba-Gadwal district and sought to project it as natural death, claiming she died of a heart attack.

However, following specific information and suspicion raised by the village secretary over the death of the woman, a college student, a probe was launched and the couple arrested on charges of murder under Indian Penal Code section 302 after post-mortem, police said.

The parents decided to kill the woman, the youngest of their three daughters, a day after she was found pregnant and refused to undergo an abortion, police said.

The woman had fallen in love with the man while pursuing her degree course in Kurnool district in neighboring Andhra Pradesh and informed her parents about it after she was found pregnant during an examination by a doctor. Her parents feared that their daughter may elope with her lover and brought pressure on her to go for abortion.

Though initially, she agreed, later she declined, following which they killed her and told everyone that their daughter died of heart attack, the police official said. When a police team went to their house and insisted on a post-mortem after noticing some marks on her body indicating a struggle, the parents tried to stop it, saying there was no need.

Later, police shifted the body to a hospital where a post-mortem revealed the woman was "throttled to death". Her parents during interrogation confessed to killing their daughter, the official said, adding they were arrested.

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Agencies
May 24,2020

Kanpur, May 24: Three persons onboard separate Shramik Special trains lost their lives due to various ailment, officials said here on Saturday.

"Family members of the deceased said all were suffering from serious ailment. The travel history of all the three deceased passengers was taken, Kanpur District Magistrate Brahma Deo Ram Tiwari said.

Giving details about the deceased, he said Naichinalyu Disang (23), a resident of Nagaland, was going from Delhi to Dimapur.

"She was suffering from liver ailments," Tiwari said. As she coughed and vomited in the train, other passengers got terrified, he added.

The district magistrate said the body reached Kanpur Central Station at around 10.00 am.

Sample has been taken to check for the presence of novel coronavirus. She was working at a spa in Himachal Pradesh, he said.

Tiwari said Rajendra Prasad (50), a resident of Unnao, died on the Lucknow-bound special train from Andhra Pradesh.

Munni Devi (80), a resident of Siwan district in Bihar, died onboard the special train going from Surat to Siwan, the senior official informed.

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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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