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
February 26,2020

Kota, Feb 26: At least 24 people died and four others sustained injuries as a private bus carrying a wedding party fell into a river on Kota–Dausa highway in Bundi district on Wednesday morning, police said.

The wedding party with 28 persons on board was headed to Sawai Madhopur from Kota early morning when the driver apparently lost balance of the bus while traversing a bridge near Papdi village under Lekhari police station limits, Lakheri Sub-Inspector Rajendra Kumar said.

The bus, subsequently, plunged into Mej river from the bridge that had no wall or railing, Kumar said.

Thirteen people died on the spot while 10 others succumbed to their injuries on way to hospital, he added.

The deaths include 11 men, 10 women and three children.

The injured were rushed to Lekhari government hospital from where the critically injured are being referred to a government hospital in Kota, the SI further said.

Most of the injured people were rescued with the help of locals in the village, he added.

Mej river is a tributary of the Chambal river in Rajasthan.

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News Network
July 22,2020

Thiruvananthapuram, Jul 22:An accused in a case registered under the Protection of Children from Sexual Offences (POCSO) Act jumped into the sea on Wednesday morning when he was taken for evidence collection at Kasaba in Kasargode district, police said.

Accused Mahesh was arrested following a complaint by his neighbour on Tuesday evening.

The police said that they took the accused to the seashore to collect evidence in the case when Mahesh jumped into the sea. Two police officials too jumped in after him to catch hold of him but could not locate Mahesh.

Later, swimmers were deployed to try and locate the missing man.

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Agencies
May 25,2020

Hyderabad, May 25: Indicating foul play in the death of nine people, including six of a family, whose bodies were fished out from a well near Warangal, a forensic expert on Sunday virtually ruled out suicide theory, saying it appeared seven of them had been dragged and thrown into the water body.

Mystery shrouded the death of nine people, including six of a family, whose bodies were found in a well, five of them on Friday and four on Thursday, on the outskirts of Warangal in Telangana.

Police stepped up the probe and forensic analysis was also underway in the case.

The forensic expert, who visited the crime scene as part of the investigation citing preliminary tests, said that the seven of nine people had scratch injuries and appeared to have been "dragged" and "thrown" into the well.

Forensic reports are expected in 10 days, the forensic expert told media on Sunday adding after examining the crime scene it appears that the deaths were not suicides.

"We have preserved all organs and the same were sent to forensic science laboratory (FSL) for examination... some two or three persons might have been involved in the crime. There are scratch injuries on the bodies," he said.

"It appears that they were thrown into the water... There were no injuries on the child's body. We are awaiting the forensic report (to ascertain) whether they were poisoned. It didn't appear as if they committed suicide," the expert, who performed the post-mortem said.

Police sources said at least two people were picked up for questioning.

Bodies of the head of the family, wife, daughter and three-year old grandson were found floating and fished out on Thursday.

On Friday morning, some bodies were seen floating following which police pumped out the water from the well and found others.

The 48-year old man had migrated from West Bengal over 20 years ago and had settled down here. His family had been staying in two rooms on the premises of the unit, police had earlier said.

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