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
January 28,2020

Nagpur, Jan 28: A 19-year-old woman was allegedly raped and an iron rod was inserted in her private parts by a man in the Pardi area here, police said on Monday.

The gruesome incident took place on January 21 and the accused, Yogilal Rahangdale (52), was arrested from Gondia district, they said.

The accused was working as a supervisor in a spinning mill where the woman was employed as a labourer, the police said.

The woman, her brother, the accused and another girl lived in rented accommodations in Pardi.

Inspector Sunil Chavan of the Pardi police station said that the woman's brother and her female friend had gone to their village on January 21 for some work.

As the woman was alone at home, Rahangdale attempted to rape her in the night. When she resisted, he stuffed a piece of cloth in her mouth, he said.

When she fell unconscious, the accused raped her and inserted an iron rod in her private parts, Chavan said, quoting from the complaint filed by the victim.

She narrated the incident to her brother on January 24 and they subsequently lodged a complaint with the police.

An offence was registered against the accused at the Pardi police station.

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News Network
May 26,2020

Warangal, May 26: A 26-year-old man from Bihar was arrested here for murdering nine people by throwing them into a well to cover the murder of a woman, police said on Monday.

Dr Ravinder, Commissioner of Police (CP), Warangal, said that the bodies were recovered on May 21 and May 22 from the well. Investigation has revealed that the accused, Sanjay Kumar Yadav, killed all of them to cover up the murder of Rafiqa, with whom he had a relationship.

He said that Yadav got acquainted with a person named Maqsood and his sister-in-law Rafiqa. "Slowly, he came close to Rafiqa and started living together with her three children. Yadav tried to misbehave with Rafiqa's 15-year-old daughter. Rafiqa did not like this and threatened to lodge a complaint against him," Ravinder said.

"Then, Yadav planned to kill Rafiqa in order to live with her daughter. Yadav promised Rafiqa to marry. They boarded a train to West Bengal from March 7. Yadav mixed sleeping tablets in the food packet and later strangulated her, and threw her body outside the train," he said.

According to police, Yadav later came back to Warangal but Maqsood's wife Nisha started questioning him about the whereabouts of Rafiqa.

"Nisha threatened to lodge a police complaint against him. With a premeditated motive, from May 16 to May 20, he visited Maqsood's family who stayed in a gunny bag factory," he said.

Yadav purchased sleeping pills from Warangal and mixed in the food on the birthday of Maqsood's elder son on May 20, police said.

"Maqsood and his five family members were living there. Yadav mixed sleeping pills in the food and later they consumed it. Maqsood's family friend Shakeel was also there. Then, he went to the first floor of the factory where two labourers were staying. He mixed sleeping pills in their food too. He suspected that they may get up and create a problem. To cover up the murder of Rafiqa, he killed nine people," Ravinder said.

At around 12:30 am, Yadav woke up and saw that everyone is asleep, according to police.

"Then, he used the gunny bags to drag all the nine people into the well. He threw the gunny bag one by one into the well," Ravinder said.

According to the police, six teams were deployed to investigate the case.

"Yadav has been arrested now and will be taken to police custody. We will collect all evidence and ensure that he gets maximum punishment for this offence," Ravinder said.

 

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abdullah
 - 
Thursday, 4 Jun 2020

Yadav will be released by court saying that he is mentally sick and he did not kill 10 people intentionally.  

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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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