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Dead man sentenced to 3-month rigorous imprisonment

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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 16,2020

Five Bajrang Dal activists have been arrested for allegedly indulging in vandalism in the city on Valentines Day, police said.

They said about 10 to 15 activists on two wheelers vandalised a shop in Kattupalli area in Hyderabad on February 14.

They held aloft flags and raised slogans against celebration of Valentines Day and "created havoc" at different malls, a police press release said.

On receiving information, police rushed to a mall, but the Bajrang Dal activists escaped from the spot.

Five of them were later identified with the help of CCTV footage and arrested, police said.

The others too have been identified and efforts were on to nab them, police said.

Two cases have been registered against them under relevant sections of the Indian Penal Code on a complaint from shop owners, the release said.

 

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Agencies
July 17,2020

New Delhi, Jul 17: The first FIR against Volkswagen and Audi in India for installing cheat devices in their cars to misrepresent emissions has been filed in Noida.

The FIR was filed by Noida resident Aniljit Singh against the top officials of Volkswagen and Audi in India and their headquarters in Germany. These include Rahil Ansari, Brand Director, Audi India, Balbir Singh Dhillon, Head, Audi India, and Bram Schot, Chairman, Audi AG.

The FIR reviewed by media agency cites forgery, cheating and criminal conspiracy under various sections of the Indian Penal Code.

The complaint has cited the global emissions scandal where VW was found to be installing a cheat device in its cars, in the absence of which, the cars produced 10-40 times emissions beyond the permissible limits.

The complainant said that in 2018 he had purchased seven Audi cars worth crores of rupees. At the time of taking the delivery, the complainant said that he inquired if the cheat devices were installed in India and he was told by the company that they were not, as in India's emission norms were not as stringent and the country being a growing market for Audi, no such device was implanted.

The complaint said that the authorities in India observed that Audi cars' emissions for nitrogen oxide were 5-8 times the permissible limits and after the National Green Tribunal imposed a penalty of Rs 500 crore on VW, the complainant realised that he had been duped of his hard earned money.

He alleged that the accused persons had misrepresented the complainant by forging the documents and devices and caused wrongful gains to themselves and wrongful losses to the complainant. These officials had made wrong records to capture the market, with malafide intent and under a pre-planned conspiracy had induced and defrauded the complainant.

The accused persons are guilty of cheating the customers and have induced the complainant to part with hard earned money for sub-standard cars. The accused are also guilty of forging the documents on which they had sought various clearances.

The complainant has demanded that the allegations may be thoroughly investigated by a senior official.

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News Network
May 1,2020

Lucknow, May 1: Six members of a family were allegedly hacked to death by another family member over a property dispute in Gudauli village in the Banthra area on the outskirts of the city on Thursday, police said.

The accused, Ajay Singh (26), went to the local police station after committing the crime and surrendered, they added.

Singh allegedly had a heated argument with the family members over a property and attacked them with a sharp-edged weapon, the police said.

The accused allegedly killed his mother, father, elder brother, his wife and two children -- a son and a daughter -- they added.

The victims were identified as Amar (60), Ramsakhi (55), Arun (40), Ramdulari (35), Saurabh (7) and Sarika (2).

When asked, Commissioner of Police Sujeet Pandey said six members of a family were killed and the accused surrendered before the police.

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