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
February 20,2020

Nagpur, Feb 19: The Central Bureau of Investigation said that it has arrested a former employee of Union Carbide Bhopal, who was absconding since 2016.

A senior CBI official said on Wednesday that the agency sleuths arrested S I Qureshi from Maharashtra’s Nagpur on Tuesday, who was convicted by a local court here in connection with the Bhopal gas tragedy case.

The official further said that he had been absconding since 2016.

He added that the convict would be produced in a district court.

On December 3, 1984, forty tonnes of methyl isocyanate leaked from the Union Carbide pesticide factory and settled over slums in Bhopal

A Bhopal court convicted eight people in 2010 to two years each in jail over the gas plant leak that killed thousands of people.

The eight convicted included the Chairman of the Indian arm of the Union Carbide (UCIL) Keshub Mahindra, Managing Director V P Gokhale, Vice-president Kishore Kamdar, Works Manager J Mukund, Production manager S P Chowdhury, Plant superintendent K V Shetty and Production Assistant Qureshi.

The CBI had taken over the Bhopal gas tragedy case on December 12, 1984.

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News Network
March 18,2020

Jaipur, Mar 18: Initially buried as per Islamic traditions, an unidentified man's body was exhumed and later cremated after he was found to be a Hindu in Rajasthan's Tonk district, police said.

The family members identified the body of Mahaveer Sahu on Tuesday, a day after the burial, as they stumbled upon photos of the deceased that had circulated on social media.

The man was brought to a government hospital by locals in an unconscious state on March 12 and he died on March 13, according to Purani Tonk police station SHO Shivlal.

The man was said to be a liquor addict and was found unconscious on the road, he added.

The body was kept at the mortuary for three days awaiting identification. Despite efforts to trace the next of kin, the identity could not be ascertained and members of Hindu and Muslim communities were brought in to take a decision, Shivlal said.

The community leaders presumed that he was a Muslim after examining the body and the burial took place as per Islamic funeral traditions on Monday, he added.

Meanwhile, Sahu's family members saw the photo of his body that had circulated on a WhatsAapp group and identified him later that day. They rushed to the hospital and then to the police station in the night where they were informed that the body had been buried.

“The body was exhumed with permission from the sub-divisional magistrate on Tuesday and handed over to the family members after proper identification. Members of the Muslim community led by an Imam were also present and gave in writing that they have no objection,” Shivlal said.

The body was later cremated by his family members.

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Agencies
January 6,2020

New Delhi, Jan 6: A blind student who is pursuing research in Jawaharlal Nehru University (JNU) was also attacked by the mob that perpetrated violence in the University yesterday.

"I thought that the mob which came yesterday would disperse after raising a few slogans but they indulged in violence. They were targeting ABVP students. They beat me with sticks and rods. When I went to the AIIMS Trauma Centre, I came to know that there are many other injured students there," Surya Prakash, the blind student pursuing research in the University told ANI.

"I talked to my family members. They are really worried about the situation here. I qualified in the National Eligibility Test (NET) last year but I want to study and hence I am continuing research in JNU. How can we do anything in this atmosphere of fear? I am receiving calls from anonymous numbers threatening me not to come in front of the media. They are saying that as I am blind, I would become the face of this case," he added.

Another PhD student, Santosh Bhagat recounted his experience.

"In the evening at around 7 pm, many masked men entered the hostel. They had rods and sticks in their hands. We tried to go out but the attackers had entered the premises by then. I locked my room from inside but the attackers broke the door and entered my room and attacked me. They pushed me from the first floor and I fell down and sustained an injury. Later, I took shelter at one of the Professor's flat. Later, I was taken to the AIIMS Trauma Cantre," Bhagat said.

On Sunday evening, more than 30 students of the university, including JNUSU President Aishe Ghosh, were injured and were taken to the AIIMS Trauma Centre after a masked mob entered the JNU and attacked them and professors with sticks and rods.

The JNU administration and political leaders, cutting across political lines, condemned the attack on students and urged the police to take action against the perpetrators.

Meanwhile, the situation remained tense but peaceful outside JNU on Monday morning as the university guards maintained a strict vigil at the gate, checking I-cards of all those entering the university.

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