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Dead man sentenced to 3-month rigorous imprisonment

[email protected] (TNN)
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 10,2020

Mumbai, May 10: A 32-year old man, running a bakery here has been arrested for alleged promotion of products using a tagline that said his firm does not employ Muslims, police said on Sunday.

The man, who is also selling his products online had allegedly said "made by Jains on orders, no Muslim staff" for promotion purposes in his WhatApp group.

A complaint was lodged against him saying the words depicted Muslims in a bad light and Mambalam police registered a case and arrested him, a release said adding a probe was on.

Recently, a man was arrested in Mumbai after he allegedly refused to collect groceries he had ordered online since the delivery person was a Muslim.

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Agencies
January 21,2020

Tengnoupal, Jan 21: A woman IPS officer has alleged that a rifleman of Assam Rifles physically assaulted and molested her at a check post near Moreh town in Manipur's Tengnoupal district, police said on Tuesday.

Based on a written complaint of the IPS officer, an FIR has been registered against rifleman P K Pandey and a summon has been issued to him to appear before the concerned police station, the police said.

Manipur DGP L M Khaute told reporters on Monday, "We have made contacts with the Assam Rifles authorities. A complaint has been lodged by the officer." In her complaint, the IPS officer said that on reaching Khudengtabi check post on Sunday afternoon one of her escorts, who was not in uniform, told the frisking party of Assam Rifles to register their entry.

Despite showing their identity cards, the rifleman allegedly detained them, she said.

"We offered to search ourselves and the vehicle, but he was not interested", she said.

The rifleman began hitting the official vehicle and "misbehaved, humiliated, harassed and assaulted me and my escort personnel," she alleged.

The IPS officer also alleged that the rifleman molested her and when her escorts tried to intervene, he thrashed them.

She further accused the rifleman of making "sexually coloured" remarks against her, using abusive language and even tried to snatch her phone when she tried to call her senior officers.

The issue was brought under control after the matter was reported to the Brigadier of 26th Assam Rifles and the Major of the D-company of 12th AR, police said.

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