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
May 14,2020

Six migrant workers have been killed and five others seriously injured when a speeding bus ran over them on the Delhi-Saharanpur Highway near in Muzaffarnagar, officials said on Thursday.

The accused driver, who was suspected to be under the influence of alcohol, has been arrested, said SSP Abhishek Yadav.

The workers were going on foot to their homes in Bihar from Haryana when they were hit on the Delhi-Saharanpur Highway between Ghalili Check Post and Rohana Toll Plaza, about 20 km from here late last night, the official said.

The injured -- Sushil, Nathu Saini, Pawan Saini, Pramod and Ramji Rai --were rushed to hospital.

Two of the deceased were identified as Bijender, 25, and Harsh, 20. The rest were yet to be identified.

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News Network
June 7,2020

Bengaluru, Jun 7: A 27-year-old man was allegedly killed using deadly weapons by unidentified people here, police said.

The incident took place at deceased, Arvind's rented house in LBS Nagar inside HAL police station limits.

According to police, Arvind is an accused in a criminal case and recently walked out of jail on bail. 

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News Network
February 10,2020

New Delhi, Feb 10: A 44-year-old man allegedly killed his daughter and son before ending his life by jumping in front of a Delhi metro train at Haiderpur Badli Mor station on Sunday, police said.

No suicide note has been recovered, but police claimed that the man, Madhur Malani, was depressed since his sandpaper-manufacturing factory was closed some six months ago due to financial crunch leaving him jobless. Madhur's parents had been supporting his family financially since then.

He used to stay with his wife Rupali, daughter Samiksha (14) and six-year-old son Shraiyans at a rented house in northwest Delhi's Shalimar Bagh area, they said.

Rupali was not at home when Madhur strangled their children. He might have also smothered their daughter but the exact cause of death would be ascertained only after the post-mortem reports arrive, a police official said.

After killing his two children, he jumped in front of an approaching train at Haiderpur Badli Mor Metro station following which he was rushed to a hospital where doctors declared him 'brought dead', the official said.

Metro services on the Yellow Line were briefly delayed due to the incident.

"Delay in services from Samaypur Badli to GTB Nagar due to a passenger on track at Haiderpur Badli Mor," the Delhi Metro Rail Corporation (DMRC) tweeted.

After about 15 minutes, it again tweeted that normal services have been restored. The Delhi Metro's Yellow Line connects Samaypur Badli in Delhi to HUDA City Centre in Gurgaon.

The suicide was reported to the police around 5.40 pm while the Shalimar Bagh Police station received a call about the killings around 6.50 pm.

On reaching the house, police found bodies of the children lying in beds in two rooms. During enquiry, it was learnt that their father has left the house, a senior police officer said.

While police were trying to trace Madhur, they learnt about a suicide at the metro station. On verifying the details, it surfaced that Madhur committed suicide after killing his children, the officer said.

Rupali told police that she had gone to a nearby market around 3 pm and on returning home she found the bodies of her children while her husband was missing.

A case under relevant sections of the IPC has been registered and investigation was underway, Deputy Commissioner of Police (Northwest) Vijayanta Arya said.

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