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
April 24,2020

Thane, Apr 24: A 34-year-old man was allegedly attacked on suspicion of being a COVID-19 patient and died after falling into a gutter during the assault in Kalyan town of Maharashtra's Thane district, police said on Friday.

The incident took place on Wednesday morning, when Ganesh Gupta had stepped out of his home to purchase some essentials amid the COVID-19 lockdown, an official said.

On noticing some policemen manning the street, the victim took an alternate route, where a few passersby assaulted him after he coughed while walking, he said.

The men suspected him of being a COVID-19 patient and attacked him, causing him to fall into a gutter and die, the official said.

The deceased's body was sent for post-mortem and a case of accidental death has been registered as of now, the station house officer of the Khadakpada police station said.

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Agencies
July 8,2020

Kanpur, Jul 8: The Special Task Force (STF) shot dead Amar Dubey in an encounter in Maudaha on Wednesday morning. Amar, a right hand man of gangster Vikas Dubey, who shot dead eight police personnel on Friday last, figured prominently in the list of wanted persons released by the Kanpur police on Tuesday.

He was a named accused in the massacre.

According to STF sources, the police team had received a tip off about Amar's presence in the district and when they tried to close in on him, the criminal opened fire on them, He was killed in retaliatory firing around 6.30.a.m,

Amar was reportedly heading towards the house of one of his relatives in Maudaha area.

"We asked him to surrender but he opened fire at us and was killed when we returned the fire," said an STF official.

Earlier, he had been hiding in Faridabad but moved out after police pressure increased there.

Amar Dubey was a trusted accomplice of Vikas Dubey and the police had announced a reward of Rs 25,000 on him after the Kanpur massacre.

Incidentally, reports claim that Vikas Dubey was also seen at a hotel in Faridabad on Tuesday night but fled before the police could close in on him.

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News Network
January 15,2020

New Delhi, Jan 15: The CBI has booked 17 individuals and companies, including three Mumbai-based senior Customs officials, for allegedly being part of a money laundering racket using over-invoiced import of diamonds worth more than Rs 156 crore, official said on Tuesday.

The case was referred to the CBI after a Directorate of Revenue Intelligence probe found alleged involvement of Customs officials in the conspiracy, they said.

The DRI probe had alleged that Hong Kong-based businessman Girish Kadel had imported rough diamonds from Switzerland to Hong Kong in the name of his four companies.

Kadel, who had business interests in India, had exported some of these diamonds to India through 14 consignments in the name of two companies Antique Exim Pvt Ltd and Tanman Jewels showing over-invoiced value of Rs 156.28 crore.

The DRI had found during revaluation that actual value of the consignment was Rs 1.03 crore instead of falsely declared value of Rs 156.28 crore, they said.

The Central Bureau of Investigation (CBI) has alleged that Kadel used Import Export Codes (IECs) of Antique Exim Private Ltd and Tanman Jewels through his aide Atul Paldecha for siphoning off the money outside India through import of over-valued diamonds, the officials said.

Rough diamonds were imported at "highly exaggerated value" to siphon off excess foreign exchange overseas to cover the differential cost of other imports and park money abroad for unlawful activities.

It is alleged that the then Commissioner APSC Mumbai, Vinay Brij Singh, influenced subordinate officers to give favourable report, they said.

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