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 16,2020

Gorakhpur, Feb 16: Two unidentified policemen allegedly raped a 20-year-old woman in a hotel room near a railway station in Uttar Pradesh's Gorakhpur.

The incident took place on Thursday after which the woman informed her family members. The FIR was registered in the matter on Friday, police said.

A case under various sections of the Indian Penal Code (IPC) including gang rape has been registered against two unidentified police men at the Gorakhnath police station, they said.

No arrests have been made so far in this connection, the police added.

Members of various political parties including Congress, Samajwadi Party, BSP and Purvanchal Sena staged a sit-in demonstration at the office of the district magistrate (DM) demanding suspension of all staff members of the Gorakhnath police station as well as a magisterial probe into the matter.

"The girl is undergoing treatment at the district hospital. She has made serious allegation of rape by two policemen. During investigation we found that the hotel has CCTV footage and also took the statement of guard," SSP Gorakhpur, Sunil Kumar Gupta said.

"Prima facie, the woman went to the hotel room willingly with some men. However, a probe is underway and culprits won't be spared," he said.

The woman told media that both the policemen thrashed her and accused her of being involved in prostitution.

She claimed that she requested them to leave her but they beat her and raped her. Later, they asked her to go home in an autorickshaw.

The survivor also told media and investigating policemen that she will be able to identify the hotel room where the crime took place as well as the two policemen who allegedly raped her.

The woman said she runs coaching classes at her home and her father is a labourer.

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News Network
June 2,2020

Pratapgarh, Jun 2: In a shocking incident, a young man was tied to a tree and set afire by the family of a woman with whom he was allegedly having an affair in Pratapgarh district of Uttar Pradesh late on Monday night.

The man, 25, was a resident of Bhujauni village under Fatanpur police station, and he died on the spot.

Enraged over the incident, his family members and local people turned violent and set two police vehicles on fire.

Additional forces were rushed in to control the situation that remains tense.

The body has been sent for post-mortem.

According to Superintendent of Police (SP), Pratapgarh, Abhishek Singh, "Some people barged into the house of Ambika Patel and dragged him away. They then tied Patel to a tree some distance away and set him on fire after sprinkling petrol on him. They fled immediately after." Agitated family members and villagers assembled at the site and set a 112 police response vehicle (PRV) and another police jeep on fire. They were demanding immediate arrest and action against the accused.

The official said that Patel's relatives claimed that he was having an affair with a woman from his village and this had resulted in many face-offs between the families.

Patel had reportedly shared a video clip of the woman on social media a few months ago further increasing tension between the families.

The woman's family members had registered a police complaint against Patel in this connection at the Fatanpur police station that led to his arrest. He was released from jail recently, police added.

The woman had been recently selected as a police constable and was posted to Kanpur.

The SP said that an FIR had been registered on the complaint of the victim's family and efforts were on to arrest the accused.

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News Network
June 6,2020

Kota (Rajasthan), Jun 6: A 14-year-old boy allegedly hanged himself to death on early Saturday morning shortly after he stopped playing PUBG throughout the night and went to sleep, said police. 

Railway Colony police station’s in-charge Hansraj Meena said the boy, a class 9 student and son of an Army man, was found hanging from the grill of the ventilator in his bedroom on early Saturday morning. 

Meena said according to the boy’s family members, the boy had downloaded the gaming programme on his mother’s mobile phone only three days back but had been playing the game virtually continuously for the last three days. 

He kept on playing the game till 3 am in a room in which his brother was studying, said Meena, adding the boy went to adjoining to sleep after that. His body was found hanging from the ventilator’s grill in the morning, he said, adding the boy was rushed to MBS Hospital, where he was declared “brought dead”. 

No suicide note was recovered in the case, the SHO said. The boy lived in Gandhi Colony in the city along with his mother and brother, while his father, a Tamil Nadu native and Army man, is currently posted in Arunachal Pradesh. The boy’s body has been kept in hospital’s morgue for the postmortem, the SHO said.

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