Bombay HC upholds life sentence to man for murder of minor daughter

Bombay HC upholds life sentence to man for murder of minor daughter
Bombay HC upholds life sentence to man for murder of minor daughter

The Bombay High Court has upheld the conviction and life sentence awarded to a 29-year-old man for murdering his minor daughter, relying on the evidence of the victim’s mother who is an eye-witness.

A division bench headed by Justice V K Tahilramani recently dismissed an appeal filed by convict Mohammad Naim Nabi Khan challenging a sessions court order convicting him on murder charges and sentencing him to life imprisonment.

According to the prosecution, the accused and Jantunnisa got married in 2005 and had a baby girl, Ashraf Unnisa, in 2007. However, the accused doubted his wife’s character and claimed that the baby was not his and used to beat the child regularly.

On April 29, 2010, the accused beat the child for urinating near the door of their house and then used a thin rope to strangulate her. When Jantunnisa tried to intervene and stop him, Khan threatened his wife with a knife and said he would kill her too.

Jantunnisa later took her unconscious daughter to hospital where she was declared dead.

The high court while dismissing the appeal observed that Jantunnisa’s evidence is believable, reliable and trustworthy.

“Looking to the evidence on record, we are of the opinion that it was the appellant who committed the murder of Ashraf Unnisa. Thus, we find no merit in the appeal,” the court said.

( Source – PTI )

Life sentence awarded to four in murder case

Life sentence awarded to four in murder case
Life sentence awarded to four in murder case

A local court has awarded life sentence to four persons in a four-year-old murder case.

District Sessions Judge Vinod Kumar Yadav yesterday awarded life sentence to Aamir, Islam, Munna and Hakim for killing one Jalil on May 27, 2012 in Pure Kewal village in Lalganj area of the city.

The court also imposed fine of Rs 10 each on the convicts.

( Source – PTI )

Life sentence for two in murder case

Life sentence for two in murder case
Life sentence for two in murder case

Two persons have been sentenced for life by a local court for kidnapping and murdering a teenager in 2014.

The local court judge Sanjay Singh yesterday awarded life sentence to Salman and Sabir and imposed a fine of Rs 10,000 each on them.

17-year-old Faizan, a resident of Mardan Naka in the city, was returning after offering prayers on July 29, 2014 when he was kidnapped and murdered and his body was thrown in Ken river, additional government counsel Feran Singh said.

 

( Source – PTI )

HC upholds life sentence on man guilty of murder

The Bombay High Court has upheld the life sentence imposed on a resident of Sangli in a double murder case, after accepting the testimony of an eye witness.

Hearing an appeal filed by Janardhan Mali against his conviction, Mr Justice PD Kode and Mr Justice VK Tahilramani upheld his life sentence, saying that evidence adduced in the trial court corroborated with the version given by the eye witness.

“On going through the record, we find that there is sufficient evidence on record to show that the appellant had assaulted Sangita and Indubai with sword and caused their death. Thus, we find no merit in the appeal and hence it is dismissed,” according to the judges in their order last week.

The victims, Sangita Mane and her sister-in-law Indubai, were slain by Janardhan Mali on 20 July, 2007, when they had gone to a field with goats for grazing in Ghavali Shivar area at Upale Wangi in Sangli district.

Janardhan arrived at that place with a sword and struck a blow at Indubai who shouted and fell down. He then took on Sangita and hit her hard on the head. She too fell down asking “Why are you killing me, what harm have I done to you?”

Hearing this, Janardhan blurted out “In order to break relationship with me, you accused me of theft. There is no use in keeping you alive.” After committing the crime, he ran away.

The double murders were witnessed by Pandurang, who had also come there to graze his cattle and saw Janardhan hitting the duo with his sword.

The victims were taken to a hospital where they were declared dead.

The court observed that the blood on the sword was of ‘B’ group and this matched with the blood found on the clothes of both the deceased. “This shows that blood of the group of the deceased was found on the sword recovered at the instance of the appellant,” according to the judges.

The shirt of the appellant was also found stained with blood of ‘B’ group. He could not explain to the court how his shirt was soaked in blood of ‘B’ group.

The judges noted that the evidence suggested that the murders were committed by Janardhan and as such they confirmed the lower court order of 28 April, 2008, convicting the accused under section 302 IPC for the offence of murder.

“We are of the opinion that the appellant had caused death of Indubai and Sangita by causing them multiple injuries with sword,” the judges noted.

The conviction is mainly based on the evidence of Pandurang, the sole eye witness to the incident. Besides, the prosecution also relied upon the sword recovered at the instance of the appellant.

Bombay HC sets aside life term awarded by lower court in killing case

On the judgment of a lower court the Bombay High Court has quashed in which the lower court had awarded life sentence to a man in 2008 for killing his brother with a sickle over property dispute.

During the hearing of an appeal, the court found the appellant guilty of culpable homicide not amounting to murder under section 304 part I of Indian Penal Code and sentenced him to eight years imprisonment.

A division bench of Justices P D Kode and V K Tahilramani were of the opinion that the appellant Haridas Mahale had the intention to kill his brother and hence he dealt a heavy blow with a sickle to cause death.

This offence falls under section 304 part I of IPC, which takes into account the intention of the accused to kill a person, the judges noted in a recent order while sending the appellant to jail for eight years.

The court took into account the version of Lila, an eyewitness to the incident and sister-in-law of appellant Haridas Mahale.

HC quashes life sentence in murder case,gives 8 yrs to convict

Hearing an appeal, the Bombay high court has quashed and set aside a judgement of a lower court which had awarded life sentence to a man in 2008 for killing his brother with a sickle over property dispute.

Instead, the high court, found the appellant guilty of culpable homicide not amounting to murder under section 304 part I IPC and sentenced him to eight years imprisonment.

Justices PD Kode and Vijaya Tahilramani were of the opinion that the appellant Haridas Mahale had the intention to kill his brother and hence with a heavy blow he used a sickle to cause death.

This offence falls under section 304 part I of IPC which takes into account the intention of the accused to kill a person, the judges noted in a recent order while sending the appellant to jail for eight years.

The court took into account the version of Lila, an eye witness to the incident and sister-in-law of appellant Haridas Mahale.

Lila told the court that on April 30, 2006, Mahale, his brother Mohan and father came home for lunch. When Lila was in the kitchen, she heard her husband Mohan tell his brother Haridas that he would not give him any share from their property.

This infuriated Haridas and he went to the other room and brought a sickle with which he gave a blow to his brother behind his ear. Mohan suffered a deep injury in the brain and was taken to hospital where he passed away.

A police complaint was lodged against Haridas in Harsul police station in Nashik district. He was arrested and tried for murder. On July 30, 2008, the Nashik sessions court awarded him life imprisonment on charge of killing his brother.

 

PTI

HC gives benefit of doubt to 4; clears them of dacoity, murder

Granting benefit of doubt, the Bombay High Court has quashed the life sentence given to four watchmen of a plastic production unit for committing dacoity at the facility and murdering its owner eight years ago.

In a recent judgement, a bench of justices P V Hardas and A R Joshi, while acquitting the four, observed that the prosecution had miserably failed to establish the offence against the accused beyond reasonable doubt.

“In cases resting on circumstantial evidence, it is incumbent for the prosecution to prove each and every circumstance on which it proposes to rely. The circumstances, so proved, should be of incriminating nature and have a definite tendency of implicating the accused,” according to the bench.

The circumstances, so proved, should form a complete chain which should exclude every hypothesis of the innocence of the accused and unerringly point to his guilt. In other words, chain of circumstances should be so complete as to lead to an inference that it is the accused, and the accused alone, who has committed the offence, the Judges noted.

“In this case, we find that the prosecution has not been able to establish a complete chain of circumstantial evidence which would exclude every hypothesis of the innocence of the accused. The chain of circumstantial evidence falls short of leading to an inference that it is the accused who have committed the crime. In the circumstances, the appellants are entitled to be given the benefit of doubt,” they observed.

The HC allowed the appeals and quashed the conviction of Dharam Singh, Tejasingh Bahadur, Tulai Kalu Singh and Meenbahadur Singh, who were awarded life sentence by the trial court for committing dacoity at Jaisingh Plastic Industry in suburban Andheri and murdering their employer Jamnadas Jaisingh on August 4, 2004.

Jamnadas stayed on upper floor of the factory with his family. The Judges observed that Maya, the mentally challenged daughter of the deceased, who was in the house when the victim was found lying dead, was not examined as an eyewitness.

Also, she had not disclosed to police the names of the accused whom she knew as the watchmen of the business premises owned by her father, they further noted.

 

PTI

CP shootout case: apex court confirms cop’s life sentence

The Supreme Court Monday dismissed the appeal by former Delhi assistant commissioner of police (ACP) S.S. Rathi and others, undergoing life imprisonment for the killing of two people in a shootout in the capital’s Connaught Place area in 1997.

Two people, Jagjit Singh and Pardeep Goel, were killed and another was injured in a shootout led by then Delhi ACP S.S. Rathi on March 31, 1997.

The matter was initially investigated by Delhi Police, but later handed over to the Central Bureau of Investigation (CBI). Rathi and his three other associates were awarded life imprisonment by the special CBI court.

Their sentencing and conviction was upheld by the Delhi High Court, against which they appealed before the apex court.

Life sentence means freedom in India: Neelam Katara

Reacting to the Supreme Court’s verdict in the Priyadarshini Mattoo murder case, Neelam Katara, mother of another murder victim Nitish Katara, on Wednesday said life sentence in India “means freedom for the culprits”.

“I know how it feels to lose one’s child. Life sentence in our country means freedom for the culprits, soon they are out on bail,” Katara said.

Santosh Kumar Singh, son of a senior police officer, had been given death sentence by the Delhi High Court four years ago for the 1996 rape and murder of Priyadarshini Mattoo, his junior in Delhi University. The Supreme Court on Wednesday commuted it to life imprisonment.

Katara said: “I can understand the family’s disappointment. Murder in our country hasn’t remained the rarest of rare case because there are so many murders. There is a lacuna in our criminal justice system.”

Drawing parallels with her son’s case, she said: “I have got two prisoners out there on life sentence who are out on parole, making my life difficult.”

Katara’s son Nitish, a business executive, was murdered in 2002 by Uttar Pradesh politician D.P. Yadav’s son Vikas for being in a relationship with his sister, Bharti.

Both Vikas and his cousin Vishal were convicted in the case.