Three brothers have been sentenced to life imprisonment by a local court in connection with a murder case of 2014.
Additional District Sessions judge Ram Sudh Singh yesterday held Anees, Pappu and Muzammil guilty of killing Nazakat under section 302 of the IPC.
The court also imposed a fine of Rs 10,000 on the each of accused.
According to the prosecution, Nazakat was shot dead by the three men over a minor dispute in the Kidwai Nagar locality here on January 13, 2014.
The Delhi High Court has upheld the life imprisonment awarded to a man for repeatedly raping and sodomising his nine-year-old daughter, saying instead of protecting her, he had indulged in a “dehumanising act”.
The division bench held that the man does not deserve any leniency as he has violated the privacy and sanctity of his own daughter, who was of a tender age.
The court, which relied on the testimony of the child, said no ulterior motive was assigned to the child witness to make a false statement against her father and it was not an easy task for her to implicate him for the heinous offence.
It said she did not dare to lodge any complaint against him for long and suffered in silence.
The bench dismissed the man’s appeal challenging his conviction and sentence, saying the trial court judgment was based on fair appreciation of evidence and warranted no intervention.
“Regarding sentence, the man does not deserve any leniency. Being the father of the child of tender age, it was his duty to secure her welfare and to protect her from the evil eyes of others. Contrary to that, he himself indulged in a dehumanising act and violated the privacy and sanctity of his own daughter. Sentence order needs no modification,” Justices S P Garg and C Hari Shankar said.
The child, who was ravished several times by her father when her mother was not at home, did not inform her mother as she was threatened by him.
Later, when the girl’s teacher noticed injury marks on her body and inquired about it, she came to know that she was being physically abused by her father.
A complaint was lodged by the child’s mother with the police in 2012 and he was sentenced to life term in 2013.
During the trial, the man had denied his complicity in the crime and pleaded false implication.
The high court, however, said the man had not divulged as to what had forced the girl and her mother to level serious allegations of sexual assault against him.
“In the absence of any prior dispute or quarrel in the family, the child was not expected to involve her own father to bring herself in disrepute. Her statement is consistent throughout and her evidence inspires complete confidence,” it said.
Source : PTI
The Delhi High Court today commuted the death penalty awarded to two convicts in the 2009 Jigisha Ghosh murder case to life imprisonment.
A bench of Justices S Muralidhar and I S Mehta, however, upheld the life imprisonment awarded to the third convict by a trial court in the case.
“We commute death sentence awarded to two convicts to life imprisonment,” the bench said.
While convicts Ravi Kapoor and Amit Shukla were handed down death penalty by the trial court in 2016, the third offender Baljeet Malik was given reprieve from the gallows for his good conduct in jail and awarded life imprisonment for murder of the IT executive and other counts.
While sentencing the two to death, the trial court had said the 28-year-old woman was killed in a “cold-blooded, inhuman and cruel manner” and “brutally mauled to death”.
The police had claimed robbery was the motive behind the killing.
While seeking setting aside of the conviction and order on sentence for Shukla and Malik, their advocate Amit Kumar had contended before the HC that the trial court had committed error by awarding death penalty and life imprisonment to his clients respectively, simply on the basis of biased jail/ probation report about the both.
The Supreme Court has upheld the life term awarded to three persons for killing a Shiv Sena leader in Gujarat whose younger brother had married a woman from a minority community.
A bench of Justices P C Ghose and Ashok Bhushan said the homicidal death has been proven beyond all reasonable doubt with the recovery of the weapon which was a “sharp knife” and the high court order did not call for any interference.
“The fact that the accused had been identified and recovery made from accused no.1 has left no room for doubt that all the appellants were involved in the commission of the murder with the common object to do away the deceased…
“We are of the view that the present appeal is devoid of merits and we, therefore, do not find any reason to interfere with the order of the high court. Hence, the appeal is dismissed,” the bench said.
On July 4, 2009, five persons had barged into the house of Rameshbhai Prajapti, a taluka president of Shiv Sena when he was sleeping with his wife and children, and had assaulted him with the knife inflicting grievous injuries in his neck.
The whole incident was witnessed by Prajapati’s wife as she woke up after hearing the noise and saw the men escape from the spot.
The trial court in 2010 convicted four persons including Soyebbhai Yusufbhai Bharania who had led the group and awarded them life sentence while holding them guilty for murder and rioting. It has said that the younger brother of the victim had got married to a woman hailing from a particular community despite protest by the men.
The trial court, however, had given benefit of doubt to Umarbhai, one of the five men, and acquitted him.
The four convicts had challenged the verdict of the trial court in the Gujarat High Court which had upheld the life sentence given to three persons and acquitted one of them.
The apex court, while dismissing the appeals, said that in furtherance of the common intention to kill Prajapati, the men had entered his house and they were seen by his wife.
It said that since out of the five men, two were acquitted by the trial court and the high court respectively, the charge of unlawful assembly does not meet the pre-requisite condition of a minimum of five persons.
“In our view, albeit the murder is proved but the ingredients of the unlawful assembly remained elusive, as pre-requisite condition for an unlawful assembly i.e., minimum five persons, has not been met. Nevertheless, the common object has been proved by the prosecution,” it said
Source: PTI
A court here today sentenced former MLA Ranveer Yadav to life imprisonment in a murder case that dates back to 1988.
Additional District Judge Phool Singh also imposed on Yadav, an Independent MLA from Khagaria Assembly seat in 1990, a fine of Rs 50,000 after finding him guilty in the murder case of Sunil Yadav.
According to the prosecution, Yadav had shot at Sunil, wounding him critically at Chukti village under Beldaur police station in Khagaria district on December 6, 1988, following an argument between the two over grazing of goats.
Sunil succumbed to bullet injuries during treatment at Mokama Missionary Hospital in the state capital 11 days after the incident.
The police had lodged an FIR against Yadav on the basis of Sunil’s dying declaration on the day of the incident itself.
Two years later, in 1990, Yadav contested and won the Assembly polls as an Independent from Khagaria.
He then married two sisters — Poonam Devi Yadav and Krishna Yadav — and all three of them started living together.
While Yadav’s first wife Poonam is the JD(U) MLA from Khagaria, her younger sister Krishna contested and lost against LJP’s Mehboob Ali Kaiser from the Khagaria Lok Sabha seat in 2014.
( Source – PTI )
Madras High Court has upheld the life sentence awarded to a 31-year-old man in an acid attack case which caused the death of a woman in 2013, observing that the punishment imposed by a lower court was reasonable and proportionate.
Dismissing the appeal filed by accused Vijay Bhaskar, a division bench comprising justices S Nagamuthu and V Bharathidasan said the trial court order of 2015 was right in convicting the accused and sentencing him to life imprisonment as the prosecution has proved the case beyond all reasonable doubts.
According to prosecution, Bhaskar wanted to marry 21-year old Vidya and her family had sought three months time to conduct it.
Meanwhile, suspecting that she was in relationship with another person, he had attacked her with the acid at a computer centre where she worked on January 30, 2013.
Even as the victim ducked, the acid fell on her back and hands. The accused then rubbed her face on the floor where the acid had been spilt, leaving her seriously injured. Vidya died at a hospital about a month later.
The high court observed that the accused had poured acid on the woman and since it did not fall on her face, he rubbed her face against the acid spilt on the floor and also manhandled her.
Hence, the punishment imposed was reasonable and proportionate, the judges ruled upholding the Kancheepuram District Principal Sessions Court order sentencing him to life imprisonment.
Rejecting arguments of the accused’s counsel, the bench said, the dying declaration of the woman was recorded by the Metropolitan Magistrate based on the opinion of the doctor who had attended the deceased, stating that she was conscious and in a fit state of mind to give the statement.
The judicial dying declaration was in conformity with the statement recorded by the police, it observed and said, “The prosecution has clearly established that it was the accused who threw acid on the deceased which ultimately resulted in her death.”
( Source – PTI )
A Nalanda district court today sentenced two persons to life imprisonment in a case of acid attack 27 years ago.
Additional District and Sessions Judge-VI, Isratullah, convicted Ratan Singh and Tanik Singh and awarded life term to them.
The court also imposed Rs one lakh fine on each of them.
Another convict Brajdev Singh was awarded 10 years rigorous imprisonment in the case.
According to prosecution, the three had poured acid into the eyes of one Upendra Singh over some property dispute and the victim suffered permanent visual impairment.
The incident had taken place on August 29, 1989 at Jiyar village under Asthawan police station area.
The convicts were in judicial custody at the time of pronouncement of the order.
( Source – PTI )
Two persons were awarded life imprisonment by a local court in connection with a murder case of 2014.
Additional District and Sessions Judge Ajit Kumar Sinha held Shital Das and Ghanshyam Das guilty of murder under section of 302 and 34 of IPC.
Additional Public Prosecutor Anil Kumar Prasad said the duo were charged for killing Jitendra Singh of the same village with whom they had bad blood.
The duo called Singh from his home and made him drink liquor and later killed him with a sharp weapon.
The incident took place on August 19, 2014 in Chhtaipatti village.
( Source – PTI )
Retired armyman gets life for killing son.
A Delhi court sentenced to a retired armyman for imprisonment of life for killing his son when he was asked not to fight with victim’s mother.
Additional Sessions Judge Rajneesh Kumar Gupta handed down the jail term to Shish Ram (66) for killing his son, holding that the deceased was pursuing his father not to quarrel, but the convict shot him dead in a “cruel and unusual manner.”
According to the court, “From the evidence of prosecution witnesses (the accused wife and minor grandson), it is proved that the deceased was only pursuing the accused (Ram) not to quarrel and that there was no threat to him”
The court also told for imposed a fine of Rs 10,000 on the convict.
A Delhi court Tuesday sentenced Sukhdev Pehalwan, an accused in the 2002 Nitish Katara murder, to life imprisonment.
Additional Sessions Judge J.R. Aryan awarded life sentence to Pehalwan and imposed a fine of Rs.20,000 on him. The court July 6 held Pehalwan guilty of murder, abduction, destruction of evidence, conspiracy and common intention.
His trial was separated from that of the two other convicts, Vikas and Vishal Yadav, as he could not be arrested till 2005.”The case has been proved against you. That night, you were with Vikas and Vishal Yadav when the murder took place,” the court said at the time of his conviction.
The trial court in 2008 awarded rigorous life imprisonment to Vikas, son of Uttar Pradesh politician D.P. Yadav, and his cousin Vishal, for their role in the murder of Katara, a business executive and son of an Indian Administrative Service officer, for his proximity to their sister Bharti Yadav.
According to the prosecution, Pehalwan was present with co-convicts Vikas and Vishal in their car after they abducted Katara from a marriage function in Ghaziabad and killed him on the intervening night of Feb 16-17, 2002.The case was shifted to a Delhi court by the Supreme Court on the request of Nitish Katara’s family.
Pehalwan was declared a proclaimed offender before being arrested. He was charge-sheeted in April 2006.