Telangana High Court’s legal landscape: From sentencing to concerns and contempt
According to the prosecution, the family members of the Accused no.1 including women with deadly weapons went to the house of the victims at 6:15 am, attacked them and committed the ghastly act. The Sessions court had acquitted the accused for lack of evidence.
Hyderabad: The Telangana High Court on Thursday sentenced three persons to undergo life imprisonment in the sensational murder case that took place in Amberpet in 2010 wherein five persons were murdered in connection with a matrimonial dispute.
The division bench comprising Justice K. Lakshman and Justice Sreedevi were dealing with an appeal filed by the State government against the acquittal of the accused by the Ist Additional Metropolitan Sessions Judge Hyderabad in February 2012. The prosecution’s case was that Syed Jehangir and eight others had committed the ghastly murder of Syed Jehangir’s wife Neha while the other victims were the parents and two brothers of Neha.
Syed Jehangir and his brother Syed Kareem were mechanics and the other accused sentenced along with them was a bus driver. The marriage between the accused and his wife was in 2008. As disputes arose and multiple cases including dowry prohibition and maintenance case were filed.
During the pendency of the cases, Syed Jehangir’s mother died in an accident while attending the proceedings and his father subsequently expired due to depression. According to the prosecution, the family members of the Accused no.1 including women with deadly weapons went to the house of the victims at 6:15 am, attacked them and committed the ghastly act. The Sessions court had acquitted the accused for lack of evidence.
However, in the present appeal before the High Court, in an 82 page verdict, the bench observed that there was clear evidence that the accused came together to the house of the deceased and had committed the offence under section 302 IPC. The counsel of the accused stressed upon the requirement under law to not let sentimental and emotional feelings to ensure unbiased adjudication and also to protect innocent people from conviction. The counsel also pointed out that dying declaration was not taken. The bench observed that, as per Rule 33 of the Criminal Rules of Practice, the doctor has to confirm with regard to the condition of the injured before recording her declaration. He should obtain a certificate from the Medical Officer as to the mental condition of the declarant. It also observed that the deceased No.5 was not in a position to give her statement. The bench therefore did not concede with the accused contentions. On earlier occasion, the three accused persons were present before the court, the bench heard them on the quantum of punishment. The accused sought mercy, stating that there are dependants on them and small children to be taken care of. The bench granted four weeks to the accused to surrender before the Trial Court.
HC voices concern over rise in NDPS cases
Justice B. Vijaysen Reddy of Telangana High Court on Thursday expressed concern over a significant increase in the cases under Narcotic Drugs and Psychotropic Substance Act. The judge said the increasing drug menace would severely affect the city. He expressed dissatisfaction and reprimanded the Government Pleader, Prohibition and Excise for not providing necessary instructions. The judge then granted time till June 18 to get instructions from relevant authorities, failing which the Narcotics Department and the Central Bureau of Investigation would be directed to raid all the villas within the jurisdiction of Hyderabad, the judge warned. The Judge was dealing with a writ plea filed by Hari Govinda Khorana Reddy, an advocate challenging the inaction of Director Anti Narcotics Bureau TS NAB, the Commissioner of Police, the Special Operations Team (SOT) and others. The complaints were filed by the petitioner regarding the consumption of drugs at Indu Fortune Fields, 13, KPHB, Medchal Malkajgiri. The petitioners sought directions to consider the complaints and to investigate into the issue. The case was adjourned to June 19 for necessary instructions.
Sports Authority case: Orders reserved
The Telangana High Court on Thursday reserved for orders the case pertaining to non-release of pension and arrears that were withheld for 18 years by the Sports Authority. Justice S Nanda of Telangana High Court was dealing with a contempt case filed by K Dora Reddy against Shailaja Ramaiyer IAS, Vice Chairman and Managing Director of the authority. The court earlier had directed the Sports Authority to clear all the arrears, however the order was wilfully violated the petitioner complained to the court. The counsel for the Sports Authority pointed out the technicalities raised in a review petition. He further stated that the petitioner was guilty for misappropriation of funds and a GO was issued for the same. In response to the same, the petitioner’s counsel argued that the GO was issued after the issuance of Orders of the Court to release the pensionary benefits. The matter was reserved for orders.
