Nov. 3
KUWAIT:
Appeal 'hearing' in Shamlan's death row case set for Jan 17
The Court of Appeals postponed until Jan 17, 2018 the hearing on the appeal
against the lower court's death penalty ruling on Abdul-Aziz Al- Shamlan who is
accused of running over, stabbing and murdering Turki Al- Enezi - a police
officer.
The Public Prosecution had earlier charged Al-Shamlan with 1st degree murder as
he intended to kill by running over several police officers who were manning a
security checkpoint.
The prosecution also charged him with publicly transgressing the authority of
HH the Amir, inciting people to join a group whose main agenda is to spread
ideologies which will shatter the prevailing system in the country, destroying
properties of others and resisting arrest.
(source: Arab Times)
INDIA:
HC sets aside death penalty for three of Dandupalya gang
The High Court on Friday set aside the death penalty awarded to 3 members of
the Dandupalya gang and acquitted another member as the charges of dacoity and
murder against them had not been proven.
However, the court sentenced all 3 to rigorous imprisonment for 10 years and
fined them 10,000 each as the charges of robbery had been proved. The 3 accused
are Venkatesh alias Chandra, Munikrishna alias Krishna and Nallathimma alias
Thimma. The 4th accused Lakshmamma was acquitted.
The division bench of Justice Ravi Malimath and Justice John Michael Cunha on
Friday said the 3 convicts are entitled to the benefit of set-off for the
period of detention, they have already undergone.
The convicts were lodged in Hindalaga Jail in Belagavi. They had filed appeals
in HC against the judgment of Special Court at Central Prison in Parappana
Agrahara in Bengaluru, which had awarded death penalty to them in 2010.
Meanwhile, the special court sent reference to the HC for confirmation of the
death penalty. After hearing the appeals, the division bench had reserved the
judgment on July 31, 2017.
The prosecution said: "The 4 accused persons on March 22, 2000, along with 3
other accused persons gained illegal entry into a house at Magadi Main Road in
Kamakshmipalya police station limits in Bengaluru, on the pretext of asking for
drinking water and smothered to death one Sudhamani (42) and her of robbed 4
golden bangles and Mangalasutra." They were arrested on January 31, 2001 on the
outskirts of Echanur village in Tiptur taluk of Tumakuru district.
"Except the proof of recovery of gold ornaments from the 3 accused, no other
evidence is produced by the prosecution to show that robbery and the murder
occurred at the same time. None of the ingredients of IPC section 396 (dacoity
with murder) was proven by the prosecution. No convincing evidence has been
offered to connect the accused to teh murder. 4th accused is entitled to be
acquitted outright as there is no evidence against even with regard to
robbery," the division bench said.
"It is unfortunate that the sessions judge has relied on the voluntary
statements of the accused to award death penalty. Therefore, death penalty
cannot be sustained," the bench said.
While urging the court to confirm the death penalty, the Special Public
Prosecutor submitted that necessary materials are produced before the trial
court to prove that the accused were the members of a notorious gang who were
facing trial in 111 cases on the similar charges. The accused have been
adopting a similar modus operandi in identifying the houses occupied by lonely
women and gaining entry therein on the pretext of asking for drinking water and
then killing them before robbing them.
(source: newindianexpress.com)
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