The Hindu : High Court confirms life term for murder accused

Online edition of India's National Newspaper
Wednesday, Nov 26, 2003

Southern States

Southern States - Karnataka-Bangalore

High Court confirms life term for murder accused

By Our Staff Reporter

BANGALORE Nov. 25. The Karnataka High Court on Tuesday dismissed a petition filed by a woman from Belgaum and confirmed the sentence of life imprisonment passed on her by a lower court.

The petitioner, Malathi Bai of Gondulli Galli, Belgaum, had filed a petition challenging the order of the 1st Additional Sessions Judge of Belgaum convicting her under Section 302 to life imprisonment for murdering another woman and a fine of Rs. 2,000.

Malathi Bai had allegedly murdered Lakshmi Bai Sambrekar who had come to her house in connection with a marriage. After murdering her, Malathi had cut the body into pieces and after tying it up in a gunny bag thrown it behind a toilet. She had then taken gold ornaments weighing 3,999 gm. from Lakshmi.

Justice Padmaraj and Justice S.B. Majjage upheld the orders of the lower court and dismissed the petition filed by Malathi.

Tax on captive

power questioned

The Court on Tuesday ordered issue of notice to the State Government following a petition filed by Graphite India Limited. In its petition, the company stated that it had set up a captive power generation plant on December 31, 1997.

The Government had added a clause to the Karnataka Electricity Act of 1959 empowering it to tax captive power. An Ordinance to this effect was issued on December 16, 2003.

The company said the Government could levy tax on consumption and sale of electricity and not on power generation. It sought quashing of the Ordinance. Justice Rangavittalachar ordered issue of emergent notices to the Government.

Villagers' plea

The Court ordered issue of notices to the State Government following a petition by six villagers of Karkeshwara in N.R. Pura taluk of Chikmagalur district.

In their petition, the villagers stated that a temporary barrage had been constructed at Gubbaranahalla and it was the main source of water for irrigation for them.

The petitioners said Jerome D' Mello was using a pump to lift water from the barrage to his field, which was situated at an elevated place. This was causing a lot of inconvenience as others were finding it difficult to use the water and complaints to authorities had not yielded any result. They urged the Court to restrain Mr. D' Mello from pumping water.

Petition against SI

The Court on Tuesday ordered issue of notice to the police following a petition by Gopinath Rao of Kodandaramapuram in Malleswaram.

The petitioner said he had gone to Malleswaram Police Station to file a complaint about an accident, which occurred when he was driving his car in Bangalore.

The Inspector of Malleswaram Police Station, Vijay Kumar, abused and assaulted him, he alleged. Since he was injured in the assault, the petitioner got treated at K.C. General Hospital, Minto Hospital, and NIMHANS. He later went to the Malleswaram Police Station to file a complaint against the Inspector. The petitioner stated that he met the Commissioner of Police and sought action against the Inspector, but no action had been taken against the Inspector even after three months.

The petitioner prayed to the court to direct the State Government and the Commissioner of Police to initiate action against the Inspector and register an FIR on his complaint. Justice Rangavittalachar ordered issue of notice to the city police.

Forest produce harvest

The Court on Monday ordered issue of notice to the Chief Secretary, the Bangalore Rural District Deputy Commissioner, the Superintendent of Police (Bangalore Rural District) and others in a public interest petition by the Grama Aranya Samiti of Karlapura and Sonnenahalli in Hesarghatta hobli, Bangalore Rural district.

The samiti, in its petition, said that it had been constituted under the Central Forest Policy and that it had developed 203 acres and 14 guntas of land in survey no. 79 in the villages. A resident of Bangalore, Chinappa, had claimed that eight acres of the land developed by the samiti belonged to him. The person wanted to harvest the forest produce from this land. The samiti claimed that the documents produced by the person were fabricated and urged the court to restrain him from harvesting the forest produce. They prayed for a direction to the Bangalore Rural Deputy Commissioner to cancel the grant made in favour of Chinappa.

Chief Justice N.K. Jain and Justice V.G. Sabahit ordered issue of notice to several officials, including the Chief Secretary, Principal Chief Conservator of Forests (PCCF), the Principal Secretary (Revenue), the Deputy Commissioner and the Superintendent of Police.

Notice to APMC

The High Court on Monday ordered issue of notice to the Agriculture Produce Marketing Committee, Mandya, and several other respondents in a public interest petition filed by 10 residents of K.R. Pet in Mandya district.

In their petition before a Division Bench comprising Chief Justice N.K. Jain and Mr. Justice V.G. Sabahit, the petitioners said the APMC of K.R. Pet comprised 22 acres and 32 guntas of land. Of this, five acres had been given to the KSRTC, one acre and 11 guntas sold to the Sericulture Department, 11 guntas to the Postal Department, and one acre to the State Warehousing Corporation. They prayed to the court to quash the grant of land to the KSRTC as the land was needed by the APMC. The court adjourned the hearing of the petition.

NBFC's plea

The High Court on Monday ordered issue of notice to the Ministry of Finance, Government of India, following a petition filed by a non-banking finance company (NBFC).

The Managing Director of the company, Yashaswani Limited, stated in the petition that according to the RBI guidelines his company was to have refunded Rs. three crore to the depositors within three years after it was collected from the public.

The company said if it followed this rule its financial position would be severely affected as it had lent Rs. nine crore to depositors. The company had written several times to the Ministry of Finance seeking exemption from the rule and sought more time. On July 24, August 28, and on October 10, the Ministry of Finance rejected the request without assigning any valid reason.

Justice Rangavittalachar ordered issue of notice to the Ministry of Finance.

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