Soumya murder case: HC asks police to respond to convicts' appeals against conviction, sentence
New Delhi, Jan 23: The Delhi High Court on Tuesday asked the city police to respond to appeals filed by the four convicts handed down life imprisonment in the Soumya Vishwanathan murder case challenging their conviction and sentence.
A bench of Justices Suresh Kumar Kait and Manoj Jain issued notice to the police on the appeals by Ravi Kapoor, Amit Shukla, Baljeet Singh Malik and Ajay Kumar.
Vishwanathan, who worked with a leading English news channel, was shot dead in the early hours of September 30, 2008 on Nelson Mandela Marg in south Delhi while she was returning home from work in her car.
"Appeal admitted. Trial court record be requisitioned," the high court said.
The high court also asked the authorities to file a reply to the interim application moved by the convicts for suspension of their sentence.
The bench, which asked the jail authorities to submit the nominal roll on their conduct in prison, listed the interim application for hearing on February 12.
A special court had on November 26, 2023 awarded two life terms to Ravi Kapoor, Amit Shukla, Baljeet Malik and Ajay Kumar under Section 302 (murder) of the Indian Penal Code (IPC) and section 3(1)(i) (committing organised crime resulting in the death of any person) of the Maharashtra Control of Organised Crime Act (MCOCA). The court had made it clear that the sentences will run "consecutively".
The fifth convict, Ajay Sethi, was handed down three years of simple imprisonment under section 411 (dishonestly receiving stolen property) of the IPC.
It, however, set off the three-year sentence against the time Sethi had already served, noting he remained in custody for more than 14 years and underwent incarceration during the trial for offences under the IPC and MCOCA for conspiring to abet, aid, or knowingly facilitate organised crime and receiving proceeds of organised crime.
During the brief hearing in the high court on Tuesday, advocate Dimple, representing Kapoor, submitted he has been in custody for the last 14 years and nine months, and urged the court to suspend his sentence during the pendency of the appeal.
A similar prayer for suspension of sentence was also made by advocate Amit Kumar, who represented Shukla, Malik and Ajay Kumar.
While sentencing Kapoor, Shukla, Malik and Kumar to double life imprisonment, the trial court had also imposed a fine of Rs 1.25 lakh on each of them. It had imposed a fine of Rs 7.25 lakh on Sethi.
Recently, the high court denied parole to Kapoor considering the gravity of the offences committed by him.
Out of the four convicts, Kapoor, Shukla and Malik were also convicted of killing IT professional Jigisha Ghosh. The trio later confessed to police they were also behind Vishwanathan's murder, and the weapon used for killing her was recovered from their possession.
The Delhi Police had said the motive behind Vishwanathan's killing was robbery.
The trial court had awarded death penalty to Kapoor and Shukla and sentenced Malik to life imprisonment in the 2009 Jigisha Ghosh murder case. However, the death sentence was commuted to life imprisonment by the high court. The high court upheld Malik's life sentence.
According to the prosecution, Kapoor shot Vishwanathan with a country-made pistol while chasing her car to rob her. Shukla, Kumar and Malik were also with Kapoor.
Police recovered the car used in the murder from Sethi alias Chacha.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
