[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

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)