#• Lathi Attack

[seemabhatnagar]

Supreme Court Distinguishes Between Murder and Culpable Homicide in Man Bahadur Singh Case

The Supreme Court's judgment underscores the nuanced distinction between murder and culpable homicide not amounting to murder. By applying Exception 4 of Section 300 IPC, the Court acknowledged the spontaneous and unpremeditated nature of the incident, thereby delivering a just and appropriate verdict.

Man Bahadur Singh & Ors v. The State of UP

Crl. Appeal 2209/2024

Before the Supreme Court of India

Heard by Hon'ble Mr. Justice Sudhanshu Dhulia J & Hon'ble Mr. Justice Ahsanuddin Amanullah J

Facts of the Case:

On April 19, 1984, at around 2:00 pm, a fight broke out between children from two families over mangoes. This minor scuffle escalated when the adults got involved, leading to an altercation between the families.

During the fight, the appellants, armed with lathis (wooden sticks), attacked Vishwanath Singh, the father of one of the children involved. Vishwanath sustained severe injuries and was transported to a hospital in Gonda by bullock cart, where he was declared dead.

The postmortem report indicated five antemortem injuries on Vishwanath Singh's body, with injuries on the head being fatal:

Two lacerated wounds on the head caused skull fractures.

Additional abrasions on the forearm and leg.

Multiple eyewitnesses, including an injured witness, corroborated the sequence of events leading to Vishwanath Singh's death. Their testimony was consistent and reliable, establishing the appellants' involvement in causing the injuries that led to the death.

Legal Proceedings:

Trial Court: The III-Additional Sessions Judge, Gonda, convicted the appellants under Sections 302/147/149/323 of the Indian Penal Code (IPC), sentencing them to life imprisonment.

High Court: On appeal, the High Court upheld the convictions and sentences for the surviving three appellants (Man Bahadur Singh, Bharat Singh, and Bhanu Pratap Singh).

Supreme Court's Analysis and Decision:

The Supreme Court focused on whether the case constituted murder or culpable homicide not amounting to murder under the provisions of the IPC. The key distinction lay in whether the act fell under Exception 4 of Section 300 IPC:

Exception 4 of Section 300 IPC:

"Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner."

Points Considered:

Lack of Premeditation: The Court noted that the incident was not pre-planned. It stemmed from a spontaneous quarrel over children fighting for mangoes.

Nature of the Fight: The altercation was a sudden fight in the heat of passion, not a calculated or deliberate act to commit murder.

Weapon Used: The weapon involved was a lathi, typically not considered inherently deadly.

Nature of Injuries: The fatal injuries were caused during the heat of the moment, without any undue advantage or cruelty on the part of the appellants.

Judgment: As such this is a case of Culpable homicide not amounting to murder.

By applying Exception 4 of Section 300 IPC, the Court acknowledged the spontaneous and unpremeditated nature of the incident, thereby delivering a just and appropriate verdict.

Seema Bhatnagar

[adbanaoapp-india]

Shaheed Diwas: Remembering the Martyrs of India���s Freedom Struggle

Show your respect to India’s freedom fighters on this special day with AdBanao App. Read the special blog about Shaheed Bhagat Singh, Sukhdev, and Rajguru Ji.

Shaheed Diwas: Remembering the Martyrs of India’s Freedom Struggle

On 23rd March every year, India observes Shaheed Diwas, or Martyrs’ Day to pay homage to the three young revolutionaries who sacrificed their lives for the cause of India’s independence.

Bhagat Singh, Sukhdev Thapar, and Shivaram Rajguru were hanged to death by the British government on this day in 1931, after being convicted for the assassination of a British police officer in Lahore.

Their courage, patriotism, and sacrifice inspired millions of Indians to join the freedom movement and fight against the oppressive colonial rule.

Brief Story of Bhagat Singh, Sukhdev, and Rajguru.

Bhagat Singh was born on 28th September 1907 in a Sikh family in Punjab. He was influenced by his family’s involvement in the Gadar movement and the revolutionary activities of Kartar Singh Sarabha and Rash Behari Bose.

He joined the Naujawan Bharat Sabha, a youth organization founded by Lala Lajpat Rai, and later became a member of the Hindustan Socialist Republican Association (HSRA), a radical group that aimed to overthrow British rule through armed struggle.

Sukhdev Thapar was born on 15th May 1907 in Ludhiana, Punjab. He was also a student of the National College in Lahore, where he met Bhagat Singh and Yashpal.

He was an active member of the Naujawan Bharat Sabha and the HSRA and was involved in various revolutionary activities such as distributing pamphlets, organizing meetings, and collecting funds.

Shivaram Rajguru was born on 24th August 1908 in Khed, Maharashtra. He was a devout Hindu and a follower of the Arya Samaj.

The trio became famous for their daring attack on the British police officer John Saunders on 17th December 1928, in retaliation for the death of Lala Lajpat Rai, who was injured in a lathi charge ordered by another officer, James Scott. Bhagat Singh and Rajguru shot Saunders dead, while Sukhdev and Chandra Shekhar Azad provided cover. They then escaped from the scene and went into hiding.

On 8th April 1929, Bhagat Singh and another HSRA member, Batukeshwar Dutt, threw two bombs and leaflets inside the Central Legislative Assembly in Delhi, to protest against the repressive laws enacted by the British. They did not intend to harm anyone, but to make the deaf hear. They surrendered after the bombing and were arrested along with other HSRA members.

The trial of the Lahore Conspiracy Case, as it came to be known, lasted for two years. During this period, Bhagat Singh, Sukhdev, and Rajguru, along with other prisoners, went on a hunger strike to demand better treatment and equal rights for Indian political prisoners. They also used the court as a platform to propagate their revolutionary ideology and expose the injustice of British rule.

Download special Shaheed Diwas Posters, videos, trending reels, free statuses, audio jingles, WhatsApp stickers, and much more.

Read the full blog here.

[creative-pens]

Student dies by suicide at NIT-Silchar, 40 injured in police lathi charge as protest turns violent 

The victim's classmates claimed that the Dean of Academics BK Roy insulted the victim who got six backlogs in his first-semester examination, which was held online in 2021 because of the pandemic.

GUWAHATI: A third-year student of NIT-Silchar allegedly died by suicide on the campus on Friday evening.

The body of the student, a native of Arunachal Pradesh, was found hanging in his hostel room.

Following this, his disconsolate classmates stopped the police from taking down the body alleging that he was forced to resort to the extreme step following actions of the college authority.

Two hours later, as the police managed to send the body for post-mortem examination, the students began a demonstration in front of the Dean of Academics BK Roy’s official residence on the campus.

They alleged that Roy had insulted the victim who got six backlogs in his first-semester examination, which was held online in 2021 because of the pandemic.

Due to the lockdown, he was at home and failed to attend the online classes. The backlog was the result of a lack of internet connectivity, they said.

The student had appealed to the authorities to conduct a special examination so that he could clear the backlogs but Roy allegedly insulted him.

Following this incident, he locked himself in his room and chose to end his life, they said.

The protest over the death escalated, and the students allegedly vandalized Roy’s residence, Cachar’s Superintendent of Police Numal Mahatta said.

“They attacked the police and other officials as well. At one point, we had to lathi charge to control the situation. We are now investigating the matter,” he said.

In the lathi charge, 40 students were injured and they were sent to Silchar Medical College and Hospital (SMCH) for treatment.

The conditions of some of the students are stated to be critical, officials said.

NIT-Silchar director Dilip Kumar Baidya said he has sympathy for the student who died, but he had a poor academic record.

Cachar’s District Commissioner Rohan Kumar Jha visited the campus and formed a committee that will investigate the incident.

The students, however, said that they would continue their protest in a democratic manner.

“Our classmate died because of the wrong decisions of the authorities, we’ll continue our protest till justice is served,” said one of the protesters.

A large police contingent was deployed at the campus, along with one company of the CRPF, the SP said.

[gadgetsforusesblog]

Click to read # Police lathi water cannon hit, now bees are attacking sarpanches. Bees attack Sarpanchs during protest in Panchkula

In Panchkula, bees attacked during the ongoing protest of the sarpanches and the situation turned serious. Bee (symbolic image) Chandigarh. Haryana In e tender Wednesday after talks with the state government fell through head sat down to protest. The police will be present on Wednesday to quell the protest lahi charge Had also done and discharged water from the water cannon. Bees attacked this…

[anantradingpvtltd]

Price: [price_with_discount] (as of [price_update_date] - Details) [ad_1] Gulaab Gang (2014) is directed by Soumik Sen. Renowned actress Madhuri Dixit plays the protagonist of the film and Juhi Chawla plays the role of an antagonist for the first time. Juhi Chawla's performance received critical acclaim, calling it her best performance so far. It was released in 2014. Conceptualised and written by Anubhav Sinha and Soumik Sen, Gulaab Gang (2014) was made on a budget of 12 crore INR. The movie is inspired by the life of Sampat Pal Devi. Madhuri was trained in martial art forms for the movie. The movie is about an army of rural women wearing pink saris who fight against the injustice of the powerful authority in the village. The army is led by Madhuri Dixit (Rajjo). These women are trained to attack and fight with Lathis (sticks). Be it ordinary men, policemen, or those having connections with the politicians, The Gulaab Gang spares no one. The Gang is the protector of the innocent villagers and they trust the gang more than the law. A hostile issue emerges between Juhi Chawla's character Sumitra Devi, who is a politician looking forward to winning the upcoming elections and Madhuri Dixit's character Rajjo, who is competing against her with the sole motive of doing good for the people. With power, police and money on Sumitra's side, will Rajjo succeed in winning this battle? Gulaab Gang (2014) is available in DVD format and has been rated U (Universal). It was released in 2014 in Hindi language with English subtitles. Times Music is the studio associated with the movie. It has a run time of about 139 minutes. Rated ‏ : ‎ U (Universal) Language ‏ : ‎ Hindi Package Dimensions ‏ : ‎ 19 x 13.6 x 1.4 cm; 80 Grams Director ‏ : ‎ Soumik Sen Media Format ‏ : ‎ DVD Run time ‏ : ‎ 2 hours and 19 minutes Release date ‏ : ‎ 29 April 2014 Actors ‏ : ‎ Madhuri Dixit Nene, Juhi Chawla, Divya Jagdale, Priyanka Bose, Tannishtha Chatterjee Dubbed: ‏ : ‎ Hindi Subtitles: ‏ : ‎ English Studio ‏ : ‎ Times Music ASIN ‏ : ‎ B00JW7JOSG Country of Origin ‏ : ‎ India Number of discs ‏

: ‎ 1 Manufacturer ‏ : ‎ Times Music Item Weight ‏ : ‎ 80 g [ad_2]

[hellorubalsolutions]

My tribute to the great freedom fighter Shri #lalalajpatrai Ji on his birth anniversary. #lalalajpatrai died of a heart attack after he suffered severe injuries during a police lathi-charge while protesting against the arrival of Simon Commission in 1928. Rai made the slogan 'Simon, go back!' famous during the Independence movement.🙏 Tribute to a great freedom fighter #LalaLajpatRai on his birth anniversary - He was popularly known as Punjab Kesari. - He was one 3rd of #LalBalPal triumvirate. - He was associated with activities of #PunjabNationalBank. His books: - Arya Samaj - Unhappy India - Young India (at India) https://www.instagram.com/p/Cn8fzEMPXT-/?igshid=NGJjMDIxMWI=

[kupwaratimes-fan]

Unsound Person Kills 3 People, Injure As Many Others With 'Lathi' In Anantnag

Unsound Person Kills 3 People, Injure As Many Others With ‘Lathi’ In Anantnag

Unsound Person Kills 3 People, Injure As Many Others With ‘Lathi’ In Anantnag Waris Shah Anantnag, Dec 23: A woman was among three persons killed and atleast as many persons were injured after an alleged mentally unsound person attacked them with a lathi in South Kashmir’s Anantnag district on Friday. A top police officer said that the incident took place at Ashmuqam area of the district. He said…

[thedailyexcelsior]

Anantnag: 6 Person Attacked By "Unsound" Person, Woman Among two Die

Anantnag: 6 Person Attacked By “Unsound” Person, Woman Among two Die

A woman was among two persons killed and at least four persons were injured after an alleged mentally unsound person attacked them with a Lathi in South Kashmir’s Anantnag district on Friday.

[dailynews9]

Yadav family follows new variants of ' Samajwadi ': Yogi

Yadav family follows new variants of ‘ Samajwadi ‘: Yogi

Agra: In a frontal attack on the Samajwadi Party ahead of the Mainpuri Lok Sabha by-poll, Uttar Pradesh chief minister Yogi Adityanath on Friday accused the Yadav family of following new variants of socialism. Shivpal Yadav followed lathait Samajwadi ‘ (lathi-wielding socialism ), Ramgopal Ya day the ” capitalist ” version, and SP chief Akhilesh Yadav the socialism of the ” opportunistic ” kind,…

[bauliya]

The next morning, Safeer’s body returned to Topa Peer. Zainab fainted on seeing him, specifically the deep gash across his forehead from the post-mortem that the army had hurriedly conducted. She fainted repeatedly over the next few days. “They returned his body, mutilated with multiple fractures and a broken neck,” she told me. Noor was shaking when he described the body. “His arms, hand and feet had electrocution burn marks, and much of his body had protrusions from where he was beaten with rods and lathis.” When I reached their home, Amar, who was still young enough to mistake the words for father and uncle, was running around in circles shouting “Army ne chacha kaat ta”—the army cut uncle up.

…

On 22 December, 25 men were picked up from several villages in Rajouri and Poonch districts, and taken to three different army posts, where they were severely tortured. Three of them died. In a video from one of the torture sites, a man is clearly heard saying “Commander sahib bol raha hai koi pehchan kiya” —the commander is asking if anyone has been identified. The video— likely taken by one of the soldiers or police o"cers in the torture room —suggests that the torture and murders were not merely soldiers taking revenge on locals following the militant attack, as was initially reported, but a coordinated operation.

…

In January 2018, an eight-year-old Bakkerwal girl was raped and murdered by six Hindu men, including Hindu police officials. Protests in support of the accused were attended by two BJP ministers, and the Hindus of Jammu initiated a social boycott of the Bakkerwals. “This began the alienation of the community,” the former commander told me. Following several militant attacks since then, large groups of Gujjar and Bakkerwal men have been rounded up by the army, while others have been killed in custody. In July 2020, RR personnel killed three migrant labourers—including a minor—from Rajouri district, near the village of Amshipora, in the Kashmir Valley. The army initially claimed they were militants, but, after their bodies were exhumed, a police chargesheet said that a captain had killed the civilians to earn a promised reward for eliminating militants.

…

Following a major militant attack, both the army leadership and soldiers are expected to show that the situation has been dealt with. This can involve killing civilians who they can claim were militants. “The measure of achievement during a posting of an o"cer is ‘killing somebody,’ and they have to show how many they’ve killed and how many are still roaming,” a retired general, who had been posted in Kashmir, told me. “Add to this the ‘never say no’ culture of the army, and o"cers ... pounce upon these helpless civilians for commendations, medals and promotions.”

The situation is even worse for informers. “Often the informers are under pressure to give some kind of intelligence input in the aftermath of an attack,” a retired military intelligence o"cer told me. “The retaliation is often triggered when they can’t give information like who gave them shelter, who tipped o! the militants, who fed them, et cetera.” Other informers have been killed simply for asking for their unpaid dues. A local police o"cial told me of a father-son duo whom the army killed years ago. “They worked as informers for them, and, soon, the concerned officials had huge amounts to pay them against tasks they had done,” he said. “First the father was eliminated. Then the son was asked to carry out some tasks across the border if he wanted the dues to be paid.” The son disappeared soon after. “They won’t let anybody quit, and the ones who do are killed.”

Excerpts from the article. This is an unpaywalled link to internet archive and you’ll probably have to download but please read it, it goes into great detail about how deeply tribal Kashmiri communities are forcefully entrenched with the military and are tortured and murdered under false pretences and how worse the situation has become.

here's the caravan's 42 page report on the murder and torture of civilians in Kashmir by the Indian army that the Indian government has asked them to take down as of 13/02/24. Please read and download and circulate.

[eidolonlathi]

"Do you have any idea what I'm thinking when returning to my village constantly?"

[awesometeennews]

Police cane migrant workers near Vijayawada

Police cane migrant workers near Vijayawada

[ad_1]

In yet another incident, police used force on migrant labourers, who were walking towards their home States. A few workers suffered injuries in the lathi-charge.

More than 500 labourers who were trekking on the national highway were provided shelter in Vijayawada Club. When the labourers came to Kanakadurgamma Varadhi on Saturday, police warned them to go back, and when the workers tried…

[distantvoices]

A compilation of everything that has been happening in India regarding the CAA/NRC in the past few weeks

The RSS, a Hindu nationalist group, has been marching all around the nation. With heavy sticks and poles called "Lathis" (that have been previously used against peaceful anti-caa/nrc protestors). And they are being allowed to do this freely. There's no section 144 being imposed on them. The internet in these areas is untouched.

Section 144 imposed in areas that organized protests against caa/nrc in Bangalore, Delhi, Uttar Pradesh. 

Internet and other phone services suspended in Delhi and other cities in India.

Not just the RSS- but the police has been going around causing destruction to people's private property- in residential areas where there are no protests being held. To scare them and keep them in their homes. (Link 2) The police is unfairly arresting muslims who aren't even taking part in the protests. Detaining underage students. Beating them up. Several people have been killed. Including babies. (Link 2)

Breaking into homes of muslims - Link, link

Police brutality - Link

Bhakts (Hindu nationalists) have taken control over most news channels and are planting their own members in debates, spreading fake news, etc.

The celebrities and "influencers" in our country are hush about everything that is happening. 

The government was recently allotted 1300 crore rupees (13 billion US dollars) to start working on NPR (national population register). Which basically sets the foundation for NCR (national citizenship registration). 

The GDP and unemployment is at an all time low. Modi lies about economic growth and wastes billions on discriminatory acts. 

Link 2 about relationship between NPR and NCR. Link 3. Link 4. Link 5 (!!!!!)

The government is using one atrocious act as a distraction to cover up other atrocious acts and they have been doing it for a while.

-- Section 370 in Kashmir. Where, by the way, the internet is still down. It has been 144 days.

-- The Transgender Act.

Activists jailed

Unfulfilled promises. Promises modi made.

German student expelled from university and sent back for protesting against the discriminatory act.

BJP IT Cells tweeting in support of Modi- influencing people who aren't well aware of what's happening and somehow these cells include some famous Indian athletes???

Educators jailed, Link 2

Detention centers are being constructed. While modi and amit shah lie and say that no such thing is happening. Link 1, 2, 3 and 4.

Modi lying some more.

RSS member impersonating cop.

Policeman dressed as a protester, being violent towards another policeman during a peaceful protest. Police strikes back against students.

Police using a hindu God's name while attacking a largely Muslim group of peaceful student protesters.

People (including a baby) were sent and later found dead in Assam detention camps despite the proof of their citizenship. Link 2

University campus with majority muslim student population attacked by police, teargassed. Female students sexually harassed. 

Twitter and Instagram accounts are being surveilled by police.

Check my previous posts for more info. A simple google search can help clear your doubts. Message me if you’d like, I don’t have all the answers but I can give it my best shot. 

Recognize what’s happening in India and help spread the word. Reblog this post. Please. Thanks.

[mediadesign-esh]

audio used:

[x] azadi by dub sharma and divine

[x] narendra modi on caa & nrc protest

[x] in 5 minutes: the first month of india rising against caa-nrc

[x] caught on camera: bjp mla raja singh spewing hate against muslim community

[x] cold, starved, and scared: how the night at jamia unfolded after seige

[x] bjp mp chants ‘desh ke gaddaron ko / goli maaro saalon ko’ at campaign rally

context:

since this entire remix is in hindi/punjabi, i want to contextualize it so that everyone knows the purpose behind the audio choices. firstly, the base track used is azadi: this is a song that was first popularized by the bollywood movie gully boy by zoya akhtar. while the movie itself is a biographical drama based loosely on the life of the real rapper DIVINE, this song in particular is the most political one in the soundtrack. it’s a frank lay-down of the political and economic corruption pervading the lower classes in the country, and blatantly points fingers at the politicians in power who are responsible for it all.

the first set of voice clips embedded in the beat of the song belong to bjp mla raja singh as he talks about his dream of a “hindu rashtra” — a pure hindu country. this rhetoric belongs largely to the far-right of india, who believe the country is best represented through a religious homogeneity despite its documented constitutional secularism.

the second set of voice clips is from amit shah: the home minister of the country. he is notorious for many reasons, but in this clip the emphasis is on the fact that he mentions nearly every single “large” religion in the country except islam.

the third set of voice clips is from the prime minister narendra modi as he defended the CAA (citizenship amendment act) proposed in parliament in late 2019. the amendment was proposed in conjunction with the NRC (national register of citizens). the long-term impact: the national register of citizens would be formed on the basis that people had reliable documentation (birth certificates/property papers) to show that they are legal citizens of the country.if they do not have this documentation, they are pushed into a different section.

with the CAA, buddhists, christians, hindus, jains, parsis, and sikhs who migrated or sought refuge in india from afghanistan, bangladesh, and pakistan prior to 2014 and can prove their presence prior to 2014 are granted a fast track to citizenship. the only people left are the muslims who may have lost documentation due to the partition or because of their low-income backgrounds; they cannot be covered by the CAA and are thus left to the government’s jurisdiction. an enactment of this combination occurred in the state of assam, where many muslims were kept in “detainment camps.”

the fourth set of voice clips is from a reporter reporting on the police-led attacks on jamia milia islamia university in the capital of new delhi. students were lathi-charged (beaten with sticks) and harrassed or abused by police as well as other people who entered their campus. this was in light of the CAA-NRC protects that erupted all over the country against the bill. jamia was targeted due to his islamic history and its political activism.

the fifth set of voice clips is from bjp mp anurag thakur’s political rally: “desh ke gaddaron ko / goli maaron saalo ko.” loosely translates to: “shoot the goddamn traitors to this country.” this was shortly before the delhi pogrom in february 2020 where hindu mobs targeted muslim homes in north east delhi and incited violence. 53 were killed, 2/3rd were muslim.

finally, the remix ends with a voice clip from an unnamed protestor which translates to, “remove the lens of religion; the entirety of India is in danger.”

[sayhellotothesunandthestars]

सब यद रक्खा जायगा (Everything will be remembered) is a poem written by Aamir Aziz, an activist in Delhi who is protesting against the fascist and racist regime of Indian Prime Minister, Modi. As protests flare up all over the world over the horrendous murder of George Flyod, it is essential we battle these evils all over the globe as well. Minorities, may they be racial, religious, sexual or any other have been denied equality for far too long.

In India when the Modi Government passed the discriminatory Citizenship Amendment Act, protests sparked a flame in the nation that was perhaps last seen in the JP Movement. the misuse of Section 144, detentions and beatings, internet shutdowns – has widened the ambit of the protests, which are no longer just about the CAA and NRC. In fact, the hundreds of thousands of citizens out on the streets, braving lathis and bullets, chanting slogans and singing songs and vociferously raising their voice against the government, are now fighting for the constitution, for India’s foundational principles, for their democratic rights.

My country, India, is an inherently racist one and is currently suffering from evils such as the caste system- an institutionalized structure of oppression, lynching of minorities, honour killings, rapes of children as young as eight years old, religious intolerance, laws such as AFSPA, UAPA, attacks on left leaning colleges such as JNU, AMU and Jamia, the arrest of political prisoners, including a 27 year old pregnant woman who is being denied proper medical facilities, the attack on Kashmir and much more.

My family is doing all it can to help aid these protests and one of the duty we have is to spread awareness on an international level, to let it be known that being anti government is not the same as being anti national, so given below is the English translation of a verse of सब यद रक्खा जायगा

“Everything will be remembered. kill us and we will become ghosts and write of your killings

you write jokes in court, we will write justice on the walls,

we will speak so loudly that even the deaf will hear us,

we will write so clearly that even the blind will read.

You write injustice on Earth, we will write revolution in the sky,”