Oswald Jay Lewis, before and after being shot and arrested by police.
Nationwide (BlackNews.com) — On August 26, 2014, U.S. Marshals and NYPD executed a late-night arrest in Queens, N.Y.
N.Y. on a 24-year-old warrant from Virginia. Inside the Queens apartment was Oswald Lewis, the individual named in the arrest warrant. After Lewis' violent seizure by marshals he was never given his Miranda rights. He laid on the pavement, handcuffed to his injured wrist until an ambulance arrived.
Oswald Lewis' civil complaint case #1:16 1057 (KAM JO) reveals in detail how marshals reentered the residence and fabricated the evidence to make it appear as if Lewis was the initial aggressor. Law enforcement then made numerous false statements to media and in an affidavit to the grand jury. And testimonial statements all inconsistent to nearly all the evidence.
Lewis spent just two days in Jamaica Queens hospital for his injuries, even though hospital records show he needed at least seven days. Instead, Lewis was removed from the hospital by marshals in a horrific condition with the facial injuries shown above; a bleeding wrist with nerve tendons protruding from his left wrist caused by the marshal's handcuffs and a 40-caliber bullet still lodged in his left elbow. Lewis was taken to the federal Metropolitan Detention Center MDC in Brooklyn NY and placed in solitary confinement for over 50 days while law enforcement narratives started the process to his unlawful conviction.
Court Records show it took one year to remove the bullet from Lewis' elbow after he made numerous complaints. The Oswald Lewis they arrested for the 24-year old non-violent warrant was not even the correct Oswald Lewis.
The record shows the material evidence from professor peter Deforest was also precluded and Mr. Lewis never got an opportunity to testify or cross examine all the law enforcement on the government witness list who made prior inconsistent statements. Lewis' most crucial evidence to prove his innocence was precluded because the court appointed attorney (whom Lewis fired) filed the motion for the witness late. Even considering the exculpatory findings the forensic expert revealed, and the serious charges Lewis faced, the court never considered the material testimony.
Remember the firefighter who was charged for spitting on a Black toddler and using the N-word? — Well, he just got his job back!


text:
Home — Essay Samples — History — Historical Figures — Davy Crockett
Essays on Davy Crockett
Clear filters ✕
David Crockett: a Nation's Hero of The Past
How are people to judge thier nation's hero's actions from the past? There are two choices to decide how we see a person, by the standards of the past or of the present. One of American nation's important figures of the past David Crockett falls...
Davy Crockett American History
The Heroic Case of Davy Crockett
Davy Crockett was known to be an American folk hero, a frontiersman, soldier, and politician; commonly referred to in popular culture as a "King of the Wild Frontier". He represented Tennessee in the U.S. House of Representatives and served in the Texas Revolution. He was...
The Story of Davy Crockett and His Heroic Death
Davy Crockett is worldwide known as one of the best hunters, marksmen, and Indian fighters that ever lived. Throughout Davys life, he was a very famous celebrity in the United States. Even after he died, every one was talking about Davy Crockett and his heroic...
March 6, 1836 (aged 49)
National Republican Party
Pioneer, soldier, politician
Member of the U.S. House of Representatives from Tennessee
David Crockett was born in eastern Tennessee on August 17, 1786. Crockett's father taught him to shoot a rifle when he was just 8 years old. Crockett received no significant academic education. On August 14, 1806, he married Mary (Polly) Finley, they had three children and moved to Franklin County, Tennessee.
Military Career
In 1813, after the War of 1812 broke out, Crockett joined the Tennessee militia as a scout and fought against the Creek Indians in Alabama. After being discharged in 1815, he returned home.
In 1817, he became public commissioner of Lawrence County. Crockett became a member of the Tennessee State House of Representatives from 1821 to 1823. Later, he ran for Congress and won a seat in the U.S. House of Representatives. During his political career, Crockett developed a reputation as a frontiersman.
After Crockett lost the 1835 congressional election and decided to join the fight in the Texas Revolution. On March 6, 1836, he was killed at the Battle of the Alamo in San Antonio, Texas.
Davy Crockett's death burnished his reputation as a hero and cemented his legendary status. In 1954, Walt Disney produced a television series based on Crockett's life.
"Let your tongue speak what your heart thinks."
"Be sure you are right, then go ahead."
"I have always supported measures and principles and not men."
Great Depression Pearl Harbor Manifest Destiny Westward Expansion Historical Criticism Lewis and Clark Expedition Louisiana Purchase The Columbian Exchange Anne Boleyn Dust Bowl
United States Tennessee Georgia Andrew Jackson Armed forces Battle of the Alamo Wagoner Armory
Shaka Zulu
Abigail Williams

redpajama_set_name: RedPajamaCommonCrawl


text:
Home Tags Posts tagged with "Team GB Chef de Mission"
Team GB Chef de Mission
TSF News
Mark England named Team GB Chef de Mission for Paris 2024 Olympic Games
The British Olympic Association (BOA) has today (Thursday, 17 March) announced Mark England OBE as Chef de Mission for Team GB for the Paris 2024 Olympic Games.
Mark has successfully led Team GB at each of the last two summer editions of the Olympic Games, where the nation has secured 67 medals at Rio 2016 and 64 medals at Tokyo 2020.
He becomes only the fifth person in the history of Great Britain and Northern Ireland at the Olympic Games to have led the team into competition on at least three separate occasions.
Awarded the OBE for his services to Olympic sport in 2016, Mark oversaw the 374-strong athlete delegation in Tokyo in the summer of 2021, following a year's delay due to the Covid-19 pandemic. Despite the pandemic, Team GB were one of the few major nations to keep their delegation entirely Covid free at the Games.
Mark has attended 10 Olympic and Olympic Winter Games in a leadership role.
He said: "There remains no greater honour than being asked to lead Team GB as Chef de Mission at the Olympic Games. I am proud and humbled to support our exceptional athletes and sports in competition at the world's greatest sporting event.
"Paris 2024 will be an incredible Games for Team GB and the British public can look forward to another wonderful summer of sporting achievement from the country's finest athletes."
BOA Chair, Sir Hugh Robertson, said: "We are delighted to announce Mark England as our Chef de Mission for Paris 2024. His leadership through the Rio and Tokyo Games was outstanding and I know he carries the confidence of athletes and sports alike."
BOA CEO, Andy Anson, added: "My congratulations go to Mark on a well-deserved appointment – Paris is undoubtedly going to be an exceptional Games, and it's one we are very much looking forward to.
"We have just returned from our latest recce to Paris and we feel our plans for 2024 are well advanced. We are confident that we will be as well prepared as ever to take advantage of the closest thing we will get to a home Games in the near future."
21st March 2022 0 comment


A Leonard Way is a residential street located in Chatham. It features a cul-de-sac design runs in an east-west manner off Training Field Road, just south of Orleans Road. Jacknife Beach on Pleasant Bay, Ryder's Cove, School House Pond & the bike trail are all very close to A Leonard Way.


text:
Home Military Law California Gold River
Gold River Military Lawyers
Michael Patrick Clancey
Sacramento, CA Military Law Attorney
Western State University College of Law, Western State University College of Law, Middle Temple - London, England, Regent University School of Law, Thomas Jefferson School of Law, The Judge Advocate General's School and U.S. Naval Justice SchoolMarine Corps UniversityCalifornia (Lawyer) and England and Wales (Barrister)California State Bar
Paul Everett Carreras
Roseville, CA Military Law Attorney
Empire Law SchoolUniversity of PortlandCaliforniaCalifornia State Bar
Tim Gomes
Palo Alto , CA Military Law Attorney
New College of CaliforniaCalifornia State University - San Francisco State UniversityCaliforniaThumbtack
Jeffrey Bruce Neustadt
San Francisco, CA Military Law Attorney
Boston College Law School and Boston College Law SchoolBoston University1st Circuit, Massachusetts, District of Columbia, New York, 9th Circuit and CaliforniaCalifornia State Bar
Peter Depew
San Luis Obispo, CA Military Law Attorney
Pepperdine University School of LawCaliforniaCALIState Bar of California, United States District Court for the Central District of California...Critical Discourse Analysis of Media Coverage of Grand Theft Auto
Andrew Cherkasky
Irvine, CA Military Law Attorney
Chicago-Kent College of Law, Illinois Institute of TechnologyUniversity of Wisconsin - MadisonIllinois and CaliforniaAir Force Defense CounselAmerican Trial Lawyers Association and Chicago-Kent College of Law - Illinois Institute of Technology Trial Advocacy TeamLitigation Technology: Becoming a High Tech Trial Lawyer
George Gedulin
San Diego, CA Military Law Attorney
Thomas Jefferson School of LawUniversity of California - San DiegoCaliforniaState Bar of California, San Diego Criminal Defense Bar...
Renee N. Stackhouse
Thomas Jefferson School of LawCornell University and Park UniversityCalifornia, Southern District Court for the Southern District of California and United States Court of Appeals for the Armed ForcesBest Lawyers, Superlawyers , Martindale-Hubbell, Best Lawyers...National Association of Women Judges, California Lawyers Association Solo & Small Firm Executive Committee...Ethics and Social Media and Trial Techniques: Saving Time and Creating Impact
Monterey Park, CA Military Law Attorney
University of Colorado Law SchoolUniversity of Colorado - Denver and Metropolitan State College of DenverColorado, 10th Circuit, District of Columbia, U.S. Supreme Court and CaliforniaState Bar of Colorado and State Bar of CaliforniaBook Review: iPad in One Hour for Litigators
Lance Raymond Claery
Los Angeles, CA Military Law Attorney
California Western School of LawUniv of MarylandCalifornia and District of ColumbiaCalifornia State Bar
Zein Obagi
University of Southern California Gould School of LawUniversity of California - Berkeley9th Circuit and CaliforniaState Bar of California
Christopher Patrick Welch
Ventura, CA Military Law Attorney
Santa Clara University School of LawUniversity of California - Santa BarbaraCaliforniaSanta Clara University School of Law and Santa Clara University School of LawVentura County Criminal Bar Association, California Public Defenders Association...Having the Heart to Win Cases
Joseph N Casas
Chicago-Kent College of Law, Illinois Institute of TechnologyIllinois and CaliforniaState Bar of California
Richard Lawrence Duquette
Oceanside, CA Military Law Attorney
Western State UnivUniv of California IrvineCaliforniaCalifornia State Bar
Kerry Lee Armstrong
Thomas Jefferson School of LawMiddle Tenn St UnivCaliforniaU.S. District Court Southern District of California, U.S. District Court Central District of California...
Riverside, CA Military Law Attorney
Capital University Law SchoolKenyon CollegeCalifornia BAr and Armed Forces Court of Appeals and the Court of Appeals for Veteran Claims
Stevan C. Rich
University of San Diego School of LawChapman UnivCalifornia and Court of Military AppealsUnited States Army ReserveCalifornia State BarMusings From Iraq: Ka-Blume!
Robert Lyman Hyde
California Western School of LawUniv of MinnesotaCaliforniaMinnesota State Bar and California State Bar
Jeffrey Wayne Carver
Pepperdine Univ School of LawCalifornia St Polytechnic UnivCaliforniaCalifornia State Bar
Jerrold Murray Bodow
Syracuse Univ COLSUNY and Syracuse UniversityCaliforniaAvvo, Expertise and Martindale-HubbellCalifornia State Bar
The LII Lawyer Directory contains lawyers who have claimed their profiles and are actively seeking clients. Find more Gold River Military Lawyers in the Justia Legal Services and Lawyers Directory which includes profiles of more than one million lawyers licensed to practice in the United States, in addition to profiles of legal aid, pro bono and legal service organizations.


A friendly and relaxed tour of the World Cultures gallery, with its re-designed display of objects connecting us with peoples around the globe. We will be celebrating Dementia Awareness Week.
Our dementia-friendly activities are suitable for people with mild to moderate memory problems, who must be accompanied by a friend, relative or carer. Each visit begins with refreshments. An illustrated information sheet is available to take home and carry on the conversation.
Booking your place – Numbers are limited to ensure the best possible experience so please book in advance to guarantee your place. Tickets can be obtained online, by phone or in person. There is limited disabled parking; please book a space if you need one.


text:
Man takes own life after row with wife
A man in his 60s took his own life when his wife lost consciousness after he threw a porcelain pot at her, police said Friday.
The 67-year-old taxi driver, identified only as Kim, was found by his wife, 61, hanging from a gas pipe in his apartment Wednesday, according to the Busan Police Station.
Police said the man threw a porcelain pot at his wife in a fit of anger and she passed out briefly. He committed suicide after seeing what he had done.
His wife was quoted by the police as saying that, "I passed out briefly during an argument with my husband. When I regained consciousness, I found him hanging from a city gas pipe."
chojh@koreatimes.co.kr More articles by this reporter


"If the offence is committed in a street only passer- by will be the witness. His evidence cannot be brushed aside lightly or viewed with suspicion on the ground that he was a mere chance witness. However, there must be an explanation for his presence there."
The Court further explained that the expression 'chance witness' is borrowed from countries where every man's home is considered his castle and every one must have an explanation for his presence elsewhere or in another man's castle. It is quite unsuitable an expression in a country like India where people are less formal and more casual, at any rate in the matter of explaining their presence.
22. The evidence of a chance witness requires a very cautious and close scrutiny and a chance witness must adequately explain his presence at the place of occurrence (Satbir v. Surat Singh MANU/SC/1132/1997 : (1997) 4 SCC 192; Harjinder Singh v. State of Gujarat MANU/SC/0553/2004 : (2004) 11 SCC 253; Acharaparambath Pradeepan & Anr. v. State of Kerala MANU/SC/8785/2006 : (2006) 13 SCC 643; and Sarvesh Narain Shukla v. Daroga Singh and Ors. MANU/SC/8056/2007 : (2007) 13 SCC 360). Deposition of a chance witness whose presence at the place of incident remains doubtful should be discarded (vide Shankarlal v. State of Rajasthan MANU/SC/0507/2004 : (2004) 10 SCC 632).
23. Conduct of the chance witness, subsequent to the incident may also be taken into consideration particularly as to whether he has informed anyone else in the village about the incident. (vide Thangaiya v. State of Tamil Nadu MANU/SC/1046/2004 : (2005) 9 SCC 650)."
Similar is the ratio of judgment in the matter of Harjinder Singh alias Bhola (Supra) relied by the learned Counsel for appellants.
13. To put it briefly the finding of guilt can be recorded relying upon the evidence sole eye witness provided such evidence is trustworthy and reliable and gaining corroboration from other evidence of the prosecution. The evidence of chance witness can be accepted provided statement of such witness adequately explain presence of said witness and such evidence stands test of caution and close scrutiny. Similarly conduct of the chance witness is also a relevant factor while appreciating his evidence.
Hon'ble Judges/Coram:V.K. Tahilramani and A.M. Badar, JJ.
1. By these appeals, appellants/convicted original accused Nos. 1 to 6 are challenging judgment and order dated 11.11.2010 passed by the learned Additional Sessions Judge, Pune, in Sessions Case No. 234 of 2008, thereby convicting them of offence punishable under sections 147, 148 and 302 read with section 149 of the Indian Penal Code. For offences punishable under section 147 of the Indian Penal Code, they are sentenced to suffer rigorous imprisonment for one year and for offence punishable under section 148 of the Indian Penal Code, they are sentenced to suffer rigorous imprisonment for two years. For offence punishable under section 302 read with section 149 of the Indian Penal code, appellants/original accused Nos. 1 to 6 are sentenced to suffer imprisonment for life and to pay fine of Rs. 1000/-each and in default to undergo further rigorous imprisonment for six months by each of them.
"a) Pradeep Ganpat Shinde (since deceased) was residing at Shinde Wada located at Shukrawar Peth, Pune. His sister P.W.2-Kalyani Bajrang Khillare is also resident of Shinde Wada. Acquitted accused No. 8 Bhau alias Ravindra Chavan and acquitted accused No. 9 Balkrishna Chavan are maternal uncles of appellant/accused No. 1-Sameer More. They are also resident of Shinde Wada. Rest of appellants/accused Nos. 2 to 6 are stated to be friends of appellant/accused No. 1-Sameer More. It is case of prosecution that appellant/accused No. 1-Sameer More and his friends appellant/accused Nos. 2 to 6 used to visit the house of acquitted accused No. 8-Bhau @ Ravindra and acquitted accused No. 9 Balkrishna Chavan at Shinde Wada, Shukrawar Peth, Pune. Shinde Wada is stated to be containing 81 tenements occupied by different families including those of deceased Pradeep Shinde, P.W.2-Kalyani Khillare, acquitted accused No. 8-Bhau alias Ravindra Chavan and acquitted accused No. 9-Balkrishna Chavan.
b) In the last week of May, 2007 as well as on 06.09.2007 there was a quarrel between appellant/accused No. 1-Sameer More and his associates on one side and deceased Pradeep Shinde on other side. This has resulted in lodging reports with Khadak Police Station. This enmity of appellant/accused No. 1-Sameer More and his associates with deceased Pradeep More is stated to be motive behind the crime in question.
c) The incident of murderous assault on Pradeep Shinde took place at about 8.30 p.m. of 08.10.2007 at populous locality of Pune. According to the prosecution case, Pradeep Shinde (since deceased) was standing near Bafna Petrol Pump at Shukrawar Peth, Pune. At that time P.W.17-Vinod Kad was also stated to be present at that place. All of a sudden, armed with deadly weapons, appellant/accused No. 1-Sameer More, appellant/accused No. 2-Ganesh Mane, appellant/accused No. 3-Nilesh, appellant/accused No. 4-Pravin Chorge, appellant/accused No. 5-Shailesh Dhage, appellant/accused No. 6-Ajit Ghanekar along with juvenile in conflict with law Santosh Khandke rushed on person of Pradeep Shinde. Appellant/accused persons were successful in giving one blow of a sharp edged weapon on head of Pradeep shinde at that place. For rescuing himself Pradeep Shinde started running towards a lane adjacent to Pritam Hotel. He was chased by appellants/accused, who were successful in accosting him in the lane, opposite to Bafna Petrol Pump. All appellants/accused assaulted Pradeep Shinde by means of sword, knives, chopper etc. Resultantly, Pradeep Shinde collapsed with several bleeding injuries on his person and died on the spot.
d) According to the prosecution case P.W.2-Kalpana Khillare-sister of deceased Pradeep Shinde was returning from the market after purchasing vegetables. At that time the incident is stated to have happened in presence of P.W.2-Kalpana Khillare. P.W.6-Hemant Lele was returning to his office, which was near the Bafna Petrol Pump. Upon seeing Pradeep Shinde lying in injured condition in a pool of blood, he intimated this fact telephonically to Khadak Police Station. This information recording was recorded in the station diary (Exh. 34).
e) P.W.13-Dnyandeo Bhalsing, A.P.I. with Khadak Police Station along with his staff immediately rushed to the spot of incident. He found P.W.2-Kalpana weeping near Pradeep Shinde, who was lying in the lane. She was then sent to Phadgate Police Out-post with Police Naik Polekar for lodging the F.I.R. P.W.12-Rajendra Vaibhandik, A.P.I. was incharge of Phadgate Police Outpost. He then recorded the F.I.R. (Exh. 79) lodged by P.W.2-Kalpana Khillare and accordingly Crime No. 272 of 2007 for offences punishable under sections 143, 147, 148, 149, 302, 120-B, 201 of the Indian Penal Code, under section 37 read with section 135 of the Bombay Police Act and under section 4 read with section 25 of the Arms Act came to be registered against appellants/accused at Khadak Police Station. The Wheels of investigation were then set in motion.
f) P.W.13-Dnyandeo Bhalsing, A.P.I. recorded spot panchanama (Exh. 72). He sent Pradeep Shinde to Sasoon Hospital, where he was declared dead. Inquest panchanama was drawn and dead body was sent for autopsy. Immediately on the very next day i.e. on 09.10.2007 all appellants/accused came to be arrested and their bloodstained clothes were seized by effecting panchanamas. During the investigation, on the basis of confessional statements of appellants/accused, bloodstained weapons of the offence came to be seized. On completion of investigation, charge-sheet came to be filed against appellants and other accused persons.
g) On committal of the case, the learned Additional Sessions Judge framed charges under various sections of the Indian Penal Code, the Bombay Police Act and the Arms Act against accused persons. They abjured the guilt and claimed trial.
h) In order to bring home the guilt to accused persons, the prosecution has examined in all 17 witnesses. They can be categorized as eye witnesses, panch witnesses and official witnesses who examined accused persons, conducted autopsy on dead body of Pradeep Shinde and investigated the crime. P.W.2-Kalyani Khillare-sister of the deceased, P.W.3-Deepak Pawar-cashier of Bafna Petrol Pump, P.W.4-Rajaram Salvi, P.W.5-Sanjay Pawar (both servants at Bafna Petrol Pump), P.W.6-Hemant Lele, P.W.8-Nitin Shinde-Salesman present near the spot and P.W.17 Vinod Kad-friend of the deceased Pradeep were stated to be eye witness to the incident in question. However, except P.W.2-Kalyani Khillare and to some extent P.W.6-Hemant Lele, none of these alleged eye witnesses supported the case of the prosecution. Panch witnesses such as P.W.7-Namdeo Kunjir, P.W.9-Vishal Dongare and P.W.10-Suryakant Salunkhe also turned hostile to the prosecution. P.W.11-Dr. Kishor Pedgaonkar had examined the appellant/accused No. 2-Ganesh Mane and appellant/accused No. 6-Ajit Ghanekar immediately after their arrest on 09.10.2007 and had issued injury certificates (Exh. 110 and Exh. 111) certifying injuries found on their palm. P.W.14-Dr. Ganesh Poojary had conducted post-mortem examination on dead body of Pradeep Shinde on 09.10.2007. P.W.12-Rajendra Vaibhandik, A.P.I., P.W.13-Dnyandeo Bhalsing, A.P.I., P.W.15-Nandkumar Suryawanshi, P.I. and P.W.16-Chandrakant Sagale, the then Police Inspector had invested the crime in question.
i) The defence of appellants/accused was that of total denial. They had filed their written statements contending that they are falsely implicated in the crime in question.
j) After hearing both the parties, the learned Additional Sessions Judge was pleaded to hold appellants/accused guilty of offence punishable under section 147, 148 and 302 read with section 149 of the Indian Penal Code and accordingly they were sentenced as indicated in the opening para of this judgment."
3. We have heard S/Shree Pasbola, Shejpal and Khamkar, learned Counsel appearing for appellants/accused in both these appeals at sufficient length of time. It was argued by the learned Counsel for appellants that P.W.2-Kalyani Khillare is a sole witness on whose statement the learned Trial Court has returned the finding of guilt against appellant/accused. She is an interested witness having inimical disposition against appellants/accused. It is argued that P.W.2-Kalpana Khillare is a chance witness and her version is totally unbelievable because she claims to be present at Bafna Petrol Pump while returning to her house at Shinde Wada after purchasing vegetables but evidence on record shows that Bafna Petrol Pump is not on the way from Shinde Wada to Phule Mandai (Market) of Pune. The conduct of P.W.2-Kalyani in not rushing to her house, not going near her injured brother, absence of blood on her clothes makes her unbelievable witness. She is a tutored witness as she claimed to have identified the appellants/accused though the house of maternal uncle of appellants/accused No. 1 is not visible from her house at Shinde Wada. The presence of P.W.2-Kalyani on the spot is not properly explained and she being an interested witness, false implication of appellants/accused cannot be ruled out. In support of these contentions, reliance is placed on Jarnail Singh & Ors. v. State of Punjab, MANU/SC/1584/2009 : (2009) 9 SCC 719 and Harjinder Singh alias Bhola v. State of Punjab, MANU/SC/0553/2004 : 2004 CRI.L.J.3854 (S.C.).
4. It is argued on behalf of appellants/accused that first assault on deceased Pradeep is stated to have taken place at Bafna Petrol Pump and then the murderous assault on him is alleged to have taken place in the nearby lane. However, as no blood was found at Bafna Petrol Pump, the evidence of P.W.2-Kalyani is totally unreliable. There is no evidence to show that the deceased was in a position to run with injury on his person. The distance between the alleged place of the first assault and that of the second assault is vast and therefore there is no possibility of P.W.2-Kalyani witnessing the actual assault on her deceased brother Pradeep Shinde.
5. It is argued by learned Counsel for appellants that evidence of P.W.6-Hemant Lele and that of P.W.13-Dnyandeo Bhalsing-Investigating Officer is contradictory. P.W.6-Hemant Lele does not say that P.W.2-Kalyani was present on the spot; whereas P.W.13-Dnyandeo Bhalsing says that he had not seen anybody on the spot except P.W.2-Kalyani and injured Pradeep. It is further argued that during trial of the juvenile in conflict with law-Santosh Khandve, P.W.2-Kalyani had not identified him and in her evidence before that forum she had stated that Santosh Khandve had not participated in the assault. The learned Counsel for the appellants further argued that the F.I.R. does not mention presence of P.W.17-Vinod Kad on the spot making version of P.W.2-Kalyani doubtful.
6. Learned Counsels for appellants vehemently argued that recoveries on the basis of confessional statements of appellants/accused are not proved. There is no evidence that seized articles were sealed on the spot. To buttress this submission, reliance is placed on the judgment of this Court in Malhari Gopal Bhoval & Ors. v. The State of Maharashtra, reported in MANU/MH/2275/2015.
7. According to learned Counsel for appellants, conviction is based on the testimony of sole eye witness P.W.2-Kalyani and her version is wholly unreliable. As such the learned Trial Court ought not to have convicted appellants/accused. To demonstrate the principles of appreciation of evidence of sole eye witness, reliance is placed on judgment in the matter of Anil Phukan v. State of Assam, MANU/SC/0228/1993 : 1993 CRI.L.J. 1796 (S.C.) and Jagdish Prasad and Ors. v. State of M.P., MANU/SC/0282/1994 : 1994 CRI.L.J. 1106 (S.C.) wherein it is held that if evidence of a single eye witness is open to doubt of suspicion, the Court will require sufficient corroboration to record the finding of the guilt.
8. We have heard the learned A.P.P., who vehemently supported the impugned judgment and order of conviction of appellants/accused. By placing reliance on judgment of the Apex Court in the matter of Alagupandi alias Alagupandian v. State of Tamil Nadu, MANU/SC/0531/2012 : AIR 2012 SC 2405 and Rameshbhai Mohanbhai Koli & Ors. v. State of Gujarat, MANU/SC/0871/2010 : 2011 AIR SCW 378, the learned A.P.P. argued that conviction can be recorded on the basis of the sole testimony of trustworthy eye witness. P.W.2-Kalyani is a witness of truth. He further argued that evidence of the Investigating Officer can be accepted for holding that the prosecution has proved recoveries on the basis of confessional statements of accused persons.
9. We have carefully considered the rival submissions and also examined the record and proceedings including depositions of witnesses and documentary evidence tendered on record. For the below mentioned reasons, we are unable to accept submissions of learned Counsel appearing for appellants/accused that evidence of sole eye witness P.W.2-Kalyani is unreliable and the same is uncorroborated by other evidence of the prosecution and therefore appellants/accused are entitled to acquittal.
10. At the outset, it needs to be put on record that the fact that Pradeep Ganpat Shinde died homicidal death on 08.10.2007 is not seriously disputed by the defence. The inquest panchanama at Exh. 74 is an admitted document. This inquest panchanama shows that dead body of Pradeep Shinde was having more than 45 injuries. The post-mortem examination on the dead body of Pradeep Shinde was conducted by P.W.14-Dr. Ganesh Poojary with Dr. Wabale at Sasoon Hospital, Pune on 09.10.2007. The evidence of P.W.14 Dr. Ganesh Poojary corroborated by contemporaneous documents such as report of post-mortem examination (Exh. 126), inquest panchanama (Exh. 74) shows that dead body of Pradeep Shinde was having multiple chopped wounds on vital parts of body, such as head, trunks and limbs apart from several incised wounds all over the body. During autopsy, corresponding internal injuries were also noted by P.W.14-Dr. Ganesh Poojary. The autopsy surgeon has categorically deposed that all injuries sustained by deceased Pradeep Shinde were sufficient in the ordinary course of nature to cause death of a human being. As per version of P.W.14-Dr. Ganesh Poojary, which is well corroborated by the report of post-mortem examination, Pradeep Shinde died due to traumatic and hemorrhagic shock as a result of multiple chopped wounds. This evidence is sufficient to put on record that Pradeep Shinde died homicidal death on 08.10.2007.
c. Neither wholly reliable nor wholly unreliable.
12. In the third category of witnesses, the Court has to be cautious and see if the statement of such witness is corroborated, either by the other witnesses or by other documentary or expert evidence. Equally well settled is the proposition of law that where there is a sole witness to the incident, his evidence has to be accepted with caution and after testing it on the touchstone of evidence tendered by other witnesses or evidence otherwise recorded. The evidence of a sole witness should be cogent, reliable and must essentially fit into the chain of events that have been stated by the prosecution. When the prosecution relies upon the testimony of a sole eye-witness, then such evidence has to be wholly reliable and trustworthy. Presence of such witness at the occurrence should not be doubtful. If the evidence of the sole witness is in conflict with the other witnesses, it may not be safe to make such a statement as a foundation of the conviction of the accused. These are the few principles which the Court has stated consistently and with certainty. Reference in this regard can be made to the cases of Joseph v. State of Kerala MANU/SC/1084/2002 : (2003) 1 SCC 465 and Tika Ram v. State of Madhya Pradesh(2007) 15 SCC 760. Even in the case of Jhapsa Kabari and Others v. State of Bihar MANU/SC/0776/2001 : (2001) 10 SCC 94, this Court took the view that if the presence of a witness is doubtful, it becomes a case of conviction based on the testimony of a solitary witness. There is, however, no bar in basing the conviction on the testimony of a solitary witness so long as the said witness is reliable and trustworthy.
13. In the case of Jhapsa Kabari (supra), this Court noted the fact that simply because one of the witnesses (a 14 years old boy) did not name the wife of the deceased in the fardbeyan, it would not in any way affect the testimony of the eye-witness i.e. the wife of the deceased, who had given graphic account of the attack on her husband and her brother-in-law by the accused persons. Where the statement of an eye-witness is found to be reliable, trustworthy and consistent with the course of events, the conviction can be based on her sole testimony. There is no bar in basing the conviction of an accused on the testimony of a solitary witness as long as the said witness is reliable and trustworthy."
Similar is the ratio of judgments in cases of Anil Phukan (Supra) and Jagdish Prasad & Ors. (Supra).
14. Undisputedly P.W.2-Kalyani is an elder sister of deceased Pradeep. She claims to have witnessed the incident at about 8.30 p.m. of 08.10.2007, while returning from the market after purchasing vegetables. The incident took place near Bafna Petrol Pump and at the lane opposite to it. She is being criticized as chance witnesses interested in conviction of accused because of her inimical dispositions towards appellants, let us examine her evidence with caution and close scrutiny in order to ascertain whether her presence on the spot is properly explained and whether she falls under the category of wholly reliable witness in order to base conviction on her testimony. At the same time it will have to be kept in mind that merely because the eye witness is a family member of the deceased, his/her evidence cannot per se be discarded. Relationship is not a factor to affect credibility of a witness. Ordinarily a close relation would be the last to screen the real culprit and falsely implicate an innocent person. At the same time it needs to be kept in mind while appreciating evidence of such witness that when feelings run high and there is personal cause for enmity, there is a tendency to drag in an innocent person against whom a witness has a grudge, along with the guilty. [See Vinay Kumar v. State of Bihar, MANU/SC/7966/2008 : AIR 2008 SC 3276]. Similarly in the matter of Balraje @ Trimbak v. State of Maharashtra, reported in MANU/SC/0352/2010 : (2010) 6 SCC 673, the Hon'ble Apex Court has held that when the eye witnesses are stated to be interested and inimically disposed towards the accused, it would not be proper to conclude that they would shield the real culprit and rope in innocent persons. If after careful analysis and scrutiny of their evidence, the reason given by the witnesses appears to be clear, cogent and credible, there is no reason to discard the same.
15. It is in evidence of P.W.2-Kalyani that deceased Pradeep Shinde-her younger brother was residing with his family at Shinde Wada and she is also a resident of Shinde Wada, which comprises of 81 tenements having either one or two rooms. Maternal uncles of appellant/accused No. 1-Sameer, namely, accused No. 8-Rajendra and accused No. 9 Balkrishna Chavan were also residents of Shinde Wada in her neighbourhood. As per version of P.W.2-Kalyani, appellant/accused No. 1-Sameer as well as his friends appellants/accused Nos. 2 to 6, namely, Ganesh, Nilesh, Pravin, Shialesh and Ajit were visiting the house of maternal uncle of appellant/accused No. 1-Sameer frequently. P.W.2-Kalyani testified that in the last week of May, 2007 as well as on 06.09.2007, there were minor quarrels between appellant No. 1-Sameer and his associates with Pradeep Shinde (since deceased) leading to lodging report with Khadak Police Station. Because of this, appellant/accused No. 1-Sameer used to give angry look to Pradeep Shinde.
16. So far as the actual incident is concerned, as per version of P.W.2-Kalyani, she was as usual returning from the market after purchasing vegetables at about 8.30 p.m. on 08.10.2007. She further testified that when she was on the other side of the road which was in front of Bafna Petrol Pump, she saw her younger brother Pradeep Shinde standing near that petrol pump. His friend Vinod Kad was also there. As per version of P.W.2-Kalyani appellant/accused No. 1-Sameer with rest of appellants/accused, namely, Ganesh, Nilesh, Pravin, Shailesh and Ajit came there all of a sudden and assaulted her brother Pradeep with a weapon. Then Pradeep ran towards the lane located near Siddhi Vinayak Video Parlour in front of Bafna Petrol Pump. As stated by P.W.2-Kalyani, all appellants chased Pradeep and apprehended him in that lane and then assaulted him by means of Sword, Chopper and Koyta on his head, back and hands. Her brother Pradeep then fell down bleeding profusely. P.W.2-Kalyani further stated that brain matter of Pradeep was protruding from the skull and he died on the spot. All accused persons fled from the spot. She started shouting "wachwa wachwa", thereby appealing to the people for rescue. P.W.2-Kalyani deposed that some people came there so also the police. The dead body of her brother was sent to Sasoon Hospital; whereas she was taken to Phadgate Police Outpost for lodging report. P.W.2-Kalyani has stated that Santosh Khandve-Juvenile in conflict with law had also accompanied appellants and took part in the assault. While in the witness box P.W.2-Kalyani identified all appellants so also weapons produced before the Court.
17. On the backdrop of this version of P.W.2-Kalyani, the material brought on record from her cross-examination is interesting. The same will have to be appreciated keeping in mind the situation prevalent on the spot of the incident, reflecting from the spot panchanama at Exh. 72 and the rough sketch of the spot annexed to the panchanama prepared by P.W.13-Dnyandeo Bhalsing. P.W.2-Kalyani is sought to be discredited on the ground that her presence on the scene of occurrence is suspicious as Bafna Petrol Pump is not on the way of Shinde Wada to Phule Mandai (Vegetables Market) of Pune. P.W.2-Kalyani has admitted in the cross-examination that while going to Phule Market from Shinde Wada, Bafna Petrol Pump is not intervening. At this juncture it is required to be noted that what is stated by P.W.2-Kalyani in her chief examination is regarding her return journey to her house after purchasing vegetables from the market. P.W.2-Kalyani has not claimed that she was returning to Shinde Wada after purchasing vegetables from Phule Mandai of Pune. P.W.2-Kalyani is not further interrogated by cross-examining her in respect of the place from where she had purchased the vegetables. No questions are asked to her in order to probe whether she had been to Phule vegetable market or any other vegetable market in evening hours of 08.10.2007. Her cross-examination reveals that it was her routine practice. It is a matter of common knowledge that generally a big vegetable market is visited for weekly purchases and not for daily purchases. Hence, such half-hearted cross-examination of P.W.2-Kalyani is insufficient to cast a shadow of doubt on her version to make her evidence regarding her presence on the spot suspicious.
18. Be that as it may, even if it is presumed that P.W.2-Kalyani was returning to Shinde Wada from Phule Mandai of Pune, then also material elicited from her cross-examination does not make her evidence regarding her presence on the scene of occurrence doubtful. In her cross-examination it is brought on record that it is usual practice of P.W.2-Kalyani to leave her house at about 8.00 p.m. for purchasing vegetables. This explains cause of her presence outside the house and near Bafna Petrol Pump at about 8.30 p.m. on 08.10.2007. Apart from this, from cross-examination of P.W.2-Kalyani, it is brought on record that Bafna Petrol Pump is located on the Western side of Shinde Wada and Akra Maruti Kopra road is on the Eastern side of Shide Wada. Phule Mandai is on the Northern side of that Akra Maruti Kopra road. This implies that Phule Mandai is on Northern side of Shinde Wada i.e. the place where P.W.2-Kalyani used to reside. It is further seen from the cross-examination of P.W.2-Kalyani that at the Eastern side of Bafna Petrol Pump, there is road known as Bhau Maharaj road, which runs from North-South direction. The evidence on record shows that there are lanes connecting that Bhau Maharaj road and running East-West. The sketch map with the spot panchanama shows that towards Northern side of Bafna Petrol Pump, a lane going East-West direction joins Bhau Maharaj road, running North-South from the front side of Bafna Petrol Pump. Siddhi Vinayak Video Parlour is on the Northern side, at a distance of about 100 ft. from Bafna Petrol Pump. From this situation of the scene of occurrence, it is clear that even if it is presumed that P.W.2-Kalyani was coming from the Northern side of Bafna Petrol Pump, then also it is apparent that she is not required to cross Bafna Petrol Pump for going to her house at Shinde Wada. She was required to take turn towards Eastern side lane prior to Bafna Petrol Pump for going to Shinde Wada. Thus, even if it is presumed that P.W.2-Kalyani was returning from Phule Mandai of Pune for going to her house at Shinde Wada, then also Bafna Petrol Pump and the entrance of the lane located on the Northern side of Bafna Petrol Pump connecting Bhau Maharaj Road was visible to her. Hence, by no stretch of imagination, it can be said that while P.W.2-Kalyani was returning from Phule Mandai to Shinde Wada, she had no occasion to be near Bafna Petrol Pump to witness the incident. This situation and topography of the scene of occurrence brought on record by the prosecution clearly and cogently explains the presence of P.W.2-Kalyani on the spot of the incident at the time of the incident. Close scrutiny of evidence of P.W.2-Kalyani and particularly the material brought on record from her cross-examination in-fact cemented her presence on the spot of occurrence at the time of the incident.
19. It is brought on record from cross-examination of P.W.2-Kalyani that the incident of murderous assault on her deceased brother Pradeep lasted for about 10-12 minutes. It is elicited during her cross-examination that she knows appellants/accused Nos. 1 to 6 very well and while in the witness box and during cross-examination, P.W.2-Kalyani pointed out appellant Nos. 1 to 6 by disclosing their names specifically and the learned Trial Court has observed that on enquiry it was found that she has correctly pointed out names of appellants/accused. P.W.2-Kalyani while under cross-examination has categorically stated that she is in a position to tell which weapon produced before the Court was used by which of appellants/accused during the course of assault on her brother by them. This candid answer of P.W.2-Kalyani vouches her truthfulness and makes it clear that she was very much present on the spot of the incident and had witnessed the incident.
20. Trustworthiness of P.W.2-Kalyani is sought to be put under the cloud with an argument that there was no trail of blood from Bafna Petrol Pump to the lane where deceased Pradeep was found in the pool of blood. However, this argument is squarely answered in the material found in para 19 of cross-examination of P.W.2-Kalyani. While under cross-examination, P.W.2-Kalyani has stated that her brother Pradeep received only one blow at Bafna Petrol Pump causing bleeding injury to him. P.W.2-Kalyani further stated in her cross-examination that then her brother Pradeep arrested bleeding from the wound caused by blow to rear side of his head by putting his hand on the said wound. Then he started running away from the spot to save his life. Cross-examination of P.W.2-Kalyani, as such, makes it clear that no successive blows were dealt on her brother Pradeep at Bafna Petrol Pump and that Pradeep started running immediately by covering the wound by his hands after receiving a single blow at that place. As such, non-finding of blood at Bafna Petrol Pump is of no consequence to espouse the cause of appellants. This version of P.W.2-Kalyani is perfectly in consonance with recitals in the spot panchanama (Exh. 72), which also shows that there was no blood at Bafna Petrol Pump. This makes it clear that P.W.2-Kalyani had actually seen the mode and manner of assault on her brother Pradeep by appellants/accused to whom she was already knowing. There is no reason to disbelieve this material brought on record from cross-examination of P.W.2-Kalyani, who had witnessed the incident of murderous assault on her brother for about 10-12 minutes and has duly identified the assailants while in the witness box.
21. Cross-examination of P.W.2-Kalyani reveals that in September, 2007, accused No. 9-Balkrishna Chavan-maternal uncle of appellant/accused No. 1-Sameer had filed a criminal case against her husband and her deceased brother Pradeep. Then there was settlement between the parties. P.W.2-Kalyani denied that her husband and deceased brother Pradeep had grudge against accused No. 8-Bhau alias Ravindra and accused No. 9-Balkrishna. With this material, it is sought to be contended that P.W.2-Kalyani had inimical disposition against accused persons. However, one may note that P.W.2-Kalyani has not deposed anything against original accused No. 8-Bhau alias Ravindra and original accused No. 9-Balkrishna. If really P.W.2-Kalyani had an axe to grind against these accused persons, she would have added embellishment in her version by roping in accused No. 8-Bhau alias Ravindra and accused No. 9-Balkrishna in the incident of murderous assault on her brother Pradeep. This conduct of P.W.2-Kalyani speaks volumes and shows that she is a reliable witness because obviously due to settlement arrived at in the said criminal case, there was no cause to continue enmity with accused persons.
22. It is true that in the F.I.R. (Exh. 79) lodged with promptitude P.W.2-Kalyani has not disclosed presence of P.W.17 Vinod Kad on the spot of incident, but it is well settled that the F.I.R. is not an encyclopedia of the crime. Therefore, this aspect is of no consequence.
23. Evidence of P.W.2-Kalyani shows that she witnessed horrid incident of murder of her brother Pradeep who died on the spot in most brutal assault. This fact is also clear from injuries on his dead body noted in the post-mortem report. P.W.2-Kalyani has stated that skull of her brother was broken and his brain matter had came out. P.W.2-Kalyani is a Staff Nurse by occupation. In the wake of witnessing such gruesome murder of her real brother and condition of his dead body, conduct of P.W.2-Kalyani in not touching the dead body of her brother on the spot cannot be said to be unnatural. She was even otherwise overtaken by this diabolic murder.
24. The evidence of P.W.2-Kalyani gains corroboration from the F.I.R. lodged by her immediately after the incident by going from the spot to Phadgate Police Outpost soon after the incident. The evidence of P.W.2-Kalyani is consistent with the F.I.R. lodged by her immediately after the incident. She has categorically named assailants in her prompt F.I.R. and as such it cannot be said that there is possibility of false implication of appellants/accused in the crime in question. Being close relative of deceased Pradeep, P.W.2-Kalyani had no reason to spare the real culprits and falsely implicate appellants/accused. Her evidence, read as whole, vividly explains the mode and manner of the incident and her presence on the spot is duly explained. Careful scrutiny and close circumspection of evidence of P.W.2-Kalyani makes it clear that her evidence is interracially reliable, inherently probable and wholly trustworthy. We are, therefore, of considered opinion that conviction of appellants/accused can safely be recorded on her sole testimony. We do not find any force in submission of learned Counsel for appellants that in the trial of the juvenile in conflict with law, P.W.2-Kalyani has not identified said juvenile in conflict with law and had stated that he had not participated in the assault. That aspect is not the part of record nor any steps were taken by appellants for invoking provisions of Section 391 of the Criminal Procedure Code, 1973. We also do not find necessary resorting to such exercise in the wake of clear evidence of P.W.2-Kalyani. Therefore, we accept evidence of P.W.2-Kalyani.
25. Now let us see whether evidence of P.W.2-Kalyani is gaining corroboration from other evidence on record. P.W.6-Hemant Lele is an independent witness, who is neither knowing appellants nor the deceased. He has office in the lane in front of Bafna Petrol Pump and deals in construction contracts. He is, as such, a disinterested witness. At the relevant time he was going to his office on his motor-cycle. P.W.6-Hemant Lele has stated in his evidence that he heard hue and cry while crossing Bafna Petrol Pump and turning to his office. As per his version, he turned back to see 4-5 persons running from Bafna Petrol Pump towards the lane of Siddi Vinayak Video Parlour. P.W.6-Hemant Lele testified that when he came back from his office, he saw one person lying in a pool of blood and therefore he telephonically informed this fact to the police. At that time, 3-4 persons were present there and thereafter police arrived on the spot. Evidence of P.W.6-Hemant Lele, as such, shows that 4-5 persons rushed in the lane of Siddi Vinayak Video Parlour from Bafna Petrol Pump and soon thereafter one person was found lying in the pool of blood at the lane in an injured condition. This goes to show that the assault was by 4-5 persons. It is sought to be contended that evidence of the prosecution is inconsistent because P.W.6-Hemant Lele has not spoken about presence of P.W.2-Kalyani on the spot. Evidence of P.W.6-Hemant Lele shows that 3-4 persons were present on the spot. In his half-hearted cross-examination, no suggestions were given to this witness that they all were males and no lady was present on the spot. In the wake of this, it needs to be held that evidence of P.W.6-Hemant Lele is not suffering from any infirmity and same is consistent with the version of the prosecution. Resultantly cogent and trustworthy evidence of P.W.6-Hemant Lele is corroborating the version of P.W.2-Kalyani.
26. The evidence of P.W.2-Kalyani is gaining further corroboration from the spot panchanama (Exh. 72), which shows that there was a pool of blood on the spot disclosed by this witness. An amputed finger of the deceased was found to be lying there, apart from other bloodstained articles. Inquest panchanama at Exh. 74 recorded by P.W.12-Rajendra Vibhandik, A.P.I. reflecting about 48 injuries on the dead body duly corroborates version of P.W.2-Kalyani, which is to the effect that appellant/accused had given successive blows of sharp weapons to her deceased brother Pradeep. Her evidence is further gaining corroboration from version of P.W.14-Dr. Ganesh Poojary-Autopsy surgeon and post-mortem report (Exh. 126) reflecting about 31 wounds including multiple chopped wounds on the dead body of Pradeep Shinde.
27. It is seen from evidence of P.W.13-Dnyandeo Bhalsing, A.P.I. that he arrested appellant/accused No. 2-Ganesh and appellant/accused No. 3-Nilesh on 09.10.2007. Their bloodstained clothes were seized by him by preparing panchanama Exh. 90. P.W.12-Rajendra Vibhandik, A.P.I. deposed that he arrested appellant/accused No. 4-Pravin and appellant/accused No. 5-Shailesh on 09.10.2007 itself and their bloodstained clothes came to be seized vide panchanama Exh. 117. P.W.15-Suryawanshi, P.I. deposed that appellant/accused No. 1-Sameer and appellant/accused No. 6-Ajit Ghanekar were arrested by him on 09.10.2007 and bloodstained clothes of those two accused were seized by him by preparing panchanama Exh. 129. Unfortunately for the prosecution, panch witnesses P.W.7-Namdeo Kunjir has turned hostile and has not supported the seizure of clothes of appellant/accused No. 2-Ganesh and appellant/accused No. 3-Nilesh. From cross-examination of P.W.15-P.I. Suryawanshi, it is brought on record that seized clothes were wrapped in separate papers and lables under signatures of panchas and that of himself were affixed on it.
28. According to the prosecution case, on the basis of confessional statements of all appellants/accused, weapons of offence were seized. P.W.15-P.I. Suryawanshi has testified that on 11.10.2007 confessional statements of appellant/accused No. 1-Sameer and appellant/accused No. 6-Ajit Ghanekar were recorded in presence of panch witnesses and consequently weapons were seized in consequence of information given by them. P.W.9-Vishal Dongare, panch of this incident has turned hostile. Memorandum of statement of appellant/accused No. 1-Sameer is at Exh. 100. It was recorded on 11.10.2007 in between 12 to 12.10 hours. Memorandum of statement of appellant/accused No. 6-Ajit Ghanekar is at Exh. 102. It was recorded in between 12.15 hours to 12.25 hours of 11.10.2007. Exh. 101 is recovery panchanama of bloodstained weapon - chopper recovered at the instance of appellant/accused No. 1-Sameer. It was recorded from 12.30 hours to 13.15 hours of 11.10.2007. It is seen from this recovery panchanama that bloodstained chopper was recovered from the thicket near the water tank. Exh. 103 is recovery panchanama of bloodstained weapon like sword at the instance of appellant/accused No. 6-Ajit Ghanekar. It was recorded from 12.30 hours to 13.30 hours of 11.10.2007. Both these recovery panchanamas show that paper seals were used for sealing bloodstained weapons. Cross-examination of P.W.15-P.I. Suryawanshi shows that these weapons were seized by wrapping them in separate papers and labelling them under signatures of panchas and his own signature. It is seen from recovery panchana Exh. 103 that at the instance of appellant/accused No. 6-Ajit Ghanekar, bloodstained weapon like sword was recovered from the thicket near the electric poll. We do not find any irregularity or illegality in timings of these recoveries. It appears that confessional statements of appellant/accused No. 1-Sameer and appellant/accused No. 6-Ajit were recorded on same day after one another and recoveries were effected in pursuance of such information one after another, from about same locality. The Investigating Officer has chosen convenient procedure and as such it cannot be said that those are concocted recoveries.
29. P.W.13-Dnyandeo Bhavsing, A.P.I. has proved recoveries on the basis of confessional statements of appellant/accused No. 3-Nilesh and appellant/accused No. 2-Ganesh recorded respectively on 11.10.2007 and 12.10.2007. P.W.10-Suryakant Salunke, panch witness to confessional statement and recovery at the instance of appellant/accused No. 3-Nilesh has turned hostile. However, evidence of P.W.13-Bhalsing, A.P.I. shows that these two appellants/accused made confessional statements in presence of panchas which came to be recorded and then recoveries were effected. Exh. 107 is the memorandum of statement of appellant/accused No. 3-Nilesh recorded on 11.10.2007. Exh. 108 is the resultant recovery panchanama recorded on 11.10.2007, by which a bloodstained sword came to be recovered at the instance of appellant/accused No. 3-Nilesh from under the wooden cot of the house. Exh. 122 is the memorandum of statement of appellant/accused No. 2-Ganesh recorded on 12.10.2007 and Exh. 123 is the resultant recovery panchanama of that day showing recovery of bloodstained Cookri from under the cupboard of the residential room at the instance of appellant/accused No. 2-Ganesh.
30. Evidence of P.W.12-A.P.I. Vibhandik shows that he recorded confessional statements of appellant/accused No. 4-Pravin and appellant/accused No. 5-Shailesh in presence of panch witnesses resulting in recovery of weapons on 12.10.2007 and 10.11.2007 respectively. Exh. 118 is the memorandum of statement of appellant/accused No. 4-Pravin recorded on 12.10.2007. Exh. 119 is the resultant recovery panchanama, by which recovery bloodstained Rambo knife came to be seized from the showcase in the residential room at the instance of appellant/accused No. 4-Pravin. Exh. 91 is the memorandum of statement of appellant/accused No. 5-Shailesh recorded on 11.10.2007. Exh. 92 is the resultant recovery panchanama by which bloodstained Sattoor came to be seized from the iron cupboard of two room house at the instance of appellant/accused No. 5-Shailesh.
31. Now the question is whether recoveries at the instance of appellants/accused as well as seizure of their clothes can be said to be proved in the wake of panch witnesses turning hostile. In the matter of State Government of N.C.T. of Delhi v. Sunil & Anr., reported in MANU/SC/0735/2000 : 2000 AIR SCW 4398 in paras 20 & 21, the Hon'ble Supreme Court has held that it is a fallacious impression that when recovery is effect pursuant to any statement made by the accused, the document prepared by the Investigating officer contemporaneous with such recovery must necessarily be attested by independent witness. It is further held that it is archaic notion that actions of the police officer should be approached with initial distrust. The Court cannot start with presumption that the police records are untrustworthy. As a proposition of law, the presumption should be other way round. The official acts of the police have been regularly performed is a wise principle of presumption and recognized even by the legislature. Hence when a police officer gives evidence in court that a certain article was recovered by him on the strength of the statement made by the accused it is open to the court to believe the version to be correct if it is not otherwise shown to be unreliable. In the case in hand, we found that evidence of P.W.12-A.P.I. Vibhandik, P.W.13-A.P.I. Bhalsing and P.W.15-P.I. Suryawanshi to be fully trustworthy regarding seizure of clothes of appellants as well as recovery of weapons at their instance.
24) In Modan Singh v. State of Rajasthan, MANU/SC/0126/1978 : (1978) 4 SCC 435, it was observed that where the evidence of the investigating officer who recovered the material objects is convincing, the evidence as to recovery need not be rejected on the ground that seizure witnesses did not support the prosecution version. Similar view was expressed in Mohd. Aslam v. State of Maharashtra, MANU/SC/2255/2000 : (2001) 9 SCC 362. In Anter Singh v. State of Rajasthan, MANU/SC/0096/2004 : (2004) 10 SCC 657, it was further held that even if panch witnesses turn hostile, which happens very often in criminal cases, the evidence of the person who effected the recovery would not stand vitiated.
25) This Court has held in large number of cases that merely because the panch-witnesses have turned hostile is no ground to reject the evidence if the same is based on the testimony of the Investigating Officer alone. In the instant case, it is not the case of defence that the testimony of Investigating Officer suffer from any infirmity or doubt. [Vide Modan Singh's case (supra) Krishna Gopal's case (supra) and Anter Singh's case (supra)]"
33. All recovery panchanamas by which weapons were recovered at the instance of appellant/accused shows that P.W.15 P.I. Suryawanshi, P.W.13-A.P.I. Bhalsing and P.W.12-A.P.I. Vibhandik have used paper seals while sealing bloodstained weapons recovered at the instance of appellants. Cross-examination of P.W.15-P.I. Suryawanshi throws light on this aspect. It makes it clear that those weapons were separately wrapped in separate papers and then labels under signatures of panchas and investigating officers were affixed on those bundles. This procedure is sought to be criticized by placing reliance on the judgment of this Court in the matter of Malhari Gopal Bhoval & Ors. (Supra). It is observed in the said case that non-sealing of articles at the spot is a serious infirmity because possibility of tampering with said articles cannot be ruled out. However, in the case in hand, it cannot be said that recovered weapons were not sealed. In-fact, perusal of contents of duly proved recovery panchanamas as well as the evidence coming on record from cross-examination of P.W.15-P.I. Suryawanshi goes to show that weapons were separately wrapped in papers and paper seals containing signatures of Investigating Officers and panch witnesses were affixed to those bundles. There is no cross-examination of official witnesses seizing those weapons to demonstrate that when those weapons were sent for chemical analysis, paper seals were in broken condition. On the contrary, C.A. reports (Exh. 162, 163, 164, 165, 166, 167, 168, 169 and 170) shows that the Forensic Science Laboratory has received sealed packets with seals intact. There is no rule of law that sealing must be done by wax seal and sealing by paper seal is not permissible. Ultimately, there should be a reasonable doubt about tampering of seized bloodstained articles/weapons. Such doubt cannot be an imaginary, trivial or merely possible doubt. It should be a fair doubt based upon reason and common sense. When C.A. report shows that seized articles were received by the Forensic Science Laboratory in sealed condition with seals in-tact, then it cannot be said that there was possibility of tampering with seized articles/weapons. We, therefore, are unable to accept arguments of learned Counsel for appellants that because of non-sealing of articles/weapons by a wax seal, seized weapons were susceptible to tampering and therefore C.A. Reports are of no use to infer guilt of appellants.
34. It was sought to be argued that weapons stated to be recovered at the instance of appellant/accused No. 1-Sameer and appellant/accused No. 6-Ajit Ghanekar were found at open space accessible to all and therefore the recovery is doubtful. In Mehbub Malek & Ors. v. State of Gujarat MANU/SC/1637/1996 : (1996) 10 SCC 480, there was recovery of Gupti at the instance of the accused from dilapidated building and it was concealed below hip of earth. It was held that this recovery cannot be disbelieved merely because the said house was open place accessible to all. In the case in hand also recoveries at the instance of appellant/accused No. 1-Sameer and appellant/accused No. 6-Ajit were from the thicket and weapons were ultimately found to be stained with human blood. Recovery panchanamas do show that both these accused were knowing places where those weapons were hidden. As such, merely because the places from where recoveries were effected were open places, it cannot be said that recoveries are doubtful. Ultimately after chemical analysis, those weapons were found to be stained with human blood of "AB" group which happens to be the blood group of the deceased.
35. For these reasons, we hold that the prosecution has successfully proved seizure of clothes of appellants/accused and recovery of weapons from them. Those clothes and weapons were sent for chemical analysis along with other seized articles including bloodstained clothes of deceased Pradeep. C.A. report at Exh. 120 shows that seized clothes of appellant/accused No. 1-Sameer, appellant/accused No. 2-Ganesh, appellant/accused No. 3-Nilesh, appellant/accused No. 4-Pravin, appellant/accused No. 5-Shailesh and appellant/accused No. 6-Ajit were stained with human blood. Blood of AB group was found on T-Shirt of appellant/accused No. 4-Pravin and seized baniyan of appellant/accused No. 5-Shailesh. C.A. Report at Exh. 164 shows that result of chemical analysis of post-mortem, blood of deceased Pradeep is inconclusive. However, there was profuse bleeding from his wounds. His clothes were literally drenched with his blood. Report of chemical analysis of his seized clothes at Exh. 120 shows that blood of group "AB" was found on those clothes of the deceased. Hence, it needs to be concluded that deceased Pradeep was having blood of AB group. Finding of human blood on seized clothes of appellants/accused as such is an incriminating circumstance and this forensic evidence corroborates the version of eye witness P.W.2-Kalyani.
36. Similarly blood of AB group was found on seized Koyta, Sword, Kukree and Sattoor recovered at the instance of appellant/accused No. 1-Sameer, appellant/accused No. 6-Ajit, appellant/accused No. 2-Ganesh and appellant/accused No. 5-Shailesh. The sword seized at the instance of appellant/accused No. 3-Nilesh Hiwale was found to be having human blood. This forensic evidence supports the case of prosecution and duly corroborates the version of P.W.2-Kalyani. This incriminating evidence connects appellants to the murder of deceased Pradeep Shinde.
37. After their arrest, appellant/accused No. 2-Ganesh and appellant/accused No. 6-Ajit were subjected to medical examination because of finding of injuries on their palm. Evidence of P.W.11-Dr. Pedgaonkar, which is duly corroborated by contemporaneous medical certificates at Exhs. 110 & 111 shows that appellant/accused No. 2-Ganesh was having incised wound to right side of palm thumb base of size 3 x 1/2 cm. Appellant/accused No. 6-Ajit was having incised wound on left side of palm thumb palmer aspect of size 1/2 x 1/2 cm. apart from abrasion to left side palm ring finger dorsal aspect. These injuries are probable due to handling of sharp edged weapon in the incident of murderous assault and as such this is an additional factor which is corroborating the version of P.W.2-Kalyani.
38. In the result, even on re-appreciation of evidence adduced by prosecution, we are in full agreement with the findings of guilt of appellants/accused recorded by the learned Trial Court. The evidence on record unerringly points out that appellants/accused Nos. 1 to 6 had formed an unlawful assembly with common object of murdering Pradeep Shinde and in furtherance of that common object, armed with deadly weapons, they implemented said common object by murderous assault on Pradeep Shinde at Bafna Petrol Pump as well as in the lane of Siddhi Vinayak Video Parlour near that petrol pump. As such, with ample trustworthy evidence against appellants/accused, the prosecution is successful in proving guilt of appellant/accused for offence punishable under sections 147, 148 and 302 read with section 149 of the Indian Penal Code. We are unable to accept the case of the appellants. We are satisfied that appellants are rightly convicted and sentenced by the learned Trial Court. Appeals are, therefore, devoid of any merits and consequently they are dismissed.


text:
General / Uncategorized
The Serious and the Mucus Musings of October
October 16, 2012 at 11:37pm
These are exciting times in the local healthcare fraternity. We are not talking about groundbreaking research being performed by A*STAR whales or the renovations that are underway in the Most Expensive Old Hospital so that doctors can admit their patients to the Most Expensive New Hospital.
We are talking about the reproductive process. At the Singapore Gonad, sorry, I mean, General Hospital no less. We have ex-senior civil servants purported having sex in a carpark somewhere on the hospital campus. Now this is a true mystery to me. The Hospital is a 24-7 place where there are busy people working on shifts and family members and friends visiting patients round the clock. And the car-parks are reasonably well-lit, even for the multi-storey carpark located in the equivalent of Siberia within the campus. How do you have coitus discretus in a hospital carpark? Unless it's the one in the mortuary…..or the one across the street behind the big white building. Some of those guys working in that building are so brain dead that they wouldn't notice two humpback whales humping in the carpark if they walked past them. Your only worry is if a helicopter suddenly lands next to you.
And there is also this mention about a carpark near a women and children hospital. You may want to deliver your baby there, but seriously, you don't need to "do the do" near it. Personally thinking, I think the carpark at IMH has the best ambience. But that's the psychotic side of me speaking.
You would have noticed that the carparks at private hospital have been ignored by the SP and chip folks. That's because at the rates the private hospitals are charging, you might as well check into a room in a six-star hotel.
So much for the mucus stuff. Now for the serious.The SMC elections are underway again. Please remember to vote.
Anyway, I know a chap who is so disillusioned with the whole thing he voted "00" three times. I am more optimistic. I voted for the person I didn't know so that should I ever need to appear before SMC, at least there is one SMC doctor who can chair the disciplinary tribunal instead of getting a senior lawyer or retired judge. Then they can't all claim they know this Hobbit and stuff me with a lawyer chairperson.
Speaking of SMC, it's has been in the news recently. And if I may say, for the wrong reasons. Some of its work has been described as "legally embarrassing". As a doctor, this hobbit has absolutely no clue what is "legally embarrassing". But I can give examples of what I think are "medically embarrassing" situations:
You prescribe Propecia to a bald monk
When a female patient complains of urinary urgency, you attempt a per rectal prostate examination on her
You certify someone as dead and he/she comes back to life
In most medically embarrassing cases, I think the doctor will waive their fees or at least offer a big discount. I am not sure what applies in "legally embarrassing" situations. Maybe the lawyers can advise us.
Anyway, the SMC just issued a press release stating that the two cases that had been cited as controversial were processed under the old Medical Regsistration Act (MRA) and new cases will come under the new and better MRA that was amended recently. I have read through the press release and this Hobbit is still unsure how these new changes in the amended MRA will prevent similarly legally embarrassing situations from happening again. They said having a retired judge or senior lawyer on the Disciplinary Tribunal (DT) will improve things. Maybe they will. But how are these learned ladies and gentlemen going to prevent legally embarrassing charges from being drafted? Are they supposed to help in the drafting of charges and also to judge the case as well? I hope not.
I am no great fan of aesthetic medicine. Having said that, the SMC action to apply to the High Court to set aside the Disciplinary Committees' previous decisions on two doctors practicing aesthetic medicine is to be welcomed. The next question that should be asked is who should pay for the legal costs of all parties of what are now legally embarrassing efforts? It would seem grossly unfair if the two doctors have to pay. If SMC pays, it means all registered medical practitioners end up paying and perhaps increase in subscriptions if SMC cannot balance its books. Guess who gains from these legally embarrassing cases?
Finally, the SMC press release stated a Review Committee will be formed. It will be chaired by a senior doctor and assisted by a senior legal practitioner and will comprise senior doctors and other legal practitioners. That's good news. This hobbit has a few serious suggestions to make:
The doctors, especially the Chairman on this Committee should be doctors in active practice, in touch with what is happening, especially in the private sector, since many SMC cases involve the private sector.
The doctors in this Committee should not be current or recent SMC Presidents, Registrars, Secretaries, members or even SMC lawyers. You can't review yourself objectively. They should be at best resource persons
This Committee should present its findings and recommendations publicly
The ultimate decision to accept or reject the Committee's recommendations should rest with the Minister for Health and not anyone now in SMC.
All new SMC members must undergo substantial training in ethical principles of medicine and legal processes. All our trainees and residents take a two day ethics course organised by the SMA before they can exit. How many days of training do these new SMC members get?
Maybe we should get the Legal Service to permanently second a legal officer with DPP experience to help SMC draft charges and SMC can stop relying on law firms to do so. The legal officer is probably more experienced in drafting charges and cheaper.
As readers of this column will know, this Hobbit rarely if ever says anything serious. But things in SMC are really at the cross-roads now and even this super –idle hobbit feels compelled to make these serious suggestions.
Finally, a word on residency. All of you know how this Hobbit feels about the residency that we have adopted from the American system. To underscore how hugely complex the American residency is, the latest Nobel Laureate in Economics actually wrote a landmark 49-page paper on how residency applicants are matched with training positions in the USA: "The Redesign of the Matching Market for American Physicians: Some Engineering Aspects of Economic Design" by Alvin E. Roth (one of two of this year's Nobel Laureate for Economics) and Elliott Peranson (American Economic Review, Vol 89 (1999) pp 748-780). It is a fascinating read on how complex things can be in America. I think I will just settle for the good old days when Chee Yam Cheng and his PA settled all HO and MO postings in a small corner of MOH. Maybe we should nominate him for Nobel Prize for Economics and Medicine next year. Simplicity and elegance:- We don't see that often nowadays.
September's Scattered Thoughts
Top 10 Questions Related to SMC Best Left Unanswered for 2012


text:
zzz
// expected-no-diagnostics
extern bool x;

redpajama_set_name: RedPajamaGithub


text:
Q: Form inserts empty field in Database even though the field is made compulsory I have a simple form with a few compulsory fields such as Name and Email. Email has the standard validation checking that comes with form.
But somehow, a user entered something in the email field that got stored as an empty value in the database email field for that record.
I am unable to replicate the scenario. Whatever I try, the validation message pops up saying that I need to enter an "@" and something after @.
What value when entered into email field will get accepted and get stored as empty value in database?

redpajama_set_name: RedPajamaStackExchange


Simple customization (company logo and/or name) is available on 100+ identical Hardcover Notebooks, while full customization is available on 500+ identical Hardcover Notebooks.
This isn't something we formally offer on the site, but if you are interested and want to find out more please contact us.
We are looking at various customization options for the future, so stay tuned!


'Christine' in Decorative Group is in The World Dahlia Directory of over 57,000 dahlias. Introduced in 1991.
Bright Pink with a light centre in July-October. Bloom size is 4-6 inches (10-15 cms) across.
"Bright pink with a light centre. Dark stems. Height 75cm. Medium Bloom" from R. V. Roger.


← Missouri Man Files $100 Million Wrongful Imprisonment Suit After Murder Conviction Overturned.
UFC Star Blames Food Poisoning For Disappointing Loss.
Diego Sanchez, one of the winners of the first season of Ultimate Fighter, claims that his loss to Myles Jury at UFC 171 was due to food poisoning that he got as a result of eating beef tartar with a raw quail egg as an appetizer at dinner after weigh-ins.
After his loss to Jury, who is now 14-0, Sanchez tweeted, "I wasn't my self last night I sustained Food poisoning from eating a beef tar tar with raw quail egg as a appetizer at dinner." He followed his first tweet up by tweeting, "This was my own mistake I ordered it thinking I need red meat but raw was the wrong choice, I threw up first at at 2am & all day fight day." He finished by tweeting, "This was not part of @TheDolceDiet I screwed my self! I thought because I had done everything do perfect I could sway a little & it cost me," and then posted a link substantiating his claims in a subsequent tweet.
Consumption of raw or undercooked meat can result in food poisoning, which can cause serious injuries and even wrongful death. If you or someone you love has contracted a food borne illness after eating improperly stored, prepared or undercooked meat, please call today to speak with one of our experienced attorneys to determine if you are entitled to relief. Please call 617-787-3700 or email info@gilhoylaw.com, 24 hours a day, 7 days a week, to speak with an expert Massachusetts food contamination attorney, Massachusetts personal injury attorney or Massachusetts wrongful death attorney.
If you would like to speak with an attorney who has successfully tried hundreds of Massachusetts personal injury cases, call 617-787-3700 for a free, confidential consultation with one of our highly skilled Boston, MA food poisoning lawyers, Boston personal injury lawyers or Boston, MA wrongful death lawyers.
This entry was posted in Boston Accident Injury Lawyer, Boston Contaminated Food Lawyer, Boston Negligence Lawyer, Boston Personal Injury Lawyer. Bookmark the permalink.


text:
Star Trek: Traitor Winds (1994) – L.A. Graf
This week's Trek novel takes us back to the The Lost Years, those years set between the end of the Enterprise's original five year mission, and the events of Star Trek: The Motion Picture. While some of the crew are wandering around in their TOS uniforms, the new uniforms are present as well. This time…
Star Trek: Deep Space Nine (1996) – The Muse, and For the Cause
Station log: stardate unknown Rene Echevarria writes the script for this episode form a story by Echevarria and Majel Barrett Roddenberry. It originally aired on 29 April, 1996. Honestly, I knew this one was gonna be a little bad. I think Lwaxanna Troi (Barrett Roddenberry) has overstayed her welcome as a character. This time she…
Star Trek: The Animated Series (1973) – The Terratin Incident, The Time Trap, and The Ambergris Element
Captain's log: stardate 5577.3 The Terratin Incident was written by Paul Schneider and was first broadcast on 17 November, 1973. The Enterprise receives a transmission from Celephus, following the transmission is a flash of light, which disables all the dilithium aboard ship. Added to the problem that the ship is losing power is the fact…
Star Trek: The Original Series (1966) -The Conscience of the King and Balance of Terror
Captain's Log: Stardate 2817.6 The Conscience of the King, taken from a line in Hamlet (the series has a wonderful relationship with the Bard), was a bit of a murder mystery that didn't quite engage with me when I was younger, but has grown on me since. Written by Barry Trivers, this had an original…
Star Trek: The Original Series (1966) -Where No Man Has Gone Before and The Naked Time
Captain's Log: Stardate 1312.4 The famed second pilot for the proposed series, Where No Man Has Gone Before was written by Samuel Peeples from Gene Roddenberry's creation and found its way to the television sets everywhere on 22 September, 1966. This was an episode that I loved, and continue to love. It fostered the sense…
TIFF Bell Lightbox Celebrates 50 Years of Star Trek
Space, the final frontier… Star Trek has been a part of my life for a long time, wait until you see the posts that are coming up next Wednesday if you don't believe me! The iconic series has transcended geekdom and become a mainstream touchstone, even those who have never seen the show are aware…


text:
<?php

class BlogCommentPeer extends BaseBlogCommentPeer
{
}


text:
Dr. Jayleen Galarza Shares Her Experience
November 8, 2018 The Stroud Courier News 0
Photo Credit / Edita Bardhi Keynote Speaker Dr. Jayleen Galarza drew a large crowd at Beers Lecture Hall.
Edita Bardhi
Opinion Editor
Sponsored by ESU's Gender and Sexuality Center and co-sponsored by the Sociology Social Work, and Criminal Justice Department, and Nu Colors, Dr. Jayleen Galarza, associate professor of social work and gerontology at Shippensburg University, came to ESU as our LGBTQ History Month Keynote Speaker late last month.
Her discussion titled, "My So-Called Queer Latina Life: In Search of Authenticity, Connection, and Justice," was held in Beers Lecture Hall at 7 p.m.
What does it mean to identify as a queer person of color in today's social and political climate?
To a full crowd, Dr. Galarza spoke about the concerns many Latinas come across when learning about their true selves as well as how they are viewed by society.
As her title suggests, Galarza shared her personal experiences to discuss this subject matter. She began by sharing how, at the start of a young age, she felt different amongst the rest of her peers.
Often, her skin-tone did not earn her acceptance from the Puerto-Ricans or the Whites. She clarified in her speech that both remarked she was not enough to fit the heritage. She also had the capability to understand, read and write in Spanish, but she was influent in speaking the language. This too was not of help toward finding her identity.
Regardless, Galarza was determined to find herself. Particularly, she aimed to find her space where she felt the most connected.
Her decision to concentrate on that goal and even pursue an education became a difficult task. She first attended EastStroudsburg University and graduated with a degree in English in 2006. Then, she continued her education at Widener University from 2009 to 2013 where she earned her degree in Clinical Social Work (2009) and her M.Ed. and Ph.D. in Human Sexuality (2011, 2013).
Within this time, she continued to face difficulty meeting individuals who were like her. Yet, between the nine years spent at ESU taking classes in high school and later pursuing a degree here, she felt most at home.
"ESU is my home space," said Galarza.
The nine years spent at ESU led Galarza to realize the meaning of being queer as well as Latina. It first began with Intersexuality.
According to Galarza, she understood that black feminism is examining the dynamics that navigate both identities and spaces of women of color. Particularly, the dynamics examined shows how things are perceived in society.
She also mentioned how the power and experience included in these dynamics are different from each other.
"We are not actually trying to push away our experiences. We are actually trying to own our power and use it as a space of resistance," said Galarza.
Galarza told her audience that a queer woman of color must speak of many things, not just one. These include heterosexism, homophobia, racism and much more.
Her determination to find herself led to her interest in learning what it meant to be a queer Latina. As she helped her community, she proposed many ideas on the matter; however, they were very much rejected.
This did not stop her. Her determination to find herself encouraged her to speak up. It was clear to Galarza that she would benefit from speaking up, particularly from the Modern-Day Rights Movement.
Throughout this time, Galarza traveled around the area to find individuals like her. Her goal was to gather as much information she could on what it meant to be a queer Latina.
By the end, she found five themes. They include: Influence of Family, Impact of Religion, Navigating Multiple Communities, Politics of Identities and Finding an Authentic Self.
All these were impactful toward queer Latinas. Some sacrificed expressing their gender and sexuality for their families. Particularly, gender, sexuality, authenticity and race were difficult to understand for families, but family was important.
"In Spanish, there is no word for 'queer.' So, I am going to say 'lesbian' because that makes sense to most people and I can say it. But, it doesn't quite capture my identity, but that's okay," said Galarza.
To Galarza, home space was important. For the longest time, she was able to connect to people through music, food, childhood and story. Yet, she still struggled to connect with other LGBTQ spaces.
Soon after, she realized that she must be careful amongst other individuals. Specifically, her identity could be mistreated, and she and her family would be hurt.
"These are very real things that almost everybody in LGBTQ spaces has to navigate, but especially as a queer person of color you must also contend with homophobia and racism in the community as well," said Galarza.
Despite her challenges, Galarza has privileges. These privileges include being a sex-gender woman, being a feminism preventing sex-gender woman, speaking 'white,' having a Ph.D. and getting a ten-year promotion. All this gives much protection amongst the possible violence.
This led Galarza to her last point: keeping the LGBTQ community safe. She wanted to be certain ESU and all colleges have the resources for this. She then concluded her discussion with, "Find your people."
By 8 p.m., Beers Lecture Hall was still crowded and ESU students and faculty members were engaged upon the learnings as Q&A began.
One student from the audience asked, "Have you found your space?"
"I feel like an event like this is very important. The topic of sexuality is often overlooked because it's like, "oh, it talked about LGBTQ Rights are good.' Just highlighting that there are so many overlaps to someone's identity. Often, they are not just white, they are also a woman. Or they are not just queer, they are also black," said Makayla McCloskey, a senior majoring in Early Education.
"For queer Latinas, there is a uniqueness in how folks have to navigate the world in terms of the ways in which they have to manage identities, experiences and negotiate culture. For some people, they would rather find a connection in a cultural ethnic community in predominately LGBTQ spaces. My hope is that there are more spaces and more understandings of people of color and find ways to use their voices," said Galarza.
Email Edita at:
ebardhi@live.esu.edu
Criminal Justice Department, Dr. Jayleen Galarza, Edita Bardhi, feminism, Gender and Sexuality Center, LGBTQ, Nu Colors, Sociology Social Work


text:
Typhoon Survival Guide
Activate your online account.
View the E-Newspaper
Expert: Tax preparer botched ex-GHURA lawyer's returns
Lawyers in the Mark Smith case are at odds over the defense's expert report. Smith was indicted on charges of money laundering and wire fraud.
Expert: Tax preparer botched ex-GHURA lawyer's returns Lawyers in the Mark Smith case are at odds over the defense's expert report. Smith was indicted on charges of money laundering and wire fraud. Check out this story on guampdn.com: http://www.guampdn.com/story/news/2017/09/07/expert-tax-preparer-botched-ex-ghura-lawyers-returns/636446001/
Jasmine Stole , jstole@guampdn.com Published 2:09 p.m. ChT Sept. 7, 2017 | Updated 4:22 p.m. ChT Sept. 7, 2017
In March 29 file photo, attorney Mark Smith, center, walks hand-in-hand with ex-wife Clare Calvo as they are led into the District Court of Guam building by his attorney, David Lujan.(Photo: PDN file photo)
Federal prosecutors don't want a report by certified public accountant Stanley Wilson to be used in the trial of former Guam Housing and Urban Renewal Authority legal counsel Mark S. Smith.
Chief Judge Ramona Manglona will decide by Sept. 11 whether or not Wilson's report, which is related to the tax returns of Smith and his co-defendant, Glenn D. Wong, will be allowed in the case.
Smith and his friend, Wong, were indicted in March on multiple counts of money laundering, wire fraud and other crimes in connection with rental properties Smith reportedly owned and controlled. They both pleaded not guilty.
Smith was a landlord with the U.S. Housing and Urban Development's Section 8 program, which GHURA administers locally. While serving as GHURA's legal counsel Smith was prohibited from directly or indirectly getting any Section 8 housing payments, the indictment states.
Smith reportedly received more than $379,000 of housing payments between March 2011and May 2014, the indictment states
Defense attorney says HUD officials found ex-GHURA lawyer Mark Smith had no conflict
GHURA attorney indicted on money laundering, theft and wire fraud charges
Smith allegedly transferred properties to Wong, who would get housing payments and distribute the money to Smith, according to the indictment.
Assistant U.S. Attorney Marivic David asked the court to exclude defense expert Wilson's report, stating that Wilson's report is hearsay, irrelevant and would be misleading to the jury.
Wilson was hired by the defense to review tax returns from Smith and Wong, the report states. Wilson is credentialed and used established practices to examine Smith and Wong's tax returns, according to the defense.
According to defense attorneys, Wilson's report would help the jury evaluate thousands of pages of tax documents. In his June 19 report, Wilson wrote that Smith relied on Patrick Heinz to do his tax returns, from 2010 through 2013.
"Mr. Heinz did a very poor job on the returns," Wilson wrote. "The Heinz-prepared returns did not show rental income, even when previous returns did. This is a sure sign that the individual who prepared the returns was not competent."
Trial in the case is scheduled to begin Sept. 11.
Read or Share this story: http://www.guampdn.com/story/news/2017/09/07/expert-tax-preparer-botched-ex-ghura-lawyers-returns/636446001/
Traffic backed up in East Hagåtña due to crash
GPD: Six people involved in string of burglaries
GPD: Airport police officer arrested
Police officer killed in Hawaii was from Guam
GPD officer pleads not guilty in wallet theft
Another priest named for first time in abuse case
Subscribe to Guam PDN
Guam Elections 2018
Linala Chamoru
Funeral Advertising Announcements
Bisita Guahan
IslandStyle
Guam Foodie
© 2020 Pacific Daily News, a division of Gannett Company, Inc.
Cars.com Hagatna


text:
Jake Owen reveals that he has given up alcohol: "The people I love most deserve better"
August 1, 2022 by WDNY Radio
ABC/Randy Holmes
When Jake Owen goes "Down to the Honkytonk" these days, he sticks to water.
The singer opened up about his sobriety journey in a social media post this week and explained that he's hoping his story can be helpful to somebody else.
"317 days ago I embarrassed myself after drinking too much alcohol one night," he says at the beginning of his post. "It wasn't the first time, either. The next day, I told myself, 'Never again.'"
Alongside his message, the singer posted a white square reading "Sober 316 days" — which is a little over 10 months. Jake goes on to detail his motivation for getting sober, saying that his daughters Pearl and Paris are a big part of what inspired him to give up drinking.
"I am better than that, and the people I love the most deserve better," Jake continues. "My family, my little girls and my friends."
As he concluded his post, the singer also shared a message of hope for anybody who might be struggling with substance use.
"This is what revolution looks like": 'Star Wars' series 'Andor' drops full trailer
Women's health doctors say they feel increased scrutiny amid abortion bans