crime scenes that we read of .... the Prosecution and ..... appeal !!!!

One would have observed the fun in the name(s) of ‘Vadivelu’  Some of his characters are named as : Snake babu, Vandu Murugan, Nai Sekar, Theepporri Thirumugam, Telex Pandian……….in one of his films, he would proclaim himself to be a rowdy and would ask the Police to arrest him.. his common dialogue is ‘every rowdy needs a prefix [adaimozhi] to distinguish himself from others and become famous [notorious to be precise!]’… ‘Neeravi Murugan’ was in news – with that video doing rounds in You Tube, WA and other Social media – that of a woman being robbed at knife point on a road in Thuraipakkam in mid-noon.  It was unnerving to see the man  holding a big knife as the terrified woman takes off her jewellery and hands over the pieces.  After grabbing the gold, the man was seen jumping onto a bike driven by an accomplice and coolly getting away.   He was caught by Police,  dramatically fell at the feet of his victim in identification, and later in trying to escape from Police broke his leg !  

the bag snatching comedy from Kalakalappu !

We do read about crimes and forget them in a short time.  Getting them convicted in a long tedious process – it appears.  We have read about politicians and civil cases going on appeal against the judgment of lower court.  An appellate court,  [court of appeals] is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a Supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts.

Here is a Criminal case in the High Court of Judicature decided in Feb 2010. The  Criminal Appeal arose  out of the judgment of conviction and sentence passed by  Sessions Judge in 2003 convicting  the accused for the offence under Section 397 IPC and sentencing each of them to undergo rigorous imprisonment for seven years.  In June 2002, a loadman residing at Varadamuthiappan Street, Chennai  purchased 1-1/2 sovereigns of gold chain from a jewellery shop and returned to his lorry shed.  He was robbed at knife point.   He raised alarm, some members of the public chased and caught them red-handed.   A complaint was lodged with the Police who arrested the accused and charged them under Section 397 IPC read with Section 34 IPC.

The trial Court, after following the procedures, framed charge against the accused for the offence u/s Sec. 397 IPC, to which the accused pleaded not guilty.  The trial Court, upon considering the oral and documentary evidence, convicted and sentenced the accused. 

At the appeal, the Counsel contended that the appellant was not guilty of the offence and he did not possess the knife.   The  Prosecution contended that the accused had the motive to commit robbery and threatened the victim at knife point.  Considering the evidences  being cogent, natural and trustworthy and  the fact that  accused  was caught red-handed, the Hon’ble Court considered it of Section 397 IPC, which reads as follows:  **  Robbery, or dacoity, with attempt to cause death or grievous hurt: If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years."**

Extortion is "robbery", if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

The Court considering  evidence of  witnesses that A1 alone used the knife  and A.2 did not possess any deadly weapon, set aside the conviction of the Trial Court and stated that appellant is  found guilty of the offence under Section 395 IPC [punishment for dacoity], the Court reduced the sentence  from seven years to five years' rigorous imprisonment and dismissed the criminal appeal.   As the appellant was on bail, the Court directed to take steps to secure his custody to undergo the remaining period of sentence. It also ruled that the period of imprisonment already undergone by the appellant/A.2, shall be set-off under Section 428 Cr.P.C.

With regards – S. Sampathkumar

5^th Mar 2015.

the very aggressive 'Auroch' cattle ~ brought back by Adolf Hitler after 4000 years !!!

Humans have depended on cattle for centuries …. Among the most common type of large domesticated cattle are cows … of the subfamily Bovinae, the most widespread species of the genus Bos.  Cattle are raised as livestock, as dairy animals for milk and other dairy products, and as draft animals too.  To us a healthy cow would be one with great looks, horns and a hump. 

milch cow - cattle that are reared for their milk.  In Triplicane, the land of Sri Krishna, cattle are aplenty – freely roaming on the streets.  Cows are timid and frightening at times; while buffaloes move slowly unfazed by the traffic around.  This particular cow somehow impresses me – at the same time, its horn do send a message of threat. 

The aurochs, also urus (Bos primigenius), is an extinct type of large wild cattle that inhabited Europe, Asia and North Africa. It is the ancestor of domestic cattle. The species survived in Europe until the last recorded aurochs died in the Jaktorów Forest, Poland in 1627.  During the Neolithic Revolution, which occurred during the early Holocene, there were at least two aurochs domestication events: one related to the Indian subspecies, leading to zebu cattle; the other one related to the Eurasian subspecies, leading to taurine cattle. A couple of months back read an interesting article in MailOnline on a farmer being forced to get  rid of Hitler's Nazi cows because ultra-aggressive breed tried to kill staff. 

Farmer Derek Gow imported 13 'Heck' cattle from Belgium to Lifton, Devon.  Derek Gow, runs Upcott Grange Farm in Lifton, Devon – the imported  Auroch cows are  known as 'Nazi cows'.    The once-extinct Aurochs were brought back to life by Adolf Hitler's scientists in the 1930s after officially dying out 4,000 years ago.

The half-tonne cattle died out in Britain 4,000 years ago but remained widespread across much of Europe until the 1600s.  However, they were finally wiped out in 1627 after they were hunted to extinction for their horns, hide and meat. They were saved in the early 1930s when Hitler wanted to recreate the breed to evoke the power of the 'runes, folklore and legends of the Germanic peoples'. Heinz and Lutz Heck found their descendants in a cattle from the Scottish Highlands, Corsica and the French Camargue, as well as Spanish fighting bulls. They then identified the particular Auroch gene, which they were able to use to bring them back from the 'dead'. The cows were later transported to game parks in Schorfheide near Berlin, and the Neander Valley in Dusseldorf.  Hitler saw the 'super cows' as a symbol of German and Aryan might and tasked leading geneticists, brothers Heinz and Lutz Heck, to bring the Aurochs 'back into existence'.

The Hecks' programme at zoos in Berlin and Munich was so successful that the new Aurochs flourished and were used in propaganda material during the Second World War.  They arrived in Britain for the first time in 2009 when farmer Derek Gow imported 13 'Heck' cattle from Belgium to his Upcott Grange Farm in Lifton, Devon.  It was the first time the creatures had set foot on British soil since the Bronze Age.  Now, Gow has been forced to get rid of seven of the cows as he could not handle their 'incredibly aggressive' nature.  He offered to give them back to reserve from which they came, but they didn't want them so they have now been sent to an abattoir.

He said: 'The ones we had to get rid of would just attack you any chance they could. They would try to kill anyone. Dealing with that was not a lot of fun at all. 'I have worked with a range of different animals from bison to deer and I have never come across anything like these. 'They are by far and away the most aggressive animals I have ever worked with.  Mr Gow said: 'The Aurochs were wild bulls. Julius Caesar recorded them as being bulls as big as elephants. 'Young men hunted these bulls as preparation for battle and leadership in war, but also to obtain these huge 6ft-wide horns that the bulls had as drinking vessels and war horns. They were huge trophies.'

'Some were perfectly calm and quiet and they are the ones we have kept. The others you could not go near. 'We made sure no-one went near them so there were never any incidents. To get them into the trailer to get them off the farm we used a young and very athletic young man to stand on the ramp and they charged at him before he quickly jumped out the way. 'They were so aggressive, that was the only way. But that was as near as they came. No-one else went anywhere near them.

'When the Germans were selecting them to create this animal they used Spanish fighting cattle to give them the shape and ferocity they wanted. 'The reason the Nazis were so supportive of the project is they wanted them to be fierce and aggressive. Mr Gow is quoted as saying that  his cows were slightly shorter than the original Aurochs, but retain their ancestors' muscular build, deep brown complexion, and shaggy coffee-coloured fringe. He added that after the aggressive ones have gone, the farm is peaceful again.  The cattle, which have lethal-looking horns and a muscular build, are unlike any modern commercial breed of cow.

With regards – S. Sampathkumar

9^th April 2015.

Oregon ranchers asked to pay damages ~ Tibetan Mastiffs to be debarked !!

‘Barking dogs seldom bite’ – Proverb means – not to be afraid of dogs that bark at people 0r not to worry of people who threaten – for they are unlikely to take further action !!!! ...... the common Q is does the dog know this proverb ?

Elsewhere in Oregon, a couple - John Updegraff and Karen Szewc have  been ordered to pay their neighbours for years of being annoyed by their barking dogs.   Their neighbours,  Dale and Debra Krein, filed suit in 2012 in Jackson County Circuit Court due to what they claimed was “ceaseless barking” by the dogs, according to the Mail Tribune. Two other neighbors also filed suit at the time, but were later dismissed as plaintiffs.  On April 2, 2015, a jury decided in favour of the Kreins, awarding them $238,900 in damages for what the Krieins say was more than a decade of listening to the dogs bark. The Kreins also sought to prevent Updegraff and Szewc from keeping any dogs on their property, but the court found against them in that injunction.

illustrative photo of a Tibetan Mastiff

Updegraff and Szewc claim that the Tibetan mastiffs they owned were necessary to protect their livestock from predators, but the court found that the dogs were not suited to be livestock dogs, and in addition to awarding the Kreins a huge settlement, ordered that the dogs be debarked or replaced with a suitable breed within 60 days.

The Tibetan Mastiff’ is an ancient breed and type of large domestic dog (Canis lupus familiaris) originating with nomadic cultures of Tibet, China, Nepal, and India.   Nomadic families have long used mastiffs as nocturnal sentries against livestock thieves and marauding wolves. A primitive breed with a deep guttural bark, they are inured to harsh winters and the thin oxygen of the high-altitude grasslands.  I had earlier posted on a Chinese millionaire by name Wang  buying a Tibetan Mastiff for a whopping £350,000 in 2011  –Rs. 3.28 crores at today’s exchange and how in  a couple of years, the value has diminished leading to many Mastiffs remaining with the breeders, unsold.

Devocalization (also known as vocal cordectomy) when performed on dogs is commonly known as debarking or bark softening -  is a surgical procedure  where tissue is removed from the animal’s vocal cords to permanently reduce the volume of their vocalizations.  Debarked dogs continue to bark, but at a much reduced volume. 

The Oregon ranchers  are  forced to subject their massive Tibetan mastiffs to the controversial “debarking” procedure after losing a lawsuit, according to a court ruling.  Her army of dogs at Liongate Farm, whose names are Squirt, Ronan, Kya and Trila, protect their flock of sheep and goats from predators, such as the cougars spotted near their Rogue River home as of late.

Devocalization for dogs is illegal in Massachusetts, Maryland, New Jersey, Ohio and Pennsylvania, but is allowed in some situations when medically required for the pet’s health. The court order is part of last week’s injunction that deemed the dogs ill-suited as “livestock guardians.”

Animal activists with PETA call the procedure “a surgery for human convenience.” “Many veterinarians condemn this surgery and refuse to perform it because it produces post-operative pain.

Besides the dog, there is also deers that bark.... Muntjacs,  are  known as barking deer,  a  small deer of the genus Muntiacus. Muntjacs are the oldest known deer, thought to have begun appearing  million years ago.  Muntjacs are called "barking deer" due to the dog-like calls they sometimes emit to warn their friends and family members of danger.

With regards – S. Sampathkumar

20^th Apr 2015.

National Gallery bans 'selfie sticks'

Amour-propre (French, "self-love") is a concept in the philosophy of Jean-Jacques Rousseau that esteem depends upon the opinion of others.

Narcissism (noun) means : inordinate fascination with oneself; excessive self-love; vanity.

What do people do when they are in groups ?  what do they do, when they are in an important place or scenic location or nearer celebrities ... simple – take ‘Selfie’ and immediately share them on social networking sites !  Selfie is ‘át arms length’ – meaning one can only extent the camera or cellphone to arm’s length and contrive an angle to take a photograph !

How good are you in taking a Selfie ? do they make the cut ?  - read now that  City Lit, a 96-year-old adult education center in central London, is offering a four-week course this winter called "the art of self-portraiture." The center has thousands of classes available, for everything from app-making to yoga.  For about $200, students in the class will "improve their critical understanding of the photographic self-portrait, as well as a platform to develop ideas towards the creation of a coherent body of work.  "In addition to improving their photography skills, they'll also be talking about "notions of identity, selfhood and memory."

Away in the "selfie capital of the world", the Philippines has an art museum that, instead of keeping you away from art pieces, encourages you take selfies with them and share your pictures with the world. The Art in Island in the Philippines's capital Manila uses three dimensional replicas of paintings and is rightly dubbed the planet's "first-ever selfie museum". The museum not only encourages its visitors in selfie-taking in the premises, they are also invited to touch, play with, and climb on the paintings and sculptures, The Creators Project reported.

For those enamoured with selfies, and keen to perfect the art – came the selfie stick which is criticised by some as associated  with the perceived narcissism.  A selfie stick is a monopod used to take selfie photographs by positioning a smartphone or camera beyond the normal range of the arm. The metal sticks are typically extensible, with a handle on one end and an adjustable clamp on the other end to hold a phone in place.  Some have remote or Bluetooth controls, letting the user decide when to take the picture, and models designed for cameras have a mirror behind the viewscreen so that the shot can be lined up.

The National Gallery is an art museum in Trafalgar Square in the City of Westminster, in Central London. Founded in 1824, it houses a collection of over 2,300 paintings dating from the mid-13th century to 1900.  Unlike comparable museums in continental Europe, the National Gallery was not formed by nationalising an existing royal or princely art collection. It came into being when the British government bought 38 paintings from the heirs of John Julius Angerstein, an insurance broker and patron of the arts, in 1824.

Last month came the news that National Gallery has banned ‘selfie sticks’.  The  selfie sticks, the extendable rods used by people to take photographs of themselves with mobile phones, though popular with tourists,  have now been banned in the National Gallery. The move followed bans in galleries in France and America – including the Palace of Versailles and the Museum of Modern Art in New York.  The National Gallery, which allowed cameras for the first time last year, is expelling the gadgets because they fall under the category of ‘tripods’, which are already prohibited.

Esther Saunders-Deutsch, a spokeswoman for the gallery, said: 'Photography is allowed for personal, non-commercial purposes in the National Gallery – however there are a few exceptions in order to protect paintings, copyright of loans, individual privacy and the overall visitor experience. Therefore the use of flash and tripods is not permitted. 'Our gallery assistants and visitor facing staff are fully briefed and instructed to ensure we are striking the correct balance between visitor experience and the security and safety of works on display. 'Therefore they will use their discretion on a case by case basis in preventing photography which puts the safety of the collection at risk or obstructs other visitors.'

The rods were one of the most popular Christmas gifts last year and Boris Johnson, Beyonce and Barack Obama - who used one during a video promotion at the White House - are among those seen with the devices.

With regards – S. Sampathkumar

13^th Apr 2015.