Date not established
Conviction
ConcludedThe trial court convicted the accused police personnel, as recorded in the Kerala High Court judgment.
Conviction · Supports allegation.
Source: AIR 1959 Ker 372
Not yet re-checked.
CW-1958-0005Kottayam, KeralaJudgment 17 December 1958
Kottayam Police Head Constable v. State of Kerala
The judgment of the Kerala High Court records the following account. On 29 January 1957, head constable took the drunk a Kottayam man into custody and had him lodged at Kottayam East Police Station, where both accused head constables beat him with fists, elbows and blows to the feet until he collapsed; a Kottayam man died when his diseased spleen ruptured. The Sessions Court convicted accused 1 under Sections 304(2) and 323 IPC and accused 2 under Section 323 IPC. The Kerala High Court believed six constable eyewitnesses that both officers joined in belabouring the detainee, but held death was caused only by the rupture of an unknown diseased spleen. The court altered accused 1's conviction to Section 323 IPC with the maximum 1 year's rigorous imprisonment and confirmed accused 2's 6-month sentence. Matters not addressed in the cited judgment text are not recorded here.
Externally reportedV2
What this record means
This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.
How verification works →Detailed record
Report card
By judgment dated 17 December 1958 in Criminal Appeal No. 102 of 1958, the Kerala High Court (Coram: Koshi C.J., Vaidialingam J., JJ.) affirmed the conviction of 2 police personnel, namely: Head Constable, Kottayam East Police Station; Head Constable, Kottayam East Police Station.
- Register number
- KL 05 CW 0001
- Case reference
- Criminal Appeal No. 102 of 1958 / AIR 1959 Ker 372
- Court and date
- Kerala High Court (Coram: Koshi C.J., Vaidialingam J., JJ.), 17 December 1958
- Officer(s) at the material time
- Head Constable, Kottayam East Police Station; Head Constable, Kottayam East Police Station
- Present service status
- Not ascertained from the cited sources.
- Provisions invoked
- Section 323 of the Indian Penal Code, 1860
- Finding of the Court (extract)
- “The sentence has necessarily to be altered, but regard being had to the fact that accused 1 was misusing his position as a police officer to assault a helpless person whom he had taken into custody, we think it proper …” (at para 10)
- Verdict, sentence and quantum
- Conviction upheld. Sentence: imprisonment; maximum substantive term of 1 year.
- Present status of the proceedings
- No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Current position
The Kerala High Court judgment dated 17 December 1958 is the concluded position shown in the cited sources.
Evidence position
Recorded allegations
Custodial deathPrimary
Material fact supported
Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.
Official finding: supports allegation.
Attributed to the court
What the court found
Holding not recorded separately.
“The sentence has necessarily to be altered, but regard being had to the fact that accused 1 was misusing his position as a police officer to assault a helpless person whom he had taken into custody, we think it proper …” (para 10)
Separate from verification
Institutional response
17 Dec 1958
Order issued
ConcludedThe Kerala High Court dismissed the appeal and upheld the convictions of police personnel.
Conviction · Supports allegation (appellate affirmance; trial conviction separate card).
Source: AIR 1959 Ker 372
Not yet re-checked.
Continuing record
Follow-up history
19 Sep 2026
(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))
Corrections (0): No corrections recorded.
Review: Solo Staff combined review (one combined attestation) — not yet recorded.