# State of Gujarat vs Himatnagar Man and Anr.

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-1998-0005](https://datalibertarian.in/babuwatch/incident/CW-1998-0005)

## Report card

By judgment dated 22 December 1998 in First Appeal against judgment dated 03.09.1982 in Special Civil Suit No. 33 of 1979, Civil Judge (S.D.), Himatnagar, the Gujarat High Court (Coram: R. K. Abichandani, J.) returned findings adverse to the Police Constable, Raigadh Outpost, Himatnagar, Sabarkantha, and directed payment of compensation of Rs 2.0 lakh (Rs 1,98,000).

- Register number: GJ 09 CW 0001
- Case reference: First Appeal against judgment dated 03.09.1982 in Special Civil Suit No. 33 of 1979, Civil Judge (S.D.), Himatnagar / II(2001)ACC 426
- Court and date: Gujarat High Court (Coram: R. K. Abichandani, J.), 22 December 1998
- Officer(s) at the material time: Police Constable, Raigadh Outpost, Himatnagar, Sabarkantha
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 326 of the Indian Penal Code, 1860
- Finding of the Court (extract): “The facts which are established in the case clearly show that the respondent No. 2, during the course of his employment as a Constable, had on 22-4-1976, when the respondent No. 1 had come to the Police Outpost, wrongfully and …” (at para 17)
- Verdict, sentence and quantum: Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 2.0 lakh (Rs 1,98,000).
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/503689/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-1998-0005)

**Record:** CW-1998-0005 (compiler id CWC-0136); case GUJARA-007
**Title:** State of Gujarat vs Himatnagar Man and Anr.
**Court:** Gujarat High Court; judges: R. K. Abichandani
**Case number / citation:** First Appeal against judgment dated 03.09.1982 in Special Civil Suit No. 33 of 1979, Civil Judge (S.D.), Himatnagar / II(2001)ACC 426
**Judgment:** 1998-12-22 (1998, day precision)
**Incident date:** 1976-04-22 (1976)
**Place:** Sabarkantha, Gujarat; city town: Himatnagar (Raigadh Outpost); police station or unit: Raigadh Outpost, Himatnagar; force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** disproportionate force
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Sections:** IPC 326
**Officers (gated display forms):** Police Constable, Raigadh Outpost, Himatnagar, Sabarkantha (1 in record)
**Victims:** Himatnagar man (1 in record)
**Sentence / compensation:** compensation only; Rs 2.0 lakh (Rs 1,98,000)
**Sentence type:** compensation only (compensation_only)

The Gujarat High Court dismissed the State's appeal and upheld Rs 1,98,000 with 6% interest awarded to contractor \[name withheld\], whose right leg was amputated above the knee after on-duty Raigadh Outpost constable shot him in the thigh with his service rifle on 22 April 1976 for protesting the manhandling of his truck driver. The Court held the firing illegal, wrongful and unauthorised, committed during the course of employment, rendering the State vicariously liable and violating the victim's Article 21 right to life. It recorded that the constable had been tried under Section 307 IPC and convicted by the High Court under Section 326 IPC with six months' RI in Criminal Appeal No. 59 of 1978, a sentence he admitted in evidence to having undergone. (Re-normalised from the 1980 conviction entry to this verified 1998 compensation judgment.). Matters not addressed in the cited judgment text are not recorded here.

> The facts which are established in the case clearly show that the respondent No. 2, during the course of his employment as a Constable, had on 22-4-1976, when the respondent No. 1 had come to the Police Outpost, wrongfully and without any justification whatsoever, wounded him by a gunshot which resulted in amputation of his right leg.

**Sources (2):** [indiankanoon.org](https://indiankanoon.org/doc/503689/); [courtkutchehry.com](https://www.courtkutchehry.com/judgements/455032/state-of-gujarat-vs-govindbhai-jakhubhai-and-another/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** brutality
**admin subcategory:** disproportionate_force
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 17
**display title redacted:** State of Gujarat vs Himatnagar Man and Anr.
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'wrong_facts', 'corrections_applied': \['court_quote'\]}
**followup status:** checked
**institutional response:** {'date': '1998-12-22', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Gujarat High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Gujarat High Court recorded adverse findings against police personnel and ordered Rs 198,000.', 'disposition': 'Compensation ordered · Supports allegation (for the compensated wrong only)', 'source': 'II(2001)ACC 426', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/503689/', 'link_checked': None}; {'url': 'https://www.courtkutchehry.com/judgements/455032/state-of-gujarat-vs-govindbhai-jakhubhai-and-another/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** disproportionate force
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Re-normalised to verified 1998 HC judgment upholding Rs 1.98 lakh compensation; 1980 Sec 326 conviction recital confirmed within it.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

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