CW-2009-0002North Delhi, DelhiJudgment 6 March 2009

Delhi Police Head Constable and others v. State (Delhi Admn.)

The judgment of the Delhi High Court records the following account. A Delhi man @ a Delhi man was picked up from Subzi Mandi railway station on 1 August 1980, illegally confined for five days at Andha Mugal police post, and beaten regularly to extract a confession about stolen property. On 5 August 1980 the head constable poured kerosene on him while the two constables set him on fire; he died the next day. The court relied on the magistrate-recorded dying declaration, corroborated by post-mortem evidence of extensive bruises and abrasions, rejecting the suicide defence. It dismissed the appeal, upholding life imprisonment with Rs 5,000 fine each under Sections 302/34 IPC and the additional two-year terms under Sections 330/34 IPC for the two constables, and ordered the appellants, who were on bail, to be taken into custody.

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.

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Report card

By judgment dated 6 March 2009 in Crl. Appeal No. 33/1993, the Delhi High Court (Coram: V.B. Gupta, Badar Durrez Ahmed, JJ.) affirmed the conviction of 3 police personnel, namely: Head Constable, Police Post Andha Mugal, PS Subzi Mandi, Delhi; Constable, Police Post Andha Mugal, PS Subzi Mandi, Delhi; Constable, Police Post Andha Mugal, PS Subzi Mandi, Delhi.

Register number
DL 01 CW 0003
Case reference
Crl. Appeal No. 33/1993
Court and date
Delhi High Court (Coram: V.B. Gupta, Badar Durrez Ahmed, JJ.), 6 March 2009
Officer(s) at the material time
Head Constable, Police Post Andha Mugal, PS Subzi Mandi, Delhi; Constable, Police Post Andha Mugal, PS Subzi Mandi, Delhi; Constable, Police Post Andha Mugal, PS Subzi Mandi, Delhi
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 302 of the Indian Penal Code, 1860; Section 34 of the Indian Penal Code, 1860; Section 330 of the Indian Penal Code, 1860
Finding of the Court (extract)
“The present appellants with pre-determination had put the deceased on fire knowing fully well that this would result into his death. The fact that deceased was kept in illegal custody in police post Andha Mugal from 1st August, 1980 to …” (at para 73)
Verdict, sentence and quantum
Conviction upheld. Sentence: imprisonment and fine.
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.

The Delhi High Court judgment dated 6 March 2009 is the concluded position shown in the cited sources.

Recorded allegations

1
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.

What the court found

Holding not recorded separately.

“The present appellants with pre-determination had put the deceased on fire knowing fully well that this would result into his death. The fact that deceased was kept in illegal custody in police post Andha Mugal from 1st August, 1980 to …” (para 73)

Institutional response

2
Date not established

Conviction

Concluded
Trial court (as recorded in the Delhi High Court judgment) External · Binding

The trial court convicted the accused police personnel, as recorded in the Delhi High Court judgment.

Conviction · Supports allegation.
Source: Crl. Appeal No. 33/1993
Not yet re-checked.
6 Mar 2009

Order issued

Concluded
Delhi High Court External · Binding

The Delhi High Court dismissed the appeal and upheld the convictions of police personnel.

Conviction · Supports allegation (appellate affirmance; trial conviction separate card).
Source: Crl. Appeal No. 33/1993
Not yet re-checked.

Follow-up history

1
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.

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