State v. Cuttack Police Inspector (former)
The Assistant Sessions Judge-cum-ACJM (Special), Cuttack convicted Inspector and Senior Sub-Inspector for the 1985 custodial death following illegal confinement at Purighat police station, sentencing them to 5 and 8 years rigorous imprisonment for culpable homicide plus terms for FIR fraud, wrongful confinement and hurt. On appeal after 32 years, the Orissa High Court set aside the section 304-II conviction but held both guilty of voluntarily causing hurt and forgery-related offences, directing them to surrender and serve one-year concurrent simple-imprisonment terms. The Supreme Court affirmed the conviction of the two officers in February 2021.
This page documents a trial-court conviction from the cited sources below. It is not a High Court or Supreme Court finding; the conviction may have been appealed. Findings are attributed to the convicting court; this record does not add findings of its own.
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By judgment dated 29 August 1988, the Assistant Sessions Judge-cum-Additional Chief Judicial Magistrate (Special), Cuttack convicted 2 police personnel, namely: Inspector (former), Purighat Police Station, Cuttack; Senior Sub-Inspector (former), Purighat Police Station, Cuttack.
- Register number
- OD 05 CW 0001
- Case reference
- State v. Cuttack Police Inspector (former); reported in the judgment of the Assistant Sessions Judge-cum-ACJM (Special), Cuttack
- Court and date
- The Assistant Sessions Judge-cum-Additional Chief Judicial Magistrate (Special), Cuttack, 29 August 1988
- Officer(s) at the material time
- Inspector (former), Purighat Police Station, Cuttack; Senior Sub-Inspector (former), Purighat Police Station, Cuttack
- Present service status
- Not ascertained from the cited sources.
- Provisions invoked
- Section 304 Part II of the Indian Penal Code, 1860; Section 324 of the Indian Penal Code, 1860; Section 323 of the Indian Penal Code, 1860; Section 471 of the Indian Penal Code, 1860; Section 34 of the Indian Penal Code, 1860
- Finding of the Court (extract)
- “The Court has a duty to protect and promote public interest and build up public confidence in efficacy of rule of law.”
- Verdict, sentence and quantum
- Conviction recorded by the trial court. Sentence: Trial: 5 years and 8 years RI respectively (s.304-II) + up to 3 years RI (FIR fraud, wrongful confinement, hurt). On appeal (Orissa HC, 9 Nov 2020): 1 year SI (s.324/34) + 3 months SI (s.471/34) + 1 month SI (s.323/34), concurrent; Rs.3,00,000 compensation to legal heirs
- Present status of the proceedings
- The conviction was affirmed in appeal.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Assistant Sessions Judge-cum-Additional Chief Judicial Magistrate (Special), Cuttack convicted the accused police personnel on 29 August 1988. The conviction was upheld on appeal. Appeal text.
Sentence & charges
Sentence: Trial: 5 years and 8 years RI respectively (s.304-II) + up to 3 years RI (FIR fraud, wrongful confinement, hurt). On appeal (Orissa HC, 9 Nov 2020): 1 year SI (s.324/34) + 3 months SI (s.471/34) + 1 month SI (s.323/34), concurrent; Rs.3,00,000 compensation to legal heirs
Sections: IPC 304 Part II; IPC 324; IPC 323; IPC 471; IPC 34
Appeal status
Upheld on appeal. Appeal text