# State v. Cuttack Police Inspector (former)

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2-02-014](https://datalibertarian.in/babuwatch/trial-court/t2-02-014)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2-02-014.json](https://datalibertarian.in/babuwatch/data/case/t2-02-014.json)

Trial-court conviction (Assistant Sessions Judge-cum-Additional Chief Judicial Magistrate (Special), Cuttack; Sessions Court). Convicted 29 August 1988. Appeal status: Upheld on appeal.

## Summary

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.

## Report card

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.
- Source orders: [Judgment / order (primary source)](https://www.livelaw.in/news-updates/custodial-violence-orissa-hc-directs-septuagenarian-ex-cops-to-serve-imprisonment-in-35-year-old-custodial-death-case-165741); [Appellate judgment](https://www.livelaw.in/news-updates/custodial-violence-orissa-hc-directs-septuagenarian-ex-cops-to-serve-imprisonment-in-35-year-old-custodial-death-case-165741); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2-02-014)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: custodial death
- Location: Cuttack, Odisha
- Officers: Inspector (former), Purighat Police Station, Cuttack; Senior Sub-Inspector (former), Purighat Police Station, Cuttack
- 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
- Verification: V1 · Trial court