# State (CBCID Crime No.189/CR/KLM) vs Jayakumar and M. Venugopal — SC No.808/2008 (Kollam Man custodial death)

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Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2-11-009.json](https://datalibertarian.in/babuwatch/data/case/t2-11-009.json)

Trial-court conviction (Additional District Court and Sessions Court-VI, Kollam; Sessions Court). Convicted 28 November 2014. Appeal status: Upheld on appeal.

## Summary

Additional District and Sessions Court-VI, Kollam convicted East PS crime-squad constables Jayakumar and M. Venugopal in SC No.808/2008 on 28-11-2014 for the custodial murder of a Kollam man (37), a mobile-phone theft suspect picked up from Sanker's Hospital on 06-04-2005 and tortured in their exclusive custody at the Sardar Vallabhai police museum lockup to extract a confession, rejecting their alibi defence. The trial court imposed life terms plus two-year terms for wrongful confinement with Rs 2 lakh to the victim's mother. The Kerala High Court (Justices A. Hariprasad and \[name withheld\], 07-01-2020) confirmed the torture findings but altered murder to culpable homicide not amounting to murder (5 years RI each), keeping the s.348 conviction and compensation intact. NOTE: overlaps tier-1 record KERALA-001 (same conviction at HC level); T2-21 to merge.

## Report card

By judgment dated 28 November 2014, the Additional District Court and Sessions Court-VI, Kollam convicted 2 police personnel, namely: Jayakumar (Police Constable (crime squad)); M. Venugopal (Police Constable (crime squad)).

- Register number: KL 02 CW 0006
- Case reference: SC No.808/2008; reported in the judgment of the Kerala High Court
- Court and date: The Additional District Court and Sessions Court-VI, Kollam, 28 November 2014
- Officer(s) at the material time: Jayakumar (Police Constable (crime squad)); M. Venugopal (Police Constable (crime squad))
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 302 read with Section 34 of the Indian Penal Code, 1860; Section 348 read with Section 34 of the Indian Penal Code, 1860
- Finding of the Court (extract): “Accused Nos.1 and 2, who had been working as Police Constables in the East Police Station, Kollam, had been convicted by the Additional Sessions Judge-VI, Kollam in S.C.No.808/2008 for custodial murder, under Sections 302 and 348 r/w.34 of the Indian …”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: Trial: life imprisonment plus Rs 1,00,000 fine each under s.302/34 (default 1 year RI), plus 2 years RI plus Rs 10,000 fine each under s.348/34, concurrent; Rs 2,00,000 fine to deceased's mother. On appeal (Kerala HC Crl.A.1267/2014, 07-01-2020): altered to 5 years RI under s.304 Part II/34; s.348/34 conviction and 2-year sentence confirmed; Rs 2,00,000 compensation retained
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/121952943/); [Appellate judgment](https://indiankanoon.org/doc/121952943/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2-11-009)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: custodial death
- Location: Kollam, Kerala
- Officers: Jayakumar (Police Constable (crime squad)); M. Venugopal (Police Constable (crime squad))
- Sentence: Trial: life imprisonment plus Rs 1,00,000 fine each under s.302/34 (default 1 year RI), plus 2 years RI plus Rs 10,000 fine each under s.348/34, concurrent; Rs 2,00,000 fine to deceased's mother. On appeal (Kerala HC Crl.A.1267/2014, 07-01-2020): altered to 5 years RI under s.304 Part II/34; s.348/34 conviction and 2-year sentence confirmed; Rs 2,00,000 compensation retained.
- Verification: V2 · Trial court