# Sessions Trial No. 8 of 1996 / 307 of 1994 (Barachatti P.S. Case No. 146/1993) — State vs \[name withheld\] and others (Barachatti fake encounter triple murder)

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2w2-02-004](https://datalibertarian.in/babuwatch/trial-court/t2w2-02-004)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w2-02-004.json](https://datalibertarian.in/babuwatch/data/case/t2w2-02-004.json)

Trial-court conviction (1st Additional Sessions Judge, Gaya (ST No. 8/1996 / 307/1994); Sessions Court). Convicted 13 September 1996. Appeal status: Upheld on appeal.

## Summary

The 1st Additional Sessions Judge, Gaya, on 13 September 1996 convicted all six Barachatti police officials under IPC Sections 302/34 and 201 and sentenced them to death for the staged-encounter triple murder on 5 December 1993 of Ranchi businessman \[name withheld\], his attendant a Gaya man and driver \[name withheld\], whose Maruti van was chased on GT Road and the occupants shot with service weapons before cash and valuables were looted and a false encounter FIR lodged. The Patna High Court on 28 November 1997 affirmed all convictions, confirming death for the three officers and commuting the three constables to life. The Supreme Court on 13 July 1998 (AIR 1998 SC 2443) acquitted \[name withheld\] on benefit of doubt but upheld the murder convictions of the other five, commuting the death sentences to life imprisonment.

## Report card

By judgment dated 13 September 1996, the 1st Additional Sessions Judge, Gaya (ST No. 8/1996 / 307/1994) convicted 6 police personnel, namely: Sub-Inspector, Officer-in-Charge, Barachatti Police Station, Gaya, Bihar Police; Sub-Inspector, Barachatti Police Station, Gaya, Bihar Police; Sub-Inspector, Barachatti Police Station, Gaya, Bihar Police; Constable, Barachatti Police Station, Gaya, Bihar Police; Constable, Barachatti Police Station, Gaya, Bihar Police; Constable, Barachatti Police Station, Gaya, Bihar Police.

- Register number: BR 02 CW 0001
- Case reference: Sessions Trial No. 8 of 1996 / 307 of 1994 (Barachatti P.S. Case No. 146/1993)
- Court and date: The 1st Additional Sessions Judge, Gaya (ST No. 8/1996 / 307/1994), 13 September 1996
- Officer(s) at the material time: Sub-Inspector, Officer-in-Charge, Barachatti Police Station, Gaya, Bihar Police; Sub-Inspector, Barachatti Police Station, Gaya, Bihar Police; Sub-Inspector, Barachatti Police Station, Gaya, Bihar Police; Constable, Barachatti Police Station, Gaya, Bihar Police; Constable, Barachatti Police Station, Gaya, Bihar Police; Constable, Barachatti Police Station, Gaya, Bihar Police
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 302 read with Section 34 of the Indian Penal Code, 1860; Section 201 of the Indian Penal Code, 1860
- Finding of the Court (extract): “All of them were convicted under Section 302/34 IPC and were directed to be hanged till they are dead by the learned Additional Session Judge, Gaya.”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: Trial court: death sentence for all six under Section 302/34. Patna HC (28 November 1997): death confirmed for \[name withheld\], \[name withheld\] and \[name withheld\]; life imprisonment for the three constables. Supreme Court (13 July 1998): acquitted \[name withheld\] on benefit of doubt; upheld Section 302/34 convictions of the other five and commuted the two death sentences to life imprisonment
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1172785/); [Appellate judgment](https://indiankanoon.org/doc/1087618/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w2-02-004)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: fake encounter extrajudicial killing
- Location: Gaya, Bihar
- Officers: Sub-Inspector, Officer-in-Charge, Barachatti Police Station, Gaya, Bihar Police; Sub-Inspector, Barachatti Police Station, Gaya, Bihar Police; Sub-Inspector, Barachatti Police Station, Gaya, Bihar Police; Constable, Barachatti Police Station, Gaya, Bihar Police; Constable, Barachatti Police Station, Gaya, Bihar Police; Constable, Barachatti Police Station, Gaya, Bihar Police
- Sentence: Trial court: death sentence for all six under Section 302/34. Patna HC (28 November 1997): death confirmed for \[name withheld\], \[name withheld\] and \[name withheld\]; life imprisonment for the three constables. Supreme Court (13 July 1998): acquitted \[name withheld\] on benefit of doubt; upheld Section 302/34 convictions of the other five and commuted the two death sentences to life imprisonment
- Verification: V1 · Trial court