# CBI blinding case arising from Amarpur P.S. Case No. 15(6)80 (blinding of Bhagalpur Man) — State (CBI) vs Shiv Shankar Prasad Gupta (Cr. Rev. No. 851/1990)

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Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w2-02-006.json](https://datalibertarian.in/babuwatch/data/case/t2w2-02-006.json)

Trial-court conviction (Trial Magistrate, CBI case (Amarpur P.S. Case No. 15(6)80; exact court/number unstated — first appeals Cr. App. 107 & 116/1987); Magistrate's Court). Convicted 1987. Appeal status: Upheld on appeal.

## Summary

The trial court (CBI blinding case from Amarpur PS) convicted Officer-in-Charge Shiv Shankar Prasad Gupta for the custodial blinding of a Bhagalpur man (PW-1), arrested 20 June 1980 and blinded with acid at Amarpur Police Station on the morning of 21 June 1980 on Gupta's order, sentencing him to 2 years RI (120B) + 1 year RI (326/34) with fines plus a Section 220 conviction, while acquitting four constable co-accused. The lower appellate court dismissed his first appeal (Cr. App. 116/1987). The Patna High Court on 11 March 1998 dismissed his criminal revision, holding the finding that acid was poured on his order warranted no interference (the trial court had been 'rather lenient'). Exact trial-court name, trial number and conviction date were unstated in the revision judgment.

## Report card

By judgment in 1987, the Trial Magistrate, CBI case (Amarpur P.S. Case No. 15(6)80; exact court/number unstated — first appeals Cr. App. 107 & 116/1987) convicted the Shiv Shankar Prasad Gupta (Officer-in-Charge (Sub-Inspector/Inspector, Amarpur Police Station)).

- Register number: BR 10 CW 0001
- Case reference: Amarpur P.S. Case No. 15(6)80 (Cr. App. 116/1987; Cr. Rev. 851/1990); reported in the judgment of the Trial Magistrate, CBI blinding case, Patna (exact court unstated)
- Court and date: The Trial Magistrate, CBI case (Amarpur P.S. Case No. 15(6)80; exact court/number unstated — first appeals Cr. App. 107 & 116/1987), 1987
- Officer(s) at the material time: Shiv Shankar Prasad Gupta (Officer-in-Charge (Sub-Inspector/Inspector, Amarpur Police Station))
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 120B of the Indian Penal Code, 1860; Section 326 read with Section 34 of the Indian Penal Code, 1860; Section 220 of the Indian Penal Code, 1860
- Finding of the Court (extract): “I, therefore, find no merit in the case of Shiv Shankar Prasad Gupta (Cr. Rev. No. 851/1990) and that criminal revision is accordingly dismissed.”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: Trial court: 2 years RI u/s 120B + 1 year RI u/s 326/34 + Rs 1,000 fine under each count (6 months SI in default of each); further convicted u/s 220 IPC (Rs 1,000 fine, 6 months SI in default); concurrent. First appeal (Cr. App. 116/1987) dismissed, conviction confirmed; Patna HC (Aftab Alam, J., Cr. Rev. 851/1990, 11 March 1998, (1998) 2 PLJR 181) dismissed revision — conviction upheld
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://www.courtkutchehry.com/judgements/771046/shiv-shankar-prasad-gupta-appellant-hash-the-state-of-bihar-respondent/); [Appellate judgment](https://www.courtkutchehry.com/judgements/771046/shiv-shankar-prasad-gupta-appellant-hash-the-state-of-bihar-respondent/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w2-02-006)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: custodial torture
- Location: Bhagalpur, Bihar
- Officers: Shiv Shankar Prasad Gupta (Officer-in-Charge (Sub-Inspector/Inspector, Amarpur Police Station))
- Sentence: Trial court: 2 years RI u/s 120B + 1 year RI u/s 326/34 + Rs 1,000 fine under each count (6 months SI in default of each); further convicted u/s 220 IPC (Rs 1,000 fine, 6 months SI in default); concurrent. First appeal (Cr. App. 116/1987) dismissed, conviction confirmed; Patna HC (Aftab Alam, J., Cr. Rev. 851/1990, 11 March 1998, (1998) 2 PLJR 181) dismissed revision — conviction upheld
- Verification: V2 · Trial court