# State vs Government Railway Police Assistant Sub-Inspector

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2w2-09-007](https://datalibertarian.in/babuwatch/trial-court/t2w2-09-007)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w2-09-007.json](https://datalibertarian.in/babuwatch/data/case/t2w2-09-007.json)

Trial-court conviction (Court of Additional Sessions Judge, Fatehabad; Sessions Court). Convicted 30 March 2019. Appeal status: Upheld on appeal.

## Summary

Additional Sessions Judge, Fatehabad, on 30 March 2019 convicted Haryana GRP personnel posted at Police Post Jakhal for the May 2008 custodial death of a Fatehabad man, who was beaten with lathis through the night after being booked in a petty FIR and died of head injuries on 20 May 2008. Each convict got 5 years RI plus Rs 20,000 fine under IPC 304-II/34 (with a concurrent 6-month term under 323/34); the court acquitted them under sections 325/149. The Punjab and Haryana High Court (CRA-S-1292-2019 with CRA-S-1362-2019, Justice Sureshwar Thakur) dismissed all appeals on 23 February 2023, holding the death resulted from physical assault by the police officials in transit custody, and ordered convicts on bail to be taken into custody.

## Report card

By judgment dated 30 March 2019, the Court of Additional Sessions Judge, Fatehabad convicted 6 police personnel, namely: Assistant Sub-Inspector, GRP Police Post Jakhal, Haryana (Government Railway Police); Exemptee Head Constable (EHC No. 423), GRP Police Post Jakhal, Haryana; Exemptee Head Constable (No. 432), GRP Police Post Jakhal, Haryana; Head Constable (No. 240), GRP Police Post Jakhal, Haryana; Head Constable (No. 704), GRP Police Post Jakhal, Haryana; Head Constable (No. 796), GRP Police Post Jakhal, Haryana.

- Register number: HR 22 CW 0002
- Case reference: CRA-S-1292-2019 with CRA-S-1362-2019 (trial: Sessions Case No. 08 of 2014); reported in the judgment of the Punjab and Haryana High Court
- Court and date: The Court of Additional Sessions Judge, Fatehabad, 30 March 2019
- Officer(s) at the material time: Assistant Sub-Inspector, GRP Police Post Jakhal, Haryana (Government Railway Police); Exemptee Head Constable (EHC No. 423), GRP Police Post Jakhal, Haryana; Exemptee Head Constable (No. 432), GRP Police Post Jakhal, Haryana; Head Constable (No. 240), GRP Police Post Jakhal, Haryana; Head Constable (No. 704), GRP Police Post Jakhal, Haryana; Head Constable (No. 796), GRP Police Post Jakhal, Haryana
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 323 read with Section 34 of the Indian Penal Code, 1860; Section 304 Part II read with Section 34 of the Indian Penal Code, 1860
- Finding of the Court (extract): “this Court is of the firm view, that the verdict of conviction, and, the consequent therewith order of sentence as became imposed upon each of the accused, but is meritworthy, and, is required to be upheld.”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: 6 months RI + Rs 1,000 fine (IPC 323/34); 5 years RI + Rs 20,000 fine (IPC 304-II/34); concurrent; Section 428 CrPC set-off
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/40072161/); [Appellate judgment](https://indiankanoon.org/doc/40072161/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w2-09-007)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: custodial death
- Location: Fatehabad, Haryana
- Officers: Assistant Sub-Inspector, GRP Police Post Jakhal, Haryana (Government Railway Police); Exemptee Head Constable (EHC No. 423), GRP Police Post Jakhal, Haryana; Exemptee Head Constable (No. 432), GRP Police Post Jakhal, Haryana; Head Constable (No. 240), GRP Police Post Jakhal, Haryana; Head Constable (No. 704), GRP Police Post Jakhal, Haryana; Head Constable (No. 796), GRP Police Post Jakhal, Haryana
- Sentence: 6 months RI + Rs 1,000 fine (IPC 323/34); 5 years RI + Rs 20,000 fine (IPC 304-II/34); concurrent; Section 428 CrPC set-off
- Verification: V1 · Trial court