State v. Manik Jibhkate & Ors (Shama Uke custodial death, Gondia 1995); Sessions Case No. 21 of 1996
The Supreme Court (Justices C.T. Ravikumar and Sanjay Kumar, Manik & Ors v. [name withheld] of Maharashtra, Crl.A. Nos. 1514-1518 of 2012, 2024 INSC 734, 25 September 2024) in a split verdict acquitted the officers under section 304-II — holding fingerprint evidence on the exhumed burnt body unreliable, no DNA test done, and identity as [name withheld] not proved — but unanimously upheld the custodial-torture convictions under sections 330, 348 and 387 with one year RI plus fines; Justice Sanjay Kumar dissented on the 304-II acquittal.
This page documents a trial-court conviction from the cited sources below. It is not a High Court or Supreme Court finding; the conviction may have been appealed. Findings are attributed to the convicting court; this record does not add findings of its own.
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By judgment in 1996, the Additional Sessions Judge, Gondia (Sessions Trial No. 21 of 1996) convicted 7 police personnel, namely: Manik Jibhkate (Police Sub-Inspector (A-1)); Police Constable (A-2), Gondia City Police Station; Police Constable (A-3), Gondia City Police Station; Police Constable (A-4), Gondia City Police Station; Police Constable (A-5), Gondia City Police Station; Police Constable (A-6), Gondia City Police Station; Police Constable (A-7), Gondia City Police Station.
- Register number
- MH 35 CW 0001
- Case reference
- Sessions Case No. 21 of 1996
- Court and date
- The Additional Sessions Judge, Gondia (Sessions Trial No. 21 of 1996), 1996
- Officer(s) at the material time
- Manik Jibhkate (Police Sub-Inspector (A-1)); Police Constable (A-2), Gondia City Police Station; Police Constable (A-3), Gondia City Police Station; Police Constable (A-4), Gondia City Police Station; Police Constable (A-5), Gondia City Police Station; Police Constable (A-6), Gondia City Police Station; Police Constable (A-7), Gondia City Police Station
- Present service status
- Not ascertained from the cited sources.
- Provisions invoked
- Section 330 read with Section 34 of the Indian Penal Code, 1860; Section 348 read with Section 34 of the Indian Penal Code, 1860; Section 387 read with Section 34 of the Indian Penal Code, 1860
- Finding of the Court (extract)
- “Manik Jibhkate, PSI (A-1) — Conviction: 304-II r/w 34 IPC: 7 years RI, fine of Rs.4000/-; 331 r/w 34 IPC: 3 years RI, fine of Rs.1000/- (conviction and sentence as ordered by Sessions Court, per High Court judgment).”
- Verdict, sentence and quantum
- Conviction recorded by the trial court. Sentence: A-1, A-2, A-4: 7 years RI (304-II) + 3 years RI (331) + 1-year terms (330/348/387, 201/218) + fines; A-3, A-5: 3 years RI (331) + 1-year terms + 3 months (202) + fines; A-6, A-7: 1 year RI (201/218) + 3 months (202) + fines (Supreme Court, 25 September 2024: acquitted under section 304-II; torture convictions under sections 330/348/387 upheld with 1 year RI + fines)
- Present status of the proceedings
- The conviction was affirmed in appeal.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Additional Sessions Judge, Gondia (Sessions Trial No. 21 of 1996) convicted the accused police personnel on 1996. The conviction was upheld on appeal. Appeal text.
Sentence & charges
Sentence: A-1, A-2, A-4: 7 years RI (304-II) + 3 years RI (331) + 1-year terms (330/348/387, 201/218) + fines; A-3, A-5: 3 years RI (331) + 1-year terms + 3 months (202) + fines; A-6, A-7: 1 year RI (201/218) + 3 months (202) + fines (Supreme Court, 25 September 2024: acquitted under section 304-II; torture convictions under sections 330/348/387 upheld with 1 year RI + fines)
Sections: IPC 330 r/w IPC 34; IPC 348 r/w IPC 34; IPC 387 r/w IPC 34
Appeal status
Upheld on appeal. Appeal text