# State v. Assam Police Havildar

HTML version: [https://datalibertarian.in/babuwatch/trial-court/t2w3-20-001](https://datalibertarian.in/babuwatch/trial-court/t2w3-20-001)
Record JSON: [https://datalibertarian.in/babuwatch/data/case/t2w3-20-001.json](https://datalibertarian.in/babuwatch/data/case/t2w3-20-001.json)

Trial-court conviction (Sessions Judge, Karimganj; Sessions Court). Convicted 28 June 1995. Appeal status: Upheld on appeal.

## Summary

The Sessions Judge, Karimganj on 28 June 1995 convicted police Havildar in Sessions Case No. 75 of 1994 for entering the hotel-cum-residence of a Karimganj man at Rangamati (Patharkandi PS Case No. 44/92) in khaki uniform with a gun on 8 March 1992 and firing at him, causing a serious bullet injury to his back. The court sentenced him to 7 years RI with Rs.500 fine under IPC s.307 plus 3 months RI under s.448, concurrent. On appeal the Gauhati High Court on 3 October 2002 partly allowed the appeal, sliding the s.307 conviction down to s.324 IPC (6 months RI + Rs.1,000 fine, compensation to victim) while maintaining the s.448 conviction, and ordered surrender.

## Report card

By judgment dated 28 June 1995, the Sessions Judge, Karimganj convicted the Havildar, Assam Police (residing at Balipipla Forest office; caught at scene in khaki uniform, armed with gun).

- Register number: AS 10 CW 0001
- Case reference: Sessions Case No. 75 of 1994 (Patharkandi PS Case No. 44/92, GR 223/92)
- Court and date: The Sessions Judge, Karimganj, 28 June 1995
- Officer(s) at the material time: Havildar, Assam Police (residing at Balipipla Forest office; caught at scene in khaki uniform, armed with gun)
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Section 307 of the Indian Penal Code, 1860; Section 448 of the Indian Penal Code, 1860
- Finding of the Court (extract): “The appellant/accused Sri \[name withheld\] was convicted in connection with Sessions Case No. 75 of 1994 under Section 307/448, IPC by Sessions Judge, Karimganj, vide judgment and order dated 28-6-95.”
- Verdict, sentence and quantum: Conviction recorded by the trial court. Sentence: 7 years RI + Rs.500 fine (3 months RI in default) u/s 307 IPC; 3 months RI u/s 448 IPC; concurrent
- Present status of the proceedings: The conviction was affirmed in appeal.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1341243/); [Appellate judgment](https://indiankanoon.org/doc/1341243/); [Permanent link to this record](https://datalibertarian.in/babuwatch/trial-court/t2w3-20-001)

## At a glance

- Category: Violence & unlawful detention
- Sub-category: disproportionate force
- Location: Karimganj, Assam
- Officers: Havildar, Assam Police (residing at Balipipla Forest office; caught at scene in khaki uniform, armed with gun)
- Sentence: 7 years RI + Rs.500 fine (3 months RI in default) u/s 307 IPC; 3 months RI u/s 448 IPC; concurrent
- Verification: V2 · Trial court