CW-1998-0003Gaya, BiharJudgment 13 July 1998

Barachatti Police Sub-Inspector vs State of Bihar

The Supreme Court of India upheld the convictions under Section 302 read with Section 34 IPC of five police personnel attached to Barachatti Police Station in Gaya district for the staged encounter murder of three persons on December 5, 1993. The police party had chased and fired upon a Maruti van on the Grand Trunk Road, killing businessman [name withheld], attendant a Barachatti man, and driver [name withheld], and subsequently registered a fabricated encounter FIR. While acquitting appellant [name withheld] on benefit of doubt, the Court affirmed the life imprisonment of constables, [name withheld], and [name withheld], and commuted the death sentences of Sub-Inspectors and [name withheld] to life imprisonment, holding the case did not meet the rarest-of-rare threshold. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 13 July 1998 in Criminal Appeal Nos. 149, 218, 279, 280-282 of 1998, the Supreme Court of India (Coram: M.K. Mukherjee, G.B. Pattanaik, JJ.) affirmed the conviction of 5 police personnel, namely: Sub-Inspector, Barachatti Police Station; Sub-Inspector, Barachatti Police Station; Constable, Barachatti Police Station; Constable, Barachatti Police Station; Constable, Barachatti Police Station.

Register number
BR 02 CW 0002
Case reference
Criminal Appeal Nos. 149, 218, 279, 280-282 of 1998 / AIR 1998 SC 2443, (1998) 5 SCC 699
Court and date
Supreme Court of India (Coram: M.K. Mukherjee, G.B. Pattanaik, JJ.), 13 July 1998
Officer(s) at the material time
Sub-Inspector, Barachatti Police Station; Sub-Inspector, Barachatti Police Station; Constable, Barachatti Police Station; Constable, Barachatti Police Station; Constable, Barachatti Police Station
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 302 of the Indian Penal Code, 1860; Section 34 of the Indian Penal Code, 1860; Section 201 of the Indian Penal Code, 1860
Finding of the Court (extract)
“In this view of the matter, while we uphold the conviction of accused [name withheld] and [name withheld] under Section 302/34 I.P.C., we set aside the sentence of death awarded against them and commute the same to imprisonment for life.” (at para n/a)
Verdict, sentence and quantum
Conviction upheld. Sentence: imprisonment.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Supreme Court of India judgment dated 13 July 1998 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“In this view of the matter, while we uphold the conviction of accused [name withheld] and [name withheld] under Section 302/34 I.P.C., we set aside the sentence of death awarded against them and commute the same to imprisonment for life.” (para n/a)

Institutional response

2
Date not established

Conviction

Concluded
Trial court (as recorded in the Supreme Court of India judgment) External · Binding

The trial court convicted the accused police personnel, as recorded in the Supreme Court of India judgment.

Conviction · Supports allegation.
Source: AIR 1998 SC 2443, (1998) 5 SCC 699
Not yet re-checked.
13 Jul 1998

Order issued

Concluded
Supreme Court of India External · Binding

The Supreme Court of India dismissed the appeal and upheld the convictions of police personnel.

Conviction · Supports allegation (appellate affirmance; trial conviction separate card).
Source: AIR 1998 SC 2443, (1998) 5 SCC 699
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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