State of Assam vs Dhemaji Police police personnel (exact rank not stated in Supreme Court judgment)
Per the Supreme Court (24.01.2007), [name withheld], a police personnel of Jonai PS, assaulted truck driver [name withheld] at Ruksin Gate around 11 p.m. on 26.09.2000; the driver died on 29.09.2000 while being taken to hospital. The Sessions Judge, Dhemaji convicted him under Section 302 IPC and awarded life imprisonment, which the Gauhati High Court affirmed. The Supreme Court altered the conviction to 304 Part-I IPC with a 10-year custodial sentence. The trial conviction date and sessions case number are not stated in the judgment (trial pre-dates SLP 5338/2006).
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 dated 24 January 2007, the Sessions Judge, Dhemaji convicted the police personnel (exact rank not stated in Supreme Court judgment), Jonai Police Station, Dhemaji, Assam.
- Register number
- AS 22 CW 0001
- Case reference
- Criminal Appeal No. 107 of 2007 (arising out of SLP (Crl.) No. 5338 of 2006); reported in the judgment of the Supreme Court of India
- Court and date
- The Sessions Judge, Dhemaji, 24 January 2007
- Officer(s) at the material time
- police personnel (exact rank not stated in Supreme Court judgment), Jonai Police Station, Dhemaji, Assam
- Present service status
- Not ascertained from the cited sources.
- Provisions invoked
- Section 304 Part-I of the Indian Penal Code, 1860
- Finding of the Court (extract)
- “the inevitable conclusion is that the case at hand is not covered under Section 302 IPC and on the other hand the case is covered under Section 304 Part I IPC.”
- Verdict, sentence and quantum
- Conviction recorded by the trial court. Sentence: Trial: life imprisonment under Section 302 IPC (Gauhati HC affirmed). Supreme Court (24.01.2007): offence is culpable homicide not amounting to murder; conviction altered to 304 Part-I IPC with 10-year custodial sentence
- 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.
Sessions Judge, Dhemaji convicted the accused police personnel on 24 January 2007. The conviction was upheld on appeal.
Sentence & charges
Sentence: Trial: life imprisonment under Section 302 IPC (Gauhati HC affirmed). Supreme Court (24.01.2007): offence is culpable homicide not amounting to murder; conviction altered to 304 Part-I IPC with 10-year custodial sentence.
Sections: IPC 304 Part-I
Appeal status
Upheld on appeal.