The three cops accused in the Rizwanur Rahman death case will not be charged with abetment to suicide. The four others accused in the graphic designer’s death will, however, be tried under this charge.

The ninth judge of the city sessions court, Amit Chattopadhyay, on Thursday exempted the three senior police officers — Ajay Kumar, Sukanti Chakraborty and Krishnendu Das — from the charge of abetting Rizwanur’s suicide. The trio will, however, be tried under Section 506 (criminal intimidation) and 120B (criminal conspiracy) of the IPC.

The judge allowed the CBI to frame charges against industrialist Ashok Todi, his brother Pradip, relative Anil Saraogi and Pappu, a family friend of the Rahmans, under Section 306 (abetment to suicide) of the IPC, along with sections 506 and 120B.

The cops, if found guilty, could be jailed for up to 10 years. The others face life terms. The judge said he didn’t find anything in the CBI’s probe documents to charge the three cops under Section 306.

“There is no evidence to prove that the police officers had abetted Rizwanur in suicide,” he noted. Rizwanur had married Ashok Todi’s daughter Priyanka in August 2007 against her family’s wishes. The Park Circus resident was found dead beside the railway tracks in Patipukur, north Calcutta, on September 21, 2007, after which his family alleged that his in-laws had got him murdered.

The CID started an inquiry but Calcutta High Court handed over the probe to the CBI after the Rahmans expressed doubt over the impartiality of the state agency.

The CBI submitted a report in the high court, accusing the Todis, Saraogi, Pappu and the three cops of driving Rizwanur to suicide.

On April 8, while hearing the case, the ninth judge had expressed surprise over the CBI’s decision to exclude IPS officer Gyanwant Singh from the list of accused.

The judge had also asked the investigating agency why it did not include Rizwanur’s uncle Shaidul Islam and Trinamul Congress leader Javed Khan in the list of accused, adding that his view would be reflected in the judgment.

But the judge did not mention the trio on Thursday.