Taking a serious view of the totality of the circumstances and the negligent behaviour and non-performance of duty by the police officials, the Commission refused to accept the Home Department's observations that death was due to cardio-respiratory failure and not due to police atrocities. To the contrary, the Commission took the view that the beating by police officials and the overall effect of interrogation could have resulted in a cardiac failure resulting in death. The Commission, in this context, pointed to the post-mortem report which mentioned congestion and oedema of the brain, to buttress its view. The Commission accordingly directed the State Government to pay a compensation of Rs.2 lakhs to the dependant of the deceased without prejudice to the criminal action initiated against the guilty officials. Brut4 Kllllng of Santash Kumar Slngh by Police: Bihar (Crr~e N0.29W4t98-9VACD) The Commission took cognizance of a complaint received from one Dhirendra Prasad Singh of the village Joitali from the state of Bihar. A police party led by SI Mukhal Paswan visited the village Joitali on f 2 December 1998 after receiving information about the activities of the gang of Tolwa Singh in the area. The SI suspected the father of the deceased. Shri Dhirendra Prasad Singh, (complainant before the Commission), who was also the uncle-inlaw of Tolwa Singh, to be harbouring the said criminal. Shri Santosh Kumar, the complainant's son, a totally innocent young man, with no previous criminal record, was stopped near the house of Jagdish Jha and was asked for his identity in harsh and abusive language. A verbal altercation ensued between Santosh Kumar and SI Mukhlal, after Santosh objected to the Sl's behaviour. The Si thereupon shot at Santosh and injured him. The SI also took a sample of blood stained earth from the place where Santosh Kurnar had fallen upon being injured. Santosh Kumar, who was still alive, was put in a jeep and taken towards Purnea along with four others. One of the four was allowed to get down in the village itself. Santosh Kumar died on the way to Purnea. SI Paswan did not permit water to be given to the injured Santosh despite his repeated pleas. Also at Purnea, the jeep was kept standing near the bunglow of the SP for one hour for consultation and guidance before Santosh's body was taken for post-mortem. The dead body of Santosh Kumar was handed over to persons from the village Jotaili, after autopsy, late in the evening on 13 December 1998. Sensing the intensity of public anger over the incident which had caused protests and demonstrations, ihe police compelled the villagers to cremate the dead body at Purnea itself, at about I1.00 PM on 13 December 1998, without giving the next of kin of the deceased a chance to have a last glimpse of him. The foregoing chain of events relating to the killing of Santosh Kumar, as contained in the report of Shri S.V.M. Tripathi, former DGP, UP who was entrusted by the Commission to make an on-the-spot inquiry, were found to be convincing by the Commission. Shri Tripathi who visited the spot obtained from SI Mukhlal and other police personnel their version of the