Annual Report 2013-14 4.48 As per the police version, Ganesh had twice banged his head against the iron bar of the lock up and sustained head injury. The police version was not, however, believed by SDM, Ambajogai who conducted an enquiry into the circumstances of death. The Magistrate concluded that Ganesh had been assaulted by the police in custody. It appeared that in preliminary enquiry by CB CID also, the concerned policemen were found liable for the death and crime No.157/2006 u/s 302 IPC was registered on the complaint by Inspector R.D. Deshmukh. After the investigation of crime No.157/2006, however, the investigating agency concluded that the case had been registered due to misunderstanding and a final report was submitted in the court on 26 February 2007. The final report was accepted by the court on 26 June 2009. 4.49 As per the reports, there were nine accused in the lock up on the date of occurrence. Out of them, five including Ganesh were from crime No.107/2006 and they were sleeping near the wall in the south-north direction. The other four were involved in crime No.134/2006 and they were sleeping near the iron bars. The four accused who were sleeping with Ganesh near the wall reiterated during investigation that Ganesh had been assaulted by the police. The other four initially feigned ignorance on the pretext that they were sleeping but subsequently they supported the police version and stated that Ganesh had banged his head against the iron bars. Their statements u/s 164 Cr.P.C. were also recorded. The investigating agency relied on the statements of these four accused. It was also pointed out that during post mortem, injuries had been observed at different parts of the head and such injuries could not have occurred due to a single assault. There was, however, no explanation as to why the statements of the four accused who were sleeping with Ganesh near the wall were disbelieved. 4.50 The post mortem findings in this case were revealing. Contusions were seen on the right sole and the left sole of the deceased. These injuries belied the police version because such injuries could not have been caused by banging of the head against the iron bars of the lockup. According to the Surgeon who conducted postmortem, the death occurred due to fracture, dislocation of cervical vertebra with peri spinal haemorrhage. This conclusion of the Postmortem Surgeon was also inconsistent with the police version. 4.51 Upon consideration of various reports, the Commission rejected the police version and observed that the post mortem findings indicated that Ganesh Americkya Bhosle was assaulted by the police while he was in custody. The Commission issued a notice to the Government of Maharashtra requiring it to show cause why monetary relief u/s 18 of the Protection of Human Rights Act, 1993 be not given to the next of kin of Ganesh Americkya Bhosle. 4.52 In response to the show cause notice, the State Government informed that an amount of ` 1,00,000 had already been paid to the wife of the deceased as compensation. 36 | NHRC