Annual Report 2013-14 to Sawai Man Singh Hospital, Jaipur where he died during treatment on 21 April 2009. The Commission also received a complaint from an NGO alleging that it was a case of death due to torture by police. 4.11 The reports received from concerned authorities revealed that police seized liquor from Radhey Shyam and arrested him as he had no license or permit to possess liquor. An FIR for the alleged crime was registered on 17 April 2009 at 2035 hrs. but it had nothing which could tell about the physical condition of the victim. The Prisoner Register only indicated that the undertrial prisoner died on 21 April 2009 and the same was forwarded to the hospital on 20 April 2009 at 11 p.m. It also did not refer anything relating to the condition of the undertrial prisoner. As per the report, the undertrial prisoner fell sick and was admitted to the prison hospital. The prison authorities addressed a communication to the Chief Judicial Magistrate, Jaipur, but it did not indicate anything about the nature of sickness or treatment given to the deceased. 4.12 Autopsy report revealed more than 10 injuries on the person of the deceased. A Board of three doctors after examining the post mortem report along with the pathology report and chemical analysis reports opined that the undertrial prisoner Radhey Shyam died on account of shock as a result of external injuries as indicated in the postmortem report which described injuries as 2-3 days old. 4.13 The magisterial enquiry report revealed that the witnesses pointed how the undertrial prisoner Radhey Shyam was beaten and ill-treated and even while being taken in the vehicle how he was ill-treated again. The Magistrate concluded in his report that the victim died on account of injuries sustained at the hands of the police personnel. Hence, the Commission held that it was clear that the deceased was severely beaten and died due to injuries inflicted upon him and not due to sickness as reported by the Jail Superintendent. 4.14 Upon consideration of the reports, the Commission in its proceedings dated 5 June 2013 observed as under : “.......it is a clear case of serious violation of human rights. When a person was in the custody of the State, it was the duty of the police officers as well as the jail officials to see that he is properly treated. The police officers or government officials are not expected to cause injury to a person in the custody. It is clear that when the deceased was arrested, there were no injuries on his person as per the FIR itself. If he was injured at the time of arrest, it was obligatory for the Police to take him to a Medical Officer and get him examined. Even it was compulsory for the jail officials that if the person was found in an injured condition, he should have got examined by a Medical Officer. In the instant case, it appears that the Police and the jail authorities, in connivance with each other, suppressed the fact that the victim had sustained bodily injuries. The nature of injuries was such that he was required to be admitted in the jail hospital and thereafter shifted NHRC | 29