Annual Report 2013-14 4.44 Upon carefully examining the investigation report submitted by the Superintendent of Police, CB CID, the Commission vide its proceedings dated 17 September 2013 opined that the investigation was not fair and the evidence was not analyzed in an objective manner. S.I. Mahender Ram was examined during investigation. Sub-Inspector Mahender Ram stated that he went to the house of Rama Shankar for inquiry in NCR No.86/10 u/s 323/504 IPC, and found Rama Shankar Ram present at the door of his house. When he made inquiry from him, he started shouting. Suddenly, he put his hand on his chest and complained of giddiness and pain in chest. In a state of exhaustion, he fell on the arm of a cot lying nearby and sustained injury on his head. Some other witnesses also made similar statement. Thus, the fatal head injury which caused the death of Rama Shankar Ram was explained by saying that he had fallen on the arm of a cot in a state of exhaustion. The Commission observed that the CB CID blindly accepted that explanation. The statements made by the wife and daughters of the deceased and also an independent witness Phoolwati were completely ignored. All those witnesses stated that a Constable had kicked Rama Shankar while he was passing urine. None of them said that Rama Shankar Ram had fallen on the arm of a cot. No question in this regard was put to them by the Investigating Officer. The Commission also observed that there was not a word about Rama Shankar Ram falling on the arm of a cot in the report dated 17 March 2011 received earlier from the Superintendent of Police, Chandauli. The statement of Sub-Inspector Mahender Ram was otherwise inconsistent with the postmortem findings. The Commission did not accept the investigation report of CB CID and observed that they had no reason to ignore the inquiry report submitted by its Investigating Team. 4.45 Since the State failed to give a plausible explanation for the fatal injury sustained by Rama Shankar Ram on his occipital and the inquiry by the team of the Investigation Division of the Commission revealed that the said injury might have been inflicted by the police while taking Rama Shankar to the police station, the Commission recommended to the Government of Uttar Pradesh to pay a sum of ` 5,00,000 as monetary relief to the next of kin of the deceased Rama Shankar Ram. The Chief Secretary, Government of Uttar Pradesh was directed to submit the compliance report with proof of payment within eight weeks. 4.46 5. Compliance report along with proof of payment is awaited. Death of Ganesh A. Bhosle due to Torture in Police Custody in Beed, Maharashtra (Case No. 334/13/2006-2007-PCD) 4.47 The Commission on 28 June 2006 took cognizance of the intimation received from Superintendent of Police, Beed, Maharashtra regarding death of Ganesh Americkya Bhosle, aged 21 years in police custody. Ganesh and four others were arrested in crime No.107/2006 Police Station Beed on 14 June 2006 and all of them were remanded to police custody till 19 June 2006. On 19 June 2006 at about 06.20 a.m., Ganesh was taken to Government Hospital with head injury and he died in the hospital on the same day at 01.30 p.m. NHRC | 35