Annual Report 1999-2000
and there was an immediate need for rehabilitation. The report further stated that the
management of BCCL had been contacted for rehabilitation of the villagers, through
letters issued in 1995 and in November 1996 and December 1996.
In view of the imminent danger to both human lives and cattle in the area, as brought
out in the report, the Commission, in order to ensure that rehabilitation measures were
taken, called for a further report within four weeks. In addition, the Commission
recommended the payment of Rs. 10,000/- to each of the affected families and Rs.50,00(yto the families of the-deceased, as interim compensation, by the management of BCCL.
Death of an injured person owing to negligence by the police: Bihar
(Case No. 2054/4/1999-2000)
The Commission received a complaint fixim Smt Phoolwanta Kuwar, a resident of Kamur,
Bihar, stating that on 16 September 1999, her husband. Late Shri Bindeshwar Chaudhary,
had been brutally beaten by Brij Bihari and others in a false case relating to the theft
of a buffalo. In that connection, a case had been registered in the Mohania police station,
but the police allegedly did not take any action against the accused persons, and her
injured husband had been kept in the custody of a Medical Officer, Vinay Bahadur Sinha,
after being handcuffed. He had allegedly not been provided proper treatment until he
contacted tetanus, at which point, he was referred to a hospital in Varanasi. The
complainant stated that her husband had died there owing to the negligence of the
doctor and the police. It was further stated that she became a widow at the age of 20
and that her husband had left behind a six-month-old child. The complainant sought
a high level enquiry into the matter, and justice for herself and her innocent child.
Upon perusal of the complaint, the Commission issued notice to the Chief Secretary
and the DGP, Government of Bihar, to conduct an enquiry and send a report in the
matter. The report obtained from the Chief Secretary and the DGP, Bihar, revealed that
an investigation in the case was conducted by the DSP Mohania, and it was found that
on 16 September 1999, Sonu Chaudhary had brought Bindeshwar Chaudhary in an
injured condition to the police station at 9.30 p.m. and had filed a complaint alleging
that the injured Bindeshwar Chaudhary and a few others had been caught red-handed
by the locals while stealing a buffalo. The public that had gathered beat Bindeshwar
brutally, thereby injuring him. Following the complaint, a case was registered under
Section 379/411 IPC, and the injured person was referred to Mohania Hospital for
treatment. Owing to excessive injuries on the person of Bindeshwar Chaudhary, he was
not produced before a court. On 23 September 1999, his condition had deteriorated,
and as a result, he was referred to the hospital in Varanasi, where he succumbed to his
injuries. On 27 September 1999, the relatives of the victim had taken away the dead body
and had filed a complaint, which was registered as Case No. 263/99 under Section 304(A),
IPC, against five accused persons. It was also reported that the name of the deceased
was in the crime diary Part II in the Mohania police station, and he was also a suspect
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