Annual Report 2012-2013
saved. Undoubtedly, it was a case of medical negligence, violating the human rights of the
deceased. Taking into consideration all the circumstances of the case, the Commission
observed that grant of interim relief was justified. Accordingly, an amount of ` 3,00,000
was recommended to be paid as interim relief to the next of kin of the deceased.
4.18
The Superintendent, Wardha District Prison, Maharashtra vide his communication
dated 7 July 2012 informed that an amount of `3,00,000 was paid to the son of the deceased
undertrial prisoner Shankar Dadaju Ghume vide cheque No.71882 dated 1 July 2012. The
proof of payment was also annexed.
4.19
In view of the above, the Commission closed the case on 10 October 2012.
3.
Death of Undertrial Prisoner Raju in Rohini District Jail, Delhi
(Case No. 1523/30/0/2011-JCD)
4.20
The Commission received a communication from the Superintendent of Rohini
District Jail, Delhi about the death of an undertrial prisoner, named Raju, s/o Jaiphal in the
intervening night of 6-7 April 2011 in the jail premises.
4.21
In response to the directions of the Commission, it was reported that in the
intervening night of 6-7 April 2011 at about 11.15 p.m., Raju was brought by the jail officials
to the jail dispensary with alleged history of physical assault by co-inmates. On examination,
Raju was found dead. In the inquest report, fresh bruises on the middle of the chest, swollen
right eye, blood in the mouth and blood marks on the lips were found. In the postmortem
report, a number of ante mortem injuries caused by hard and blunt objects were found on
different parts of the body. The death was opined to have occurred due to combined effect
of traumatic asphyxia, coma and shock consequent upon multiple injuries over neck, chest,
head and buttocks. The Metropolitan Magistrate, Delhi, who conducted a judicial enquiry,
concluded that the deceased lost his life on account of unnatural circumstances that had
resulted due to culpable homicide. The actual perpetrators of the culpable homicide were
required to be ascertained by further investigation. The DCP, Outer District, Delhi informed
that an FIR u/s 302/201/34 IPC was registered at P.S. Samaipur Badli, Delhi. Eight accused
were arrested and chargesheet was filed against them in the Court.
4.22
The Commission on consideration of the above reports directed the Chief Secretary,
Government of NCT of Delhi to show cause as to why suitable compensation should not be
awarded to the next of kin of the deceased. The Director General (Prisons), Government of
NCT of Delhi was further directed to inform the Commission about the steps taken to prevent
re-occurrence of such incidents.
4.23
In response to the show cause notice, the Law Officer (Prisons), Delhi, reported that
on 6 April 2011 Raju and another undertrial, Rakesh, quarreled with each other. On
receiving an emergency call, the jail officials rushed to the jail ward where Raju was found
lying unconscious and Rakesh had a surgical blade in his bleeding hand. Both of them were
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