Annual Report 2012-2013 4.84 Pursuant to the sanction dated 23 August 2012 issued by the Home Department, Government of Gujarat, for payment of `1,00,000 to the next of kin of the deceased, a compliance report along with the proof of payment has been received by the Commission. The matter, however, continues to be under the consideration of the Commission. 11. Death of Rajbal in Police Custody in Chhapar, Muzaffarnagar, Uttar Pradesh (Case No. 14530/24/57/09-10-PCD) 4.85 The Commission received an intimation dated 9 July 2009 from the District Magistrate and the Senior Superintendent of Police, Muzaffarnagar, Uttar Pradesh about the death of one Rajbal, s/o Ratiram in Police custody at P.S. Chhapar, District Muzaffarnagar, Uttar Pradesh on 7 July 2009. One Vijay Pal also made a complaint at P.S. Chhapar, Muzaffarnagar to the effect that seven named accused had beaten up his father Rajbal and uncle Mayaram on account of dispute over a plot of land. As a result of the beating, his father Rajbal, aged 60 years expired. A criminal case No.456/2009 u/s 302 IPC was registered on the basis of his complaint. Section 3 (2) 5 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was added in the case. The case was initially investigated by the local police and subsequently the investigation was transferred to CB-CID. The investigation by CB-CID disclosed that Sub-Inspector Muninder Singh and Constable Ajay had committed offences u/s 302/323 IPC. It was also found by the investigating agency that Constable Sardar Singh had committed offences u/s 323/302/ 109 IPC. Since a Sub-Inspector and two Constables were found liable for the death of Rajbal by CB-CID, the Commission on 21 April 2011 issued a notice to the Government of Uttar Pradesh directing it to show cause as to why monetary relief be not given to the next of kin of deceased Rajbal. 4.86 In response to the show cause notice, the State Government vide its communication dated 10 August 2011 submitted that a chargesheet had been filed in the court against the delinquent policemen. Moreover, financial assistance of ` 1,50,000 had been given to the next of kin of deceased Rajbal under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The State Government added that it had no objection to the grant of additional monetary relief. 4.87 Vide its proceeding dated 2 May 2012, the Commission observed that it has been established prima facie during investigation by the CB-CID that Rajbal lost his life in consequence of assault by policemen. As such, the bereaved family deserved to be suitably compensated. Considering all the circumstances of the case, the Commission recommended to the Government of Uttar Pradesh to pay a sum of `5,00,000 to the next of kin of deceased Rajbal. The amount disbursed as financial assistance under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was to be adjusted. 38 NHRC