Annual Report 2012-2013
copy of the FIR which revealed that the deceased was inside a house which was locked
from outside. The lock was broken and the deceased was brought out. He was questioned
and later became unconscious. He was taken to the Primary Health Centre Diyungmukh,
where he was declared dead. The Senior Superintendent of Police, Dima Hasao District,
Haflong informed that on the written report UD No. 2/11 was registered. And, further,
another FIR No. 5/11 for the offences punishable u/s 302 IPC was registered in P.S.
Diyungmukh on the complaint made by the brother in-law of the deceased. It was alleged
in the complaint that deceased was picked up by the Army of Thaijuwari camp and later
killed under mysterious circumstances.
4.100 The Superintendent of Police, Dima Hasao District, Haflong, Assam subsequently
forwarded a detailed report along with a copy each of the inquest and postmortem report.
Perusal of inquest proceedings revealed no injury on the person of the deceased except for
the blood oozing from his nose and saliva coming out of the mouth. The cause of death
therefore could not be ascertained. Perusal of the postmortem report too revealed no injury
on the person of the deceased. The cause of death to be determined only on receipt of viscera
examination report.
4.101 The Deputy Commissioner, Dima Hasao District, Haflong forwarded a copy of the
magisterial enquiry report conducted by the Additional Deputy Commissioner of the District.
It concluded that the deceased Thangben Kemprai died in Army custody on way to the
Primary Health Centre, Diyungmukh. There is no evidence that the deceased was tortured
and the exact cause of death could be known only after the receipt of the chemical analysis
report. After examining the viscera report, the board of doctors opined that cause of death
was vagal inhibition which may be due to anger, fright, dread or any other emotional
excitement.
4.102 As per the directions of the Commission, the file was sent to Professor and Head,
Department of Forensic Medicine, UCMS & GTB Hospital, an expert on the panel of the
Commission. He gave his opinion as follows:
"Further on reviewing the postmortem report it was observed that there was
bilateral periorbital contusion and blood clots were found in the peritoneal cavity.
These findings does not co-relate with the cause of death and could be due to any
blunt trauma".
4.103 The Commission considered the matter on 27 March 2012 and observed that as per
the postmortem report the deceased had no simple injuries but fracture of left maxillary
bone. The expert on the panel of the Commission too concluded that the findings given in
the postmortem report did not co-relate with the cause of death and could be due to any
blunt trauma.
4.104 On examination of all the facts and reports related to the case, the Commission
opined that the death of deceased Thangben Kemprai took place while he was in the custody
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