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the medical evidence which points to a homicidal death. According to the police,
Kamlesh Kumar Singh committed suicide at about 08.00 a.m., whereas the post
mortem report suggests that the death had taken place between 03.00 to 04.00 a.m.
Moreover, the parallel pressure marks on the neck suggest that it could not be a case
of hanging as suggested by the police.”
4.47 With the aforesaid observations, the Commission recommended to the Government
of Uttar Pradesh to pay a sum of Rs. five lakhs as monetary relief to the next of kin of
deceased Kamlesh Kumar Singh. Chief Secretary, Government of Uttar Pradesh was asked
to submit the compliance report with proof of payment within eight weeks. Compliance
report is awaited.
6. Custodial Death in Ambaji Police Station,District Banaskantha, Gujarat
(Case No. 237/6/4/08-09-PCD)
4.48 The Commission received intimation from the Superintendent of Police, Banaskantha,
Gujarat regarding the custodial death of one Rupabhai. It was reported that Rupabhai was
arrested on 13.4.2008 at 07.30 p.m. along with nineteen other persons. He was kept in the
Community Hall of Ambaji Police Station where he hanged himself with a scarf in the
toilet. Constable Hareshbhai Dahyalal saw him hanging in the toilet on 14.4.2008 at 05.15
p.m. The Commission also received a complaint from Shri Damore Ishwarbhai, nephew of
deceased Rupbhai alleging that his uncle had become victim of police torture.
4.49 The Commission took cognizance of the matter and requested its Director General
(Investigation) to collect requisite reports from concerned authorities.
4.50 According to the reports received from authorities, Additional Civil Judge and
Judicial Magistrate First Class, Danta made an inquiry into the matter. He examined several
witnesses and on consideration of evidence, he concluded that Rupabhai had committed
suicide.
4.51 The allegation of torture made by the complainant Damore Ishwarbhai wasalso
negated by the post mortem report as no evidence of injury was found.
4.52 Upon consideration of the matter on 18.09.2013, the Commission observed as under:
“That is not, however, the end of the matter. It was the duty of the detaining authority to
safeguard the life of the prisoner. The dead body was seen by a Constable at 05.15 p.m. This
would mean that the suicide was committed during day time. If the police staff had been
vigilant, the unfortunate incident could have been averted. The death of Rupabhai is thus
attributable to the negligence of police.”
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