Annual Report 2009-2010 4.39 The Commission observed that the offence made by the accused u/s 306 IPC was cognizable. The police undoubtedly was empowered to arrest Ram Kumar without a warrant. At the same time, humanitarian concerns should not have been completely overlooked by the police while exercising the power conferred on it by the law. In the instant case, the arrest of Ram Kumar could have been reasonably deferred for some time in view of his frail health. If, for some reasons, the Investigation Officer thought it absolutely necessary to make the arrest on that day itself, he should have taken care to promptly arrange medical care for the arrestee. Instead of doing so, he first took him to the court and then to the jail. It was only when the prison authorities refused to admit him that he was taken to a dispensary for medical aid. It appears that the accused could not bear the physical stress of being taken from one place to another in that state of health and he collapsed. Considering the circumstances, the State cannot be absolved of its share of blame and it must bear liability for the negligence shown by the police. 4.40 Considering all the circumstances, the Commission on 3 June 2009 recommended to the Government of Chha�isgarh to pay a sum of Rs. 1,00,000/- as monetary relief to the parents of deceased Ram Kumar. 4.41 On receipt of the compliance report, the case was closed by the Commission. 7. Death of Sheroo Khan in Police Custody in Bastar District of Chha�isgarh (Case No. 250/33/2001-2002-CD) 4.42 Intimation was received by the NHRC on 1 November 2001 from the District Magistrate of Bastar with regard to the death of one Sheroo Khan aged 30 years in police custody. The police version of the incident was that the deceased was creating nuisance at a public place in a drunken state and while he was being brought to the Police Station Jagadalpur on a bike, he jumped from the bike and sustained fatal injuries. 4.43 The postmortem report revealed about 12 antemortem injuries including eight contusions. The cause of death according to the Autopsy Surgeon was shock due to ‘spleen trauma and haemorrhage.’ 4.44 Shri A.K. Toppo, Sub-Divisional Megistrate, Jagdalpur inquired into the circumstances of the death. The inquiry report submi�ed by him negated the police version. During the course of inquiry, he interrogated Dr. Sunil Kumar Yadav, Assistant Surgeon in Maharani Hospital in Jagadalpur. Dr. Kumar stated that the injuries found on the body of the deceased were caused by a ‘danda’ and not on account of falling from some vehicle. The Magistrate concluded that Constable Subash Vishwas and Guard Sunil Das were responsible for the death of Sheroo Khan. 4.45 Later, a communication dated 22 October 2007 was received from the Deputy Secretary, Home, Government of Chha�isgarh. It was informed by him that an FIR No. 218/2006 u/s 302/34 IPC was registered at Bodhghat Police Station against Constable Subash Vishwas and Guard Sunil Das. Both of them were arrested on 6 August 2007 and on completion of investigation, a charge sheet too was submi�ed against them in the court of Chief Judicial Magistrate, Jagadalpur. NHRC 23