NATIONAL HUMAN RIGHTS COMMISSION, INDIA iv. v. vi. 5. The Commission further observed and directed that the Under Trial Prisoner (UTP) was in the care and custody of the State, which was responsible to ensure his safety and security. In this case, the Magistrate has concluded that death of the undertrial prisoner Chunni Lal is suspicious and occurred due to strangulation and not because of hanging. For this death due to strangulation, the State is liable to compensate the next- of-kin (Nok) of the deceased. The Commission issued a notice u/s 18(a)(i) of The Protection of Human Rights Act, 1993, to the Government of UP, through its Chief Secretary, requiring it to show cause, within six weeks, as to why the Commission should not make a recommendation for payment of Rs. 1,00,000/- to the next-of-kin of the deceased undertrial prisoner Chunni Lal, S/o Ram Awadh. The reply is awaited. Death of accused Musan Sahni S/o late Ramaj Sahni in the jurisdiction of PS Singhwada (Case No. 3676/4/10/2013-PCD) i. The Commission received intimation from the Sr. Supdt. of Police, Darbhanga, Bihar regarding the custodial death of accused Musan Sahni S/o late Ramaj Sahni in the jurisdiction of PS Singhwada on 23.09.2013. ii. Pursuant to the directions of the Commission, the requisite reports were received. The inquest report revealed abrasions on the back, bruises below the knee and faecal matter was seen in his dhoti. The post-mortem examination report indicates bruises and abrasions on the body of the deceased. The histopathological examination report indicates that he might have died due to heart failure as a result of mayocardial infarction. The magisterial enquiry concluded that Musan Sahni had died due to heart failure. iii. The Commission further observed that although, it was evident that the death of the deceased had been caused due to mayocardial infraction, as opined by the Department of Forensic Medicine, Darbhanga Medical College, Leheriasarai, the Police did not fulfill its moral responsibility to shift the sick accused to the hospital instead of handing him over to his family members. The Police ought to have evacuated the deceased to the nearest hospital to save his life, as he was already taken into custody, but it failed to do so, and the deceased was let off by the Police in complete abdication of its duties and responsibilities. Such apathy towards a human life amounts to violation of human rights for which the State is liable to make reparations to the next-of-kin (NoK) of the deceased accused Musan Sahni. iv. The Commission has issued a notice under Section 18 of the Protection of Human Rights Act, 1993 to the Government of Bihar, through its Chief Secretary, requiring it to show cause within six weeks as to why the Commission should not recommend payment of Rs.200, 000/- as compensation to the next-of-kin (NoK) of the deceased accused, Musan Sahni, son of late Shri Ramraj Sahni. v. The reply is awaited. ANNUAL REPORT 2018-19 39