Annual Report 2010-2011 8. Death of Undertrial Prisoner Murugan in Salem Central Jail, Tamil Nadu (Case No. 69/22/31/09-10-JCD) 4.34 The case under reference relates to the death of an undertrial prisoner Murugan, aged about 42 years, who was imprisoned in Salem Central Jail, Tamil Nadu on 1 December 2008 in connection with Crime No. 628/2008 u/s 397 IPC registered in Police Station Thalaivasal, Salem. On the advice of Prison Medical Officer, Murugan was sent to Government Medical College and Hospital in Salem on 8 April 2009 for treatment but he expired on 10 April 2009. The post-mortem report did not indicate any ante-mortem injury on the body of the deceased. However, internal examination of head showed subarachnoid haemorrhage over both cerebral hemispheres. Yet, the cause of death was not divulged on the plea that the chemical analysis report was awaited. The viscera report too did not reveal any poison. The final cause of death declared was “subarachnoid haemorrhage - natural”. 4.35 During the course of the magisterial inquiry conducted thereafter by the Sub-Divisional Magistrate of Salem, it was stated by Mahendiran, the son of the deceased that his father was in good health. One day when his mother went to see his father in the jail, he had complained to her the manner in which the police ruthlessly hit him on both the ears a day before as a result he was unable to hear anything. The other relatives of the deceased who were examined during the inquiry too suspected that Murugan’s hearing was impaired on account of brutal thrashing given by the police on his ears. The co-prisoners also stated that Murugan was detained and tortured by the police for 11 days. The inquiry Magistrate concluded that Murugan was mercilessly beaten by those police personnel who were responsible for his custodial proceedings. A departmental action was recommended against the guilty police personnel. Though the health screening report was not available, in the magisterial enquiry report the pharmacist and the hospital doctor categorically stated that when Murugan was admitted to the Government Medical College and Hospital for treatment, he was unconscious and had injuries on his body. 4.36 The Commission on examination of the reports noted that the police had not only mercilessly beaten the deceased but there was medical negligence on the part of the prison officials as well, for which the State must be held responsible. Accordingly, the Commission directed to issue a notice under Section 18 (a) (i) of the PHRA to the Government of Tamil Nadu to show-cause, within six weeks, as to why monetary relief should not be recommended to the next of kin of the deceased. It also directed the Principal Secretary, Home, Government of Tamil Nadu to conduct a detailed CB-CID inquiry into the matter for fixing up the responsibility and taking legal action against the culprits. 4.37 The reports from the Government of Tamil Nadu are awaited. 9. Death of Undertrial Prisoner Kaki Sreenu in Kakinada Sub-Jail in East Godavari District, Andhra Pradesh (Case No. 740/1/5/08-09-JCD) 4.38 In the above case, an undertrial, named Kaki Sreenu, 31 years of age, was lodged in the Kakinada Sub-Jail in East Godavari District of Andhra Pradesh on 4 April 2008. The undertrial died on 19 December 2008. On examination of the reports and documents called for by the NHRC 25