Annual Report 2010-2011
Rs. 5,00,000 to the next of kin of the deceased and also forward a compliance report along with
the proof of payment.
4.52 The Commission has received the proof with regard to payment of ` 5, 00,000 made
to the next of kin of the deceased by the Government of Haryana. However, the report of the
CB-CID investigation in the matter is awaited.
12.
Death of Dharamwati Dayal in Kotwali Police Station in Pilibhit District, Uttar Pradesh
(Case No.20678/24/2004-2005)
4.53 Intimation was received by the Commission from the District Magistrate, Pilibhit about
the death of a woman named Dharmwati, wife of Rameshwar Dayal, in Kotwali Police Station,
Pilibhit District, Uttar Pradesh on 4 August 2004.
4.54 Taking cognizance of the matter, the Commission directed its Director General
(Investigation) to collect requisite reports from the concerned authorities. In response, an
enquiry report was received from the Superintendent of Police, Pilibhit stating that the police
did not torture the deceased woman, though the local police party had gone to her house
on 3 August 2004 in connection with a kidnapping case. It was further stated in the enquiry
report that when the police reached the house of Rameshwar Dayal, his wife Dharmwati
aged 45 years, ran and fell down after hitting a wall. She also sustained an injury over one of
her eyebrows. The woman thus died on account of her own weakness on 4 August 2004 as
appropriate treatment was denied to her by the family. No information regarding the death of
the woman was furnished to the police station by anyone.
4.55 However, on the basis of an application submitted by Dharamwati’s husband, Rameshwar
Dayal on 4 August 2004, a panchanama of the body and post-mortem was performed. A case
u/s 147/148/149/304/34 IPC and u/s 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 was registered on 6 August 2004 at Bisalpur Police Station.
Besides, the investigation of the case was transferred to the State CB-CID.
4.56 The post-mortem report pointed towards an abraded contusion on the right side of
the face of the deceased. It also stated that the cause of death could not be ascertained and for
that reason the viscera had been preserved. The Commission then called for the report of the
investigation conducted by the CB-CID along with the viscera report. The Superintendent of
Police, CB-CID, in his report stated that on completion of investigation and legal formalities
in the matter, a charge-sheet had been filed against the accused policemen before the Chief
Judicial Magistrate, Pilibhit on 20 October 2008.
4.57 The Commission took note of the fact that the police had filed charge-sheets against
guilty policemen for offences punishable under crime case No.489/2004 u/s 147/148/149/204/34
IPC and 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989, which exemplifies that the police on their own have held these men guilty for the death
of Dharamwati. The Commission also asked the Government of Uttar Pradesh whether any
relief had been granted to the next of kin of the deceased under the provisions of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Commission also
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