Annual Report 2009-2010 4.19 The Commission upon consideration of the entire record observed that as per the expert opinion, the deceased had died on account of the cumulative effect of bronchitis of both the lungs and injuries that were inflicted by his co-inmates while confined in the jail. The fact that the deceased was in the care and custody of the State, it failed to protect his life, hence violating his human rights. 4.20 In response to the show-cause notice served by the Commission, the State Government reported that on the complaint of the Sub-Divisional Magistrate a case—Crime No. 310/07 for the offences punishable u/s 302/147/148/149/323/325/326 IPC was registered against all the offenders. Their reply further revealed that sanction of the State had been obtained for prosecution but the ma�er was pending in the court. The Commission noted that in the reply received, it had been admi�ed by the State Government that prima facie the jail officials were guilty. The victim Babu Lal, who was ailing from a lung disease, was beaten inside the jail by other inmates in the presence of the jail officials, which resulted in his death. In the given circumstances, the Commission recommended to the State Government to pay a monetary relief of Rs.3,00,000/- to the next of kin of the deceased. 4.21 The proof of payment from the Government of Madhya Pradesh is awaited in the case. 3. Death of Bhagat Ram in Police Custody in Rajasthan (Case No. 376/20/2006-2007-CD) 4.22 The NHRC on 15 June 2006 received information about the death of one Bhagat Ram in police custody from the Superintendent of Police, Kota, Rajasthan. It was divulged by the concerned Police Officer that the victim had died on 15 June 2006 itself. The deceased had been arrested on 15 June 2006 in a case u/s 306 IPC registered at Ramganj Mandi Police Station in Kota, Rajasthan. While being taken in a private vehicle to Ramganj Mandi Police Station, the vehicle was stopped on the road side at the request of the victim for allowing him to ease. The deceased, however, ran towards a truck and jumped in front of it. In the ensuing melee, the victim was crushed to death. 4.23 During the magisterial enquiry, the ADM of Kota city, while criticizing the police escort party for using a private vehicle believed the police version and concluded that the accused himself had invited death by jumping in front of a speeding truck. 4.24 The Commission in its proceedings dated 2 September 2008 observed that prima facie the police escort party was negligent and hence issued a show-cause notice to the Government of Rajasthan u/s 18 of the PHRA. 4.25 In its response to the show-cause notice issued by the Commission, the State Government of Rajasthan contended that the police was not negligent in any manner. The Commission, however, vide its proceedings dated 3 August 2009 stated that lack of vigilance on the part of the police escort gave the accused Bhagat Ram an opportunity to escape from police custody and jump before a speeding truck. If the police escort had been a�entive, the deceased Bhagat Ram would not have got an opportunity to escape from the custody of the police and jump before a speeding truck. From all aspects, the incident was a result of negligence on the part 20 NHRC