Annual Report
2013-14
by police, she saw that he was being brutally assaulted by the policemen with rifle butt on
his head. When she reached the police station, she was told that her husband had been
taken to Community Health Centre, Sakaldiha for treatment. The Team of the Investigation
Division of the Commission concluded that Rama Shankar was well when he was taken by
the police in the jeep. However, he was admitted to the Community Health Centre, Sakaldiha
in an unconscious condition, from where he was referred to the District Hospital Chaundauli
where he was declared brought dead by the doctors.
4.39 During postmortem, four ante-mortem injuries in the form of abrasions, contusions
and swelling were observed. The doctor opined that the death occurred due to comma as a
result of ante-mortem injury to head and brain.
4.40 The Investigation Team of the Commission concluded that the injuries mentioned
in the postmortem report were in all probability inflicted in police custody. It was also
pointed out by the team that the case FIR no. 146 of 2010 u/s 302 IPC registered against six
unknown police officers and suspended SI Mahender Ram, Constable Jitender Khanna and
Constable Deep Chand at P.S Sakaldiha had not been investigated satisfactorily.
4.41 Upon consideration of the report submitted by the investigating team of NHRC and
also from the report submitted by the Superintendent of Police, Chandauli, the Commission
expressed the view that it was an unusual case of torture inflicted on Rama Shanker by
police where the victim was taken by police from his house to the Police Station and was
inflicted physical torture as a result of which he died. The Commission viewed the case
in the light of the fact that the police took away Rama Shanker without having any FIR in
hand. The Commission observed that the registration of a case against police officials and
suspension of some of them was a step in the right direction but the case needed to be carried
to its logical conclusion by good and professional investigation so that six police officials
against whom the case had been registered were clearly identified and departmental action
against SI Mahender Ram, Constable Jitender Khanna and constable Deep Chand completed
expeditiously and suitable punishment awarded to them.
4.42 The Commission in its proceedings dated 7 February 2011 prima facie observed
that it was a clear case of violation of human rights and therefore, issued a notice u/s 18 of
the Protection of Human Rights Act, 1993 to the Government of Uttar Pradesh to show cause
as to why it should not recommend monetary relief to the next of kin of the deceased Rama
Shanker Ram. The Commission also directed the Secretary, Home, Government of Uttar
Pradesh to get the case No.146/2010 u/s 302 IPC Police Station Sakaldiha investigated by
the CB CID.
4.43 CB CID did not find any incriminating evidence against the police in its investigation.
The enquiry report of CB CID concluded that deceased Rama Shankar Ram was not assaulted
or beaten by the police.
34 | NHRC