NATIONAL HUMAN RIGHTS COMMISSION, INDIA 4. 2. Pursuant to the directions of the Commission, the requisite reports were received. As per Inquest Report there was bleeding from nose, fresh injury on ear, cheek and leg. The ‘Panchas’ opined that the deceased died due to beating and use of some poisonous substance. However, the “Panchas” recommended for post mortem to know the exact cause of death. Postmortem Report revealed red abrasion on ear, brownish/black abrasion on elbow and ankle. Black contusion on eye. The forensic report revealed no poisonous substance. The MER concluded that the deceased died due to sudden cardiac arrest due to epilepsy and there was no evidence of the deceased given poison. 3. Having considered the reports, the Commission, in view of the facts and circumstances, referred the matter to a Forensic Expert on the panel of the Commission who opined that the treatment in this case was inadequate. Even the diagnosis was never made. The patient should had been referred to the neurology department in a medical college for proper diagnosis. 4. The Commission further observed that the State and the prison authorities are responsible to ensure that all medical help is extended to the prisoner in their custody. In this case, they have failed to do so and, therefore, are liable to compensate the NoK of the decease. 5. The Commission issued a notice u/s 18(a)(i) of the PHR Act 1993 to the Chief Secretary, Govt. of Uttar Pradesh directing him to show cause within four weeks as to why the Commission should not recommend payment of compensation of Rs.200,000/- to the NoK of the deceased UTP Tukmesh who lost his life because of medical negligence and inadequate treatment, while in custody of District Jail, Badaun, Uttar Pradesh. 6. The reply is awaited. Death of an under trial prisoner Chunni Lal S/o Ram Awadh in the District Jail, Basti, Uttar Pradesh (Case No. 23479/24/15/2013-JCD) 38 i. The Commission received an intimation from the Sr. Superintendent, District Jail, Basti, Uttar Pradesh regarding the custodial death of an under trial prisoner Chunni Lal S/o Ram Awadh on 30.06.2013. ii. Pursuant to the directions of the Commission, the requisite reports were received. The health screening at the time of admission to jail report revealed that the deceased was alcoholic. There was some injury noted by the medical officer of the District Hospital Basti. The inquest report revealed seven injuries, including a ligature mark on the body of the deceased. The post mortem examination report revealed six abrasions on the left and right legs of the deceased and a ligature mark on the body of the deceased. iii. The final cause of death was given as ‘asphyxia due to ante-mortem injury’. The magisterial enquiry concluded that the death of the undertrial prisoner Chunni Lal was suspicious and occurred due to strangulation and not because of hanging. The Superintendent, District Jail Basti, conducted an inquiry into the conduct of Const. Ashok Kumar, Const. Ashok Kumar Arya and Const. Arun Sharma, who were punished for their dereliction of duty. ANNUAL REPORT 2018-19