Annual Report 2010-2011 why compensation should not be recommended to the deceased’s next of kin for his unnatural death while he was in custody. The Chief Secretary was also directed to send the Action Taken Report with regard to the magisterial enquiry conducted as well as the status of FIR, if any, registered within a time frame of six weeks. 4.16 In response, the Deputy Commissioner of Police, Delhi HQs vide letter dated 19 July 2010 informed that a case under crime no. 255/09 for the offence punishable under section 302 IPC had been registered which was under investigation. It was further stated that it would not be proper at this stage to recommend payment of compensation to the next of kin of the deceased. 4.17 The Commission after considering the reply observed that the deceased Om Prakash was in the care and custody of the State. As per the post-mortem report the death had taken place due to head injury due to a blunt impact over the head. The Magistrate who conducted the magisterial inquiry too had concluded that the death of the deceased was an unnatural death and it was a clear-cut case of commission of cognizable offence, which required thorough investigation. Consequently, FIR No. 255/09 for the offence punishable under section 302 IPC was registered at Police Station Samaypur Badli. Taking into consideration all the facts of the case, the Commission recommended to the Government of NCT of Delhi to pay a sum of Rs. 5,00,000 as monetary relief to the next of kin of the deceased Om Prakash and submit a compliance report alongwith the proof of payment to the Commission. 4.18 On receipt of compliance, the case has been closed by the Commission. 5. Death of Undertrial Prisoner Devnarayan Mondal in Madhubani District Jail, Bihar (Case No. 3874/4/2004-05-CD) 4.19 On an intimation received from the Superintendent of Madhubani District Jail in Bihar concerning the death of undertrial prisoner Devnarayan Mondal on 4 February 2005 the Commission took cognizance of the matter and directed to call for the requisite reports. 4.20 After prolonged correspondence, the Superintendent of Madhubani District Jail vide letter dated 19 July 2006 forwarded a copy of the inquest, post-mortem and magisterial enquiry reports. The Inquest proceedings revealed no injury on the person of the deceased. The cause of death, as per the report, was due to congestive cardiac failure, anaemia and chronic inflammatory disease of the lung. In the magisterial enquiry report, the Sub-Divisional Magistrate concluded that there was delay in sending the deceased to the hospital for better treatment thereby holding the jail administration guilty. 4.21 A show-cause notice was subsequently issued to the Chief Secretary, Government of Bihar as to why monetary relief should not be recommended to be paid to the next of kin of the deceased. 4.22 In response, a letter dated 29 April 2010 was received from the Government of Bihar stating that the Government has no objection to the grant of monetary relief to the next of kin of the deceased. 22 NHRC