Annual Report 2010-2011 Commission, it was revealed that there was no external injury found on the body of the deceased during the post-mortem examination. The autopsy surgeon nevertheless opined the cause of death as “Infection of both lungs; broncho-pneumonia with bilateral pulmonary tuberculosis”. The deceased was also clinically diagnosed as ‘HIV Sero-positive’, which is a natural cause of death. 4.39 As per the information received from the Superintendent of Kakinada Sub-Jail, the deceased was having chest pain and breathing problem from 18 December 2008 and was also suffering from fever for the last four days. He was provided necessary treatment. On 19 December 2008 at about 11.40 a.m. he died due to respiratory failure. The magisterial inquiry found that the deceased was clinically diagnosed as HIV Sero-positive and died on account of infection of both the lungs. It was further found that adequate treatment was provided to the undertrial prisoner. 4.40 The Commission thus directed the Superintendent of Kakinada Sub-Jail to forward to it the entire treatment record of the deceased. In response, the Superintendent informed to the Commission that the undertrial prisoner did not express any complaint concerning his ill-health till 18 December 2008; hence, there was no treatment record of the deceased in the prison. Since the deceased died at the young age of 31 years and at the time of his admission to the jail he was suffering from bronchitis and weighed only 40 kg., expert opinion from an empanelled doctor was sought. The expert vide his report dated 5 April 2011 opined that “considering the chronology of events, I am of the opinion that it is unlikely that for eight months the disease, which he was suffering from, will not give rise to any symptoms and suddenly within one day the person dies. Even at the time of entry in the jail, the person had complained of breathlessness (Bronchitis), but no treatment was provided to him by the jail authorities. Prima facie this is a clear cut case of medical negligence in which no treatment was provided to a young prisoner of 31 years for eight long months, which has ultimately resulted in his death”. 4.41 The Commission observed that as the medical negligence was established, the State was liable to compensate the next of kin of the deceased. Consequently, the Commission directed to issue a show-cause notice u/s 18 (a) (i) of the PHRA to the Government of Andhra Pradesh, to show-cause as to why monetary relief should not be recommended for the next of kin of the deceased. 4.42 The reply to the show-cause notice has been received from the Government of Andhra Pradesh and the same is under consideration of the Commission. Police Custody 10. Alleged Death of a Minor Boy in Mawryngkneng Police Outpost in East Khasi Hills District, Meghalaya (Case No. 10/15/2/09-10-AD) 4.43 The Commission received a complaint dated 11 May 2009 from one Shri Suhas Chakma, Director, National Campaign for Prevention of Torture in Janakpuri, New Delhi alleging that a minor boy Sngewlem Kharsati, aged 17 years and residing in Puriang village in East Khasi 26 NHRC