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THIS INQUIRY PERTAINS TO THE DEATH OF CONVICT

DHARAMBIR SON OF GAJE SINGH, VILLAGE PAI, P.S. PUNDRI,
DISTRICT KAITHAL.

This inquiry pertains to Dharambir s/o Gaje Singh, resident of

village Pai, P.S. Pundri, District Kaithal. Before proceeding further, it is pertinent

to refer to relevant of sub section 1(a) of section 176 of Cr.P.C. which is as

under:

1. any person dies or disappears, or

2. rape is alleged to have been committed on any woman, while such person

or woman is in custody of the police or in any other custody authorized by

the Magistrate or the Court, under this code in addition to the inquiry or

investigation held by the police, an inquiry shall be held by the Judicial

Magistrate or the Metropolitan Magistrate, as the case may be with in

whose local jurisdiction the offense has been committed.

2. Perusal of the supra sub Section 1(a) of Section 176 of the Code of

Criminal Procedure Code, 1973 reflects that the Judicial Magistrate has to hold

an inquiry in addition to the inquiry or investigation held by the police. Meaning

thereby that the inquiry by the Magistrate is separate and distinct from the

investigation which may be carried out by the police. The inquiry by the Judicial

Magistrate does not exempt the police to carry out an independent investigation

in the case and rather the police shall carry out their independent investigation.

The inquiry by the Judicial Magistrate shall not be construed to exempt the police

from doing the investigation just on the pretext that the judicial inquiry is going

on in the case.

3. In reference to order dated 21.12.2014 passed by Ld. District &

Sessions Judge, Kaithal the undersigned was appointed as enquiry officer to

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conduct judicial inquiry under section 176 Cr.P.C. regarding the custodial death

of prisoner Dharambir son of Gaje Singh, resident of village Pai, P.S. Pundri,

District Kaithal. After that undersigned reached at General Hospital, Kaithal on

the same day at about 10:50 PM to conduct inquest proceeding under section 176

of Cr.P.C regarding custodial death of convict Dharambir son of Gaje Singh.

Thereafter, undersigned physically examined the dead body of convict

Dharambir son of Gaje Singh kept at mortuary house and requested the Chief

Medical Officer, Kaithal to constitute a penal of doctors for postmortem of dead

body of convict Dharambir son of Gaje Singh. In the mean while undersigned

recorded the statements of Anil Kumar Warde, District Jail, Kaithal which is

(Annexure-1), Ram Kumar Assistant Superintendent, District Jail, Kaithal which

is (Annexure-2), Balbir s/o Zile Singh which is (Annexure-3) and Sonu s/o

Dheera Ram which is (Annexure-4). After writing the brief facts of the incident

in the inquest report, I handed over the inquest report to Dr. Anup Mehta.

Thereafter penal of doctors, consisting Dr. Anup Mehta, Dr. Kavita Goel and Dr.

Ashmit conduct the postmortem of dead body of prisoner Dharambir son of

Gaje Singh in my presence under videography. After some time undersigned

received the copy of Post-Mortem report of dead body of convict Dharambir

son of Gaje Singh. Viscera of deceased Dharambir son of Gaje Singh sent to

department of histopathology PGIMS, Rohtak.

4. IW-1 Anil Kumar s/o Prem Parkash, Warder, District Jail, Kaithal

stated that he was posted as warder in District Jail, Kaithal from last two years

and before his posting at District Jail, Kaithal, convict Dharambir s/o Gaje singh

was suffering from T.B and his treatment was undergone from PGI, Rohtak.

Convict Dharambir was admitted to civil Hospital, Kaithal on 18/12/2014 from

where he discharged on 20/12/2014. on dated 21/12/2014, at early morning, he

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again admitted to Civil Hospital, Kaithal as he was very ill and his situation was

very critical. He along with Warder Satpal reached civil hospital, Kaithal at 4:20-

4:25 Am on 21/12/2014 where Doctor declared him dead.

5. IW-2 Ram Kumar s/o Prithi Singh Assistant Superintendent,

District Jail, Kaithal stated in his statement that he was posted as night patrolling

officer in District Jail, Kaithal. On dated 21/12/2014 at about 3:30 AM, warder

Pawan Singh and warder Balwant Singh told him about the critical situation of

convict Dharamvir s/o Gaje Singh. Thereafter warder Anil Kumar and warder

Satpal take convict Dharambir s/o Gaje singh to Civil Hospital, Kaithal and they

reached there at 4:20-4:25 AM. He also stated that at that time Doctor on duty

after check the convict Dharambir declared him dead.

6. IW-3 Balbir S/o Zile Singh Cousin brother of deceased Dharambir

stated in his statement that Dharambir was in jail from last 13 years as he

murdered his wife. He also stated that Dharambir was suffering from T.B and his

treatment was undergone from PGI, Rohtak. He received telephonic message

regarding death of Dharambir in hospital. On this he reached Civil Hospital and

identified the dead body of his cousin brother deceased Dharambir.

7. IW-4 Sonu S/o Dheera Ram Nephew of deceased Dharambir stated

in his statement that Dharambir was in jail from last 13 years as he murdered his

wife. He also stated that Dharambir was suffering from T.B and his treatment was

undergone from PGI, Rohtak. He further stated that on dated 21/12/2014 he came

to know about the death of Dharambir in hospital. On this he reached Civil

Hospital and identified the dead body of his Parental Uncle deceased Dharambir.

He also stated that Deceased was died due to disease of old T.B.

8. On next day I.e 22.12.2014, the undersigned visited the District Jail,

Kaithal and recorded the statement of Surender Kumar Deputy Superintendent,

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District Jail,Kaithal which is (Annexure-5) and Warder Balwant Singh Belt no.

2436 District Jail, Kaithal which is (Annexure-6). After recording the statement

of Warder Balwant Singh undersigned visited the Block No-7, Room No-2 of

District Jail, Kaithal, where deceased convict Dharambir son of Gaje Singh was

confined. Thereafter, undersigned visited the other prisoners of Block No-7,

Room No-2 and inquire about the death of Dharambir son of Gaje Singh. Gaje

Singh son of Kali Ram who is the father of deceased convict Dharambir was

also resided in Block No-7, Room No-2. Undersigned also personally meet with

Gaje Singh son of Kali Ram and inquire about the death of his deceased son

Dharambir. Thereafter I recorded the statement of Gaje Singh son of Kali ram

which is (Annexure-6), Balwant Singh Warder which is (Annexure-7)

Nambardar Balwinder Singh which is (Annexure-8) and prisoner Amardeep

Singh s/o Pirthipal which is (Annexure-9).

9. IW-5 Surender Kumar, Deputy Superintendent, District Jail,

Kaithal stated in his statement that he was posted as Deputy Superintendent in

District Jail, Kaithal from 14/1/2014 and since then he saw convict Dharambir

suffering from disease of T.B. He also stated that convict Dharambir s/o Gaje

Singh was awarded life imprisonment u/s 302,498-A,34 IPC, P.S Pundri.

Convict Dharambir was admitted to civil Hospital, Kaithal on 18/12/2014 from

where he discharged on 20/12/2014. on 21/12/2014 at about 3:55 AM, night

patrolling officer Ram Kumar informed him regarding the critical condition of

convict Dharambir. Thereafter he reached on the spot and ask the warder Anil

Kumar, warder Satpal and Asst. Superintendent Ram Kumar to admit him in Civil

Hospital. After one hour he received telephonic message from Asst.

Superintendent Ram Kumar regarding the death of convict Dharambir.

10. IW-6 Gaje Singh S/o Kali Ram, father of deceased Dharamvir stated
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in his statement that his son Dharmbir was very ill and medical treatment was

given to him in jail or in hospital in case of emergency. He stated that he and his

son were resided in Block No.7, Room No.2. On the evening of 20/12/2014 his

son came back to Jail from hospital. In the morning of 21/12/2014 at about 2:00-

3:00 AM pain was started in chest of his son. After some time when condition of

his son become very critical then he inform the Jail official present there, who

called other officers. Thereafter his son was admitted to civil hospital from where

he came to know about the death of his son Dharambir. He also stated that his son

was died from disease as he had pain in his chest.

11. IW-7 Balwant Singh Belt no. 2436, Warder District Jail, Kaithal

stated in his statement that he was posted as Warder in District Jail, Kaithal from

29/4/2013. on dated 21/12/2014 at about 3:30 AM on call from a convict he

reached block no.7 where Nambardar of that block told him about the ill health of

convict Dharambir S/o Gaje Singh. On this he inform about this to Night

patrolling officer Ram Kumar, Asst. Superintendent and warder Surjeet, who

came on the spot and admitted him immediately at civil hospital, Kaithal. He

stated that he came to know later on about the death of convict Dharambir s/o

Gaje singh. He also stated that since his posting in district jail, Kaithal he saw

convict Dharambir suffering from the disease of T.B.

12. IW-8 Statement of Balwinder Singh S/o lal Singh Nambardar,

Block No. 7, Room no.2 District Jail, Kaithal stated in his statement that on

dated 21/12/2014 at about 3:30 AM, Gaje Singh told him about the ill health of

his Son Dharambir. On this he inform Night patrolling officer, who came on the

spot and after seen the critical condition of Dharambir, got admitted him at civil

hospital, Kaithal. He stated that he came to know later on about the death of

convict Dharambir s/o Gaje Singh. He also stated that from last 2 years he saw
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convict Dharambir suffering from the disease of T.B.

13. IW-9 Statement of Amardeep Singh s/o Prithipal, convict, Block

no.7, Room No.2, District Jail, Kaithal stated in his statement that he is also

residing in Block no.7, Room No.2 of District Jail, Kaithal and knew the convict

Dharambir very closely. He stated that from the day he came to jail he saw

convict Dharambir in ill condition. He stated that he came back to jail on

20/12/2014 but his condition again become worst on 21/12/2014 so Nambardar

call the officers on duty, who admitted convict Dharambir at Civlil Hospital,

Kaithal. He stated that he came to know about the death of Dharambir at about 8

AM.

14. Thereafter, notice was issued to SHO, P.S Civil Line, Kaithal to

deposit the Viscra report of Deceased Dharambir S/o Gaje singh after obtain the

same from Department of Histopathology PGIMS, Rohtak. On this IW-10 HC

Ravinder Singh no. 166 P.S Civil Lines, Kaithal appeared in court on 19.8.2015

and tendered Viscra report of deceased Dharambir as Annexure-A. His statement

to that effect also recorded separately which is (Annexure-10). Thereafter

notices to medical officers who done the post mortem of dead body of deceased

Dharambir were issued. In pursuance to notice Dr. Anoop Mehta Now posted as

M.O LNJP, Kurukshetra appeared and tendered affidavit Annexure-Z( also

signed by Dr. Kavita Goyal and Dr Ashmeet Latter, members of board) Statement

of IW-11 Dr. Anoop Mehta also recorded separately which is (Annexure-11) in

which he is stated that as per the report of Histopathology Department PGI,

Rohtak, No.Path./15/ 268 dated 10.3.2015 of Dharambir s/o Gaje Singh, 30 years,

Male vide PMR no. AL/KG/AGM/17/2014 dated 21/11/2014 is compatible with

Tuberculosis of lung. So as per the board opinion cause of death in this case is

advanced stage of Tuberculosis with lung disease which is Ante-Mortem in nature

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and sufficient to cause death in normal course of life.

OPINION.

A careful perusal of statements of IW-1 and IW3 to IW-9 makes it

quite clear that the deceased Dharambir had been suffering from Tuberculosis. It

is also came on record from the statements of all the witnesses that deceased

Dharambir was admitted to Civil Hospital, Kaithal for treatment and he was

discharged from Civil Hospital, Kaithal on 20/12/2014 and again admitted to

Civil Hospital, Kaithal on the morning of 21/12/2014 where he was dead. Hence

there is no dispute regarding illness of the deceased. Further the physical

appearance of the dead body as well as postmortem report makes it quite clear

that there was no external mark of injury upon the dead body of Dharambir.

Further as per statement of IW-5 Surender Kumar, Deputy Superintendent,

District Jail, Kaithal, convict Dharambir s/o Gaje Singh and his father Gaje

Singh s/o Kali Ram were awarded life imprisonment u/s 302,498-A,34 IPC, P.S

Pundri as he murdered his wife. IW-6 Gaje Singh S/o Kali Ram, father of

deceased Dharambir stated in his statement that his son Dharambir was very ill

and medical treatment was given to him in jail or in hospital in case of

emergency. He also stated that his son was died from disease as he had pain in

his chest. From the statement of IW's it also came on record that as soon as jail

authorities received information regarding critical condition of Dharambir they

took him to civil Hospital, Kaithal. Hence on the basis of discussion made above

I am of the considered view that jail authorities tried in a reasonable manner for

getting admitted the deceased Dharambir in Civil Hospital,Kaithal where from

his treatment had already been going on and he was discharged on the evening of

20/12/2014. Further perusal of postmortem report Annexure B also shows that

the apparent cause of death of Dharambir in this case is lung disease. The
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deceased was not having any mark of external injury on his body.

15. Further, from the perusal of report Annexure-A of Histopathology

Department PGI, Rohtak, No.Path./15/ 268 dated 10.3.2015 of Dharambir s/o

Gaje Singh, 30 years, Male vide PMR no. AL/KG/AGM/17/2014 dated

21/11/2014 is compatible with Tuberculosis of lung. As per the report Gross

Description is:-

1. Lung : received two pieces of lung, larger piece

weighing 50 gms measuring 8x6x3 cm, smaller

piece weighing 30 gms, measuring 5x4x3 cms.

Cut section shows multiple grey white areas

varying in diameter from 0.3 to 2 cms.

MICROSCOPIC EXAMINATION

1. Piece of lung ; Microsections examined from pieces of

lung show necrotizing granulomatous inflammation,

Staining for acid fast bacilli using 20% H2SO4 is

positive. Compatible with tuberculosis of lung.

16. Further, IW-11 Dr. Anoop Mehta also recorded his statement

separately who also stated that as per the report of Histopathology Department

PGI, Rohtak, No.Path./15/ 268 dated 10.3.2015 of Dharambir s/o Gaje Singh, 30

years, Male vide PMR no. AL/KG/AGM/17/2014 dated 21/11/2014 is compatible

with Tuberculosis of lung. Further, as per the medical board opinion cause of

death in this case is advanced stage of Tuberculosis with lung disease which is

Ante-Mortem in nature and sufficient to cause death in normal course of life.

17. Hence while there was no mark of external injury and as per PMR,

Viscera Report and statement of IW-11 the cause of death is tuberculosis, to my

mind there is no dispute qua the fact that cause of death of the deceased
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Dharambir is cancer. Even relatives of Dharambir since deceased I.e IW-3 Balbir

S/o Zile Singh Cousin brother of deceased Dharambir, IW-4 Sonu S/o Dheera

Ram Nephew of deceased Dharambir and IW-6 Gaje Singh S/o Kali Ram, father

of deceased Dharambir nowhere disputed the fact that he had been suffering from

tuberculosis and his death has been caused because of lung disease/tuberculosis.

Therefore on the basis of discussion made above it becomes quite clear that the

cause of death of Dharambir is advanced stage of tuberculosis only. Postmortem

report categorically says that he has died because of illness of lung disease.

Hence on the basis of discussion made above I have no hesitation to hold that the

cause of death of Dharambir S/o Sh. Gaje Singh is advanced stage of tuberculosis

with lungs disease which is ante-mortem in nature and sufficient to cause death in

normal course of life.

Submitted please.

(Davender)
Inquiry Office-cum
Judicial Magistrate Ist Class,
Gurgaon.
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No___________________dated_____________________

From

Davender
Civil Judge (Jr. Div.)-Cum
Judicial Magistrate Ist Class.
Gurgaon

To

Ld. District & Sessions Judge

Kaithal.

(through proper channel)

Subject : Custodial death of convict Dharambir s/o Gaje Singh on

21.12.2014 who was lodged in District Jail, Kaithal, Haryana

R/Madam,

In reference to office letter no. 5480 dated 13.07.2015 issued by

office of Ld. District & Sessions Judge, Kaithal, conveyed to undersigned by
office letter no. RD8882 dated 15.07.2015, office letter no. 5942 dated
22.07.2015 issued by office of Ld. District & Sessions Judge, Kaithal, conveyed
to undersigned by office letter no. 22102 dated 29.07.2015 and office letter no.
10062 dated 18.12.2015 issued by office of Ld. District & Sessions Judge,
Kaithal, conveyed to undersigned by office letter no. 38446 dated 21.12.2015, the
complete inquiry report along with original statements/documents Annexure-1 to
Annexure-11, Annexure-PA, Annexure PB & Annexure-PZ is hereby submitted
as desired.

Yours faithfully,

Davender
Judicial Magistrate Ist Class
Gurgaon