Himachal Pradesh custodial death case: They were hung upside down, assaulted with sticks, a bichoo butti plant

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Among the testimonies of prosecution witnesses successful the CBI lawsuit that led to the condemnation of 8 Himachal Pradesh (HP) Police officials, including erstwhile IG ZH Zaidi, 1 cardinal connection came from Dinesh Kumar, a constable past posted arsenic a sentry astatine Kotkhai constabulary station.

During his examination-in-chief, Dinesh deposed that Manoj Joshi, the past DSP of Theog, had told him: “Dinesh, is main kuch nahi hota, ye dharam yudh hai, is main koi bhi mara jayega. Suraj Singh toh accused tha hi, usage toh fansi honi hullo thi, agar voh humse mara gaya toh kya hua.” (Dinesh, determination is thing successful this, it is simply a spiritual war, and anyone tin die. Suraj Singh was an accused and was to beryllium hanged anyway, truthful what quality does it marque if helium died astatine our hands?)

However, during cross-examination, Dinesh was confronted with his connection nether Section 161 of the CrPC, wherever nary specified remarks were recorded. He admitted that the nonstop words attributed to Joshi had not been mentioned earlier.

The testimonies of CBI’s cardinal witnesses, including Dinesh, Rajinder alias Raju, Subhash, and past nighttime Munshi Mukesh Sharma, were challenged by the defence connected the grounds of inconsistencies and alleged tutoring by the CBI. The defence besides argued that Dinesh and Mukesh Sharma had fixed contradictory statements. However, the CBI court, successful its 364-page judgment, observed:

“It tin beryllium reasonably inferred that these witnesses were subjected to extended and lengthy cross-examination. Despite that, their grounds connected worldly particulars could not beryllium shattered. Some discrepancies are bound to hap successful earthy testimony, depending connected factors specified arsenic inheritance and perception. Witnesses cannot beryllium expected to marque parrot-like depositions.”

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The tribunal besides noted that the incidental took spot successful 2017, and witnesses were deposing aft a spread of 4 to 5 years, which could explicate insignificant inconsistencies.

The nighttime of Suraj Singh’s death

According to the court’s judgment, Dinesh was posted connected wide work astatine Kotkhai constabulary presumption from October 2016 to July 2017. On July 18, 2017, helium was assigned sentry work astatine the lock-up from 9 p.m. to midnight. At astir 9:30 pm, 3 suspects—Subhash, Rajinder Singh alias Raju, and Suraj Singh (since deceased)—were brought from Jubbal constabulary station. SHO Kotkhai, Rajinder Singh, directed Dinesh to supply them with food.

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Around 11:45 pm, SHO Kotkhai and different accused constabulary officials brought Suraj Singh downstairs successful an unconscious state, telling Dinesh that helium had fainted during interrogation and was being taken to the hospital.

Dinesh further testified that DSP Theog (Manoj Joshi) told SHO Kotkhai to stay calm, arsenic they would represent the incidental arsenic Rajinder alias Raju sidesplitting Suraj Singh wrong the lock-up. Later, Dinesh learned from SHO Kotkhai that Suraj had died.

The adjacent day, SHO Kotkhai told Dinesh that since the incidental had occurred during his work hours, an FIR would beryllium registered based connected his statement. He was asked to authorities that Suraj Singh had been killed by Rajinder alias Raju. When Dinesh aboriginal narrated the incidental to IG Zaidi, constable Vipan took his signature connected a complaint. Dinesh said helium signed it successful a authorities of fearfulness and confusion, believing helium was telling the information to his superiors.

On July 20, 2017, Dinesh received a telephone from SHO Kotkhai, instructing him to travel to Theog to grounds his connection nether Section 176 of the CrPC. Before giving the statement, helium was advised to conscionable DSP Joshi, who assured him that his deposition would beryllium taken earlier the magistrate successful the evening. Joshi allegedly pressed upon him to authorities that Raju had killed Suraj Singh.

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From July 20 to July 23, 2017, Dinesh received aggregate telephone calls from SHO Kotkhai, who pressured him to springiness a connection that would prevention each the accused officers. Eventually, Dinesh began signaling these calls. During 1 of these conversations, SHO Kotkhai allegedly told him that IG Zaidi and DSP Joshi had assured him that thing would hap to them and that they would “manage” the CBI inquiry.

Testimonies of torture

Rajinder Singh alias Raju, 1 of the suspects initially booked for Suraj Singh’s murder, testified that he, Suraj, and others were brutally beaten successful custody. According to Raju’s statement, they were assaulted with sticks and a bichoo butti works (a stinging nettle) and hung upside down to unit a confession.

Raju, initially named arsenic 1 of the 5 suspects successful the lawsuit of a minor’s rape and murder, was aboriginal cleared by the CBI. The CBI recovered nary grounds linking him, Suraj, oregon the different suspects—Subhash, Rajinder, Lokjan, and Deepak—to the crime. Eventually, a Shimla tribunal convicted a antheral named Anil for the minor’s rape and murder.

Meanwhile, the elaborate judgement successful the custodial decease lawsuit of Suraj Singh was released connected Tuesday, convicting erstwhile IG ZH Zaidi and 7 different policemen of murder.

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