2. The fact finding team rejected the police story that Akhilesh died due to drowning in the well. It was observed by the team that postmortem report of the deceased revealed that the death was caused due to puncture of small intestine by some hard and blunt object (which is generally caused when a person is kicked severely and mercilessly in the stomach). The post mortem report also revealed that there was very small amount of liquid in the stomach (100 ml) and the lungs were clear. Had he died due to drowning, the lungs and stomach would have had larger amounts of liquid.
3. There were marks of intravenous injection on the hands of Akhilesh suggesting that he might have been taken to the doctors when his situation went bad.
4. The post mortem report conducted on 14th December gave the duration of death as 2 to 5 days before, however, the police said that the Akhilesh died on 5th, which is in not supported by the postmortem report.
5. It is also highly unlikely that Akhilesh fell into the well on 5th and died as in such a case his body would have been discovered much earlier. The well had also rings on the inner wall and anybody could have come out without much difficulty or else could have shouted for help as there are many houses within hearing distance.
6. There was no FIR or any case registered against Akhilesh, therefore his confinement is completely illegal, custodial torture resulting in death, and efforts to remove evidences etc. point to grave violations of laws of arrest and detention by the SP and other police officers.
7. Sanjay Shah’s brutal torture in the police custody too is completely illegal. He suffered fracture in the leg and the neck, which is not explained by police. Sanjay reported that the SP wanted him to confess that Akhilesh was with him since 5th December, the day on which Akhilesh was picked up by police.
8. The order for police firing was given by Naibtehsildar, who was officiating as Tehsildar. It needs to be noted that Tehsildar is a second class magistrate and does not have power to order firing. Even if he gave the orders on the instruction of the Collector, Collector failed to exercise reasonable care and caution in using the discretion vested in him.
Main recommendations of the fact finding team are as under