The appellant further prayed for a direction to the station house officer of the police station Okhla Industrial Area to register a case under section 302 IPC against the delinquent officer s .
He also told that Yunus was hospitalized at the ESI Hospital.
The appellant being aggrieved by the impugned judgment of the High Court has preferred this appeal.
Under the said threat and companyrcion, Afroz went to the village of Yunus and thereafter the police arrested Yunus.
According to the Board of Doctors, both the said injuries were simple in nature.
The postmortem examination was companyducted on the body of the deceased Yunus at the All India Institute of Medical Sciences AIIMS on 6.8.1999 and thereafter his dead body was handed over to the appellant in the presence of other relatives of the appellant.
Dr. D.N. Bhardwaj, Assistant Professor, Forensic Medicine and Toxicology, All India Institute of Medical Sciences AIIMS .
All injuries were simple in nature and were insufficient to cause death individually as well as companylectively in ordinary companyrse of nature.
The appellant Mohd.
The Sub Divisional Magistrate has made a companyprehensive inquiry.
Dr. Alexander Khaka, Specialist for Medicines, Safdarjung Hospital.
It is also incorporated in the appeal that the inquiry was also companyducted by the Sub Divisional Magistrate, Kalkaji, South District, New Delhi under section 176 Cr.
The Board of Doctors further examined the injuries and came to the companyclusion that all injuries present over the body were antemortem, recent in duration and were caused by blunt force.
It is also submitted that respondent number5 Sub Inspector of Police Mukesh Walia had approached Afroz, a friend of Yunus and threatened to implicate him in a false case under the Narcotic Drugs Psychotropic Substances Act, 1985 unless he helped the police in nabbing Yunus.
It was submitted that immediately after the incident, on 5.8.1999 at 10.00 am, the information was sent to the Chairman, National Human Rights Commission and the companyies of the same were sent to the District Magistrate, Delhi and the Deputy Commissioner South regarding the custodial death.
The High Court in the impugned order after perusing the report of the Sub Divisional Magistrate and the report of the Board of Doctors who companyducted postmortem examination of the deceased and came to the companyclusion that the death of the appellants brother was caused due to cardiac arrhythmias and the petition was disposed of.
P.C. The statements of the police officials who went to arrest Yunus were recorded by the Sub Divisional Magistrate on 5.8.1999.
The appellant who was at Mumbai immediately came to Delhi and learnt that his brother Yunus had died while he was in police custody.
Afroz was also put to cross examination about the infliction of the injuries.
On the same day a Board of Doctors was companystituted for the postmortem, which companyprised the following doctors Dr. O.P. Murti, Associate Professor, Department of Forensic Medicine and Toxicology, All India Institute of Medical Sciences AIIMS .
In the light of above, I am of the companysidered opinion that Anees Yunus died due to heart ailment which is explained by doctors in details and categorically opined that the deceased had high risk of sudden death with or without provocation and thus a natural death.
Brief facts which are necessary to dispose of this appeal are recapitulated as under In the intervening night at about 1.00 am on 4/5.8.1999, the appellant received a telephonic call from one Afroz who is a friend of the deceased Yunus, the elder brother of the appellant, and was told that on 4.8.1999 the police took Yunus to the police station Okhla Industrial Area and that he also accompanied Yunus to the police station.
The cause of injuries were explained by them that the accused put resistance at the time of his arrest and in the process the injuries were inflicted which are number willingly, were number sufficient to cause death.
Yasin had filed a writ petition before the Delhi High Court seeking directions to handover the investigation to the Central Bureau of Investigation into the death of his elder brother Yunus alias Anees who died on 4.8.1999 in police custody of the police station Okhla Industrial Area, New Delhi.
In this regard the panel of doctors who had companyducted the postmortem was examined separately and the police team and eye witnesses.
The police team, who brought the deceased from district Gurgaon to Delhi after arresting him were quite bonafide in their action and performed lawful duties arresting the deceased.
The statements of a large number of police official were also recorded.
The Sub Divisional Magistrate after companyprehensive inquiry arrived at the following companyclusion After perusal of the entire evidence on record, along with the opinion of the experts Board of Doctors , the following points were companye to the numberice.
Dalveer Bhandari, J. This appeal is directed against the judgment of the Division Bench of the Delhi High Court passed in Criminal Writ Petition No.917 of 1999 on 28.9.2001.
Anees Yunus was a registered Bad Character of Bundle A the register which is maintained for the persons who are under companystant and active surveillance of police station P.S. Okhla Industrial Area wanted in as many as 10 cases.
The statements of the relatives of the deceased were recorded.
It is further stated in the appeal that Yunus was in good health and he died in the police custody indicating that he did number die of natural death.
