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Himachal Pradesh Custodial Death Case: Victims Tortured with Sticks and Bichoo Butti Plant, Hanged Upside Down

DSP Claims, “This is a Battle of Righteousness, Suraj Singh Was Meant to Be Hanged”

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Himachal Pradesh Custodial Death Case: Victims Tortured with Sticks and Bichoo Butti Plant, Hanged Upside Down
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Shimla, January 29: In the CBI case that resulted in the conviction of eight Himachal Pradesh (HP) Police officers, including former IG ZH Zaidi, a pivotal testimony came from Dinesh Kumar, a constable who was serving as a sentry at the Kotkhai police station at the time. His statement played a crucial role in the case’s outcome.

During his examination-in-chief, Dinesh Kumar testified that Manoj Joshi, the then DSP of Theog, had made a chilling remark: “Dinesh, this is nothing, it’s a religious war, and anyone can die. Suraj Singh was already an accused and was meant to be hanged anyway. What difference does it make if he dies at our hands?”

In cross-examination, Dinesh Kumar was questioned about his statement under Section 161 of the CrPC, where no mention of the specific remarks made by Manoj Joshi was recorded. He acknowledged that the exact words he attributed to Joshi were not part of his earlier testimony.

The defense contested the testimonies of key CBI witnesses, including Dinesh, Rajinder alias Raju, Subhash, and then-night Munshi Mukesh Sharma, citing inconsistencies and claims of coaching by the CBI. They also pointed out contradictions in the statements given by Dinesh and Mukesh Sharma. Despite these challenges, the CBI court, in its comprehensive 364-page judgment, noted:

The court stated, “It is reasonable to conclude that these witnesses underwent thorough and prolonged cross-examination. Despite this, their testimony on key details remained intact. Minor inconsistencies are inevitable in genuine testimony, influenced by factors like individual background and perception. Witnesses should not be expected to provide flawless, rehearsed accounts.”

The court also observed that the incident occurred in 2017, and the witnesses were testifying after a lapse of four to five years. This time gap, the court noted, could account for any minor discrepancies in their recollections.

The Fateful Night of Suraj Singh’s Death

As per the court’s judgment, Dinesh Kumar was assigned to general duty at the Kotkhai police station from October 2016 to July 2017. On the night of July 18, 2017, he was placed on sentry duty at the lock-up from 9 pm to midnight. Around 9:30 pm, three suspects—Subhash, Rajinder Singh alias Raju, and Suraj Singh (who later died)—were brought in from the Jubbal police station. SHO Kotkhai, Rajinder Singh, instructed Dinesh to provide them with food.

At approximately 11:45 pm, SHO Kotkhai and other implicated police officers brought Suraj Singh downstairs in an unconscious condition. They informed Dinesh that Suraj had collapsed during interrogation and was being transported to the hospital for treatment.

Dinesh also testified that DSP Theog, Manoj Joshi, instructed SHO Kotkhai to stay composed, as they planned to frame the incident as Rajinder alias Raju killing Suraj Singh inside the lock-up. It was only later that Dinesh learned from SHO Kotkhai that Suraj had, in fact, died.

The following day, SHO Kotkhai informed Dinesh that, since the incident took place during his shift, an FIR would be filed based on his account. He was instructed to claim that Rajinder alias Raju had killed Suraj Singh. Later, when Dinesh recounted the incident to IG Zaidi, constable Vipan had him sign a complaint. Dinesh admitted that he signed it in a state of fear and confusion, convinced he was providing an honest statement to his superiors.

On July 20, 2017, Dinesh received a call from SHO Kotkhai, asking him to come to Theog to record his statement under Section 176 of the CrPC. Before doing so, he was advised to meet DSP Joshi, who reassured him that his deposition would be presented to the magistrate later that evening. Joshi allegedly insisted that Dinesh state that Rajinder alias Raju had killed Suraj Singh.
Between July 20 and July 23, 2017, Dinesh received several calls from SHO Kotkhai, who repeatedly pressured him to provide a statement that would protect all the accused officers. In response, Dinesh began recording these conversations. During one call, SHO Kotkhai allegedly revealed that IG Zaidi and DSP Joshi had assured him that they would be safe and that they would “manage” the CBI investigation.

Accounts of Brutality: Testimonies of Torture

Rajinder Singh alias Raju, one of the suspects initially booked for Suraj Singh’s murder, testified that he, Suraj, and others were brutally beaten in custody. According to Raju’s statement, they were assaulted with sticks and a bichoo butti plant (a stinging nettle) and hung upside down to force a confession.
Raju, initially named as one of the five suspects in the case of a minor’s rape and murder, was later cleared by the CBI. The CBI found no evidence linking him, Suraj, or the other suspects—Subhash, Rajinder, Lokjan, and Deepak—to the crime. Eventually, a Shimla court convicted a man named Anil for the minor’s rape and murder.

In the meantime, the comprehensive judgment in the custodial death case of Suraj Singh was made public on Tuesday, leading to the conviction of former IG ZH Zaidi along with seven other police officers on charges of murder.

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