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

However, during cross-examination, Dinesh was confronted with his statement under Section 161 of the CrPC, where no such remarks were recorded. He admitted that the exact words attributed to Joshi had not been mentioned earlier.

The testimonies of CBI’s key witnesses, including Dinesh, Rajinder alias Raju, Subhash, and then night Munshi Mukesh Sharma, were challenged by the defence on the grounds of inconsistencies and alleged tutoring by the CBI. The defence also argued that Dinesh and Mukesh Sharma had given contradictory statements. However, the CBI court, in its 364-page judgment, observed:

“It can be fairly inferred that these witnesses were subjected to extensive and lengthy cross-examination. Despite that, their testimony on material particulars could not be shattered. Some discrepancies are bound to occur in natural testimony, depending on factors such as background and perception. Witnesses cannot be expected to make parrot-like depositions.”

The court also noted that the incident took place in 2017, and witnesses were deposing after a gap of four to five years, which could explain minor inconsistencies.

The night of Suraj Singh’s death

According to the court’s judgment, Dinesh was posted on general duty at Kotkhai police station from October 2016 to July 2017. On July 18, 2017, he was assigned sentry duty at the lock-up from 9 pm to midnight. At around 9:30 pm, three suspects—Subhash, Rajinder Singh alias Raju, and Suraj Singh (since deceased)—were brought from Jubbal police station. SHO Kotkhai, Rajinder Singh, directed Dinesh to provide them with food.

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

Dinesh further testified that DSP Theog (Manoj Joshi) told SHO Kotkhai to remain calm, as they would portray the incident as Rajinder alias Raju killing Suraj Singh inside the lock-up. Later, Dinesh learned from SHO Kotkhai that Suraj had died.

The next day, SHO Kotkhai told Dinesh that since the incident had occurred during his duty hours, an FIR would be registered based on his statement. He was asked to state that Suraj Singh had been killed by Rajinder alias Raju. When Dinesh later narrated the incident to IG Zaidi, constable Vipan took his signature on a complaint. Dinesh said he signed it in a state of fear and confusion, believing he was telling the truth to his superiors.

On July 20, 2017, Dinesh received a call from SHO Kotkhai, instructing him to come to Theog to record his statement under Section 176 of the CrPC. Before giving the statement, he was advised to meet DSP Joshi, who assured him that his deposition would be taken before the magistrate in the evening. Joshi allegedly pressed upon him to state that Raju had killed Suraj Singh.

From July 20 to July 23, 2017, Dinesh received multiple phone calls from SHO Kotkhai, who pressured him to give a statement that would save all the accused officers. Eventually, Dinesh began recording these calls. During one of these conversations, SHO Kotkhai allegedly told him that IG Zaidi and DSP Joshi had assured him that nothing would happen to them and that they would “manage” the CBI inquiry.

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.

Meanwhile, the detailed judgment in the custodial death case of Suraj Singh was released on Tuesday, convicting former IG ZH Zaidi and seven other policemen of murder.