‘Living amid fear’: UP custodial death victim’s family questions clean chit to woman’s kin as 7 cops indicted

Sonu, who had eloped with a 20-year-old woman from the dominant Jaat community from the same village on the night of December 5, 2020, was arrested by the police five days later after her family filed a case of abduction against him.

The family alleged that the police cremated the body on their own after they refused to do so while demanding a post-mortem on it. (Express Photos by Gajendra Yadav)

But on December 12, the police arrived at Sonu’s house with his body claiming he committed suicide in their custody. The family alleged that the police cremated the body on their own after they refused to do so while demanding a post-mortem on it.

What happened next was a “naked display of violation of law”, they said.

The police, Devi claimed, filed a false report of suicide and tried to hush up the matter by making them strike a “compromise” with the other family.

But Sonu’s family, which belongs to a caste from the other backward classes (OBCs), approached the Allahabad High Court in January 2021 seeking justice for their son.

Trying to fill tobacco in his hookah, Ghurmal Singh said, “It was around 4 am when some policemen parked a vehicle in the street nearby. Since there was a wedding function in the village, we thought that the family called the police over some issue. But after a few hours, the cops parked the vehicle outside our house and asked us to perform Sonu’s funeral rites immediately. The very previous night they had assured us that he was fine and will be released soon.”

“They said Sonu died by suicide by using the drawstring of his trousers. But since he was wearing jeans, where did he find the drawstring? We told them that we wanted a post-mortem on the body, but they refused and forced us to take the body to the crematorium for the last rites. When we did not budge, they took the body to the crematorium where the woman’s family members were present. They cremated the body by pouring diesel and other inflammable material on it,” said a teary-eyed Singh.

The family says that Singh lost his eyesight nearly a year after the incident and they were unable to get him treated because of their poor financial condition.

The probe

Following the HC order, the Bulandshahr police had filed an FIR against 11 people, including three policemen and eight members of the woman’s family under Sections 302 (murder), 201 (causing disappearance of evidence of offense), 342 (wrongful confinement), 218 (public servant framing incorrect record or writing with intent to save a person from punishment) and 120-B (criminal conspiracy) of the Indian Penal Code.

The family has not received any compensation till date, adding that it was not only a case of murder, but also of honour killing. (Express Photo by Gajendra Yadav)

On the High Court’s orders issued in March 2022, the Meerut branch of the CB-CID (Crime Branch-Criminal Investigation Department) started an investigation into the case in July 2022 only to find the allegations of custodial death to be true and wrote to the Bulandshahr and Saharanpur district police to arrest seven policemen.

It has indicted seven policemen, including the then Khurja Nagar station house officer (SHO) Mithilesh Upadhyay, sub-inspectors Bahadur Singh and Ramsewak, two constables, and as many homeguards jawans, for murder and causing disappearance of evidence of offence. The investigators, however, did not find the allegation against the woman’s family to be true.

No one has been arrested so far as the accused are absconding.

Dissatisfied with the CB-CID investigation, the family on December 6 filed a fresh application in the Chief Judicial Magistrate’s court seeking a fairness and independent investigation afresh.

CB-CID Additional Superintendent of Police (Meerut) Alka said, “If the accused policemen do not surrender, we will initiate further proceedings to get non-bailable warrants issued against them.”

“We questioned all the witnesses, including the policemen who arrested the couple, the people present in the police station at the time of the incident, those lodged in the lock-up, and the family members from both sides. We also have video footage of the time when the victim was cremated forcibly without a post-mortem examination,” she added.

She continued, “The woman, who had eloped with Sonu, said that he did not force her to go with him and that he was innocent. She went with him on her own. Also, custodial death was proved in a judicial inquiry into this case and charges were not framed against the woman’s family.”

The ASP, however, did not comment on what was the motive of the policemen behind committing the crime.

While no one has been arrested so far, the family has raised a question mark on what basis the CB-CID gave the woman’s family a clean chit in the case.

Kin express despair & helplessness

Devi, who has to do farm work at this age to cater to her family’s needs, said, “There are only four families in this village from our caste. Even two of them sided with the other family after the incident. Just imagine how helpless we are. These people will not let us live in the village if they are not sent to jail. The CB-CID did not investigate the matter properly.”

“Soon after our son eloped with the woman, the police took away all our phones. One day, Sonu called on our number. This is how the police found his location. He was arrested from Naithala village in Baghpat district when he along with the was going on a bike. But they did not let us meet him in custody. My elder son requested them but they didn’t listen,” she added.

“Unhe laga ki naak kat jaayegi. Par kya mere bete ki hatya ke baad unki naak bach gayi? (They felt that this would bring them disrepute but did their respect increase after my son’s murder?). They were enraged by the fact that a boy from a poor family had taken away their daughter. This shows brazen arrogance on their part.”

Sonu’s family, which belongs to a caste from the other backward classes (OBCs), approached the Allahabad High Court in January 2021 seeking justice for their son. (Express Photo by Gajendra Yadav)

Sonu’s cousin Sundar, 38, who was allegedly beaten up by the police for refusing to cremate the body, said, “Some well-to-do people meted out injustice to us so blatantly. The SHO was sitting in the vehicle and did not even get out and watched the entire episode with his glasses on. Before we could know anything, they put the body on the already prepared pyre. They were at least 15 policemen.”

The family, he said, has not received any compensation till date, adding that it was not only a case of murder, but also of honour killing.

In its order, the High Court had categorically said that the “claim for the payment of compensation also ought to have been considered”.

Noting that custodial death was a serious matter, the court had directed the Additional Chief Secretary (Home) to examine the matter on priority.

Bulandshahr Senior Superintendent of Police (SSP) Shlok Kumar said that a team has been formed to arrest the accused at the earliest. “They are absconding and their phones are switched off. We are making efforts to nab them. As far as the family’s objection to the investigation is concerned, the district police cannot do anything about this as it was conducted by the CB-CID,” said Kumar.

Mukesh Kumar (33), the woman’s cousin who had filed a missing complaint against Sonu in December 2020, said that he and his family were falsely implicated in the case.

“I do not live in the village and have nothing to do with this case. At that time I had gone to attend a wedding in the village and they also made me an accused. The truth has come out in the CB-CID investigation,” said Kumar.