# Kandaghat Man vs State Of H.P. And Ors

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2007-0013](https://datalibertarian.in/babuwatch/incident/CW-2007-0013)

## Report card

By judgment dated 31 October 2007, the High Court of Himachal Pradesh (Coram: Dev Darshan Sud, J.) returned findings adverse to the accused police personnel, and directed payment of compensation of Rs 2 lakh (Rs 2,00,000).

- Register number: HP 14 CW 0001
- Case reference: 2008 ACJ 1684; 2008(1) ShimLC 355
- Court and date: High Court of Himachal Pradesh (Coram: Dev Darshan Sud, J.), 31 October 2007
- Officer(s) at the material time: Not identified in the cited sources (Police Post Sairy / Police Station Kandaghat)
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Not stated in the cited sources
- Finding of the Court (extract): “The injuries on the scrotum and testicles of the deceased have not been explained.” (at para 18)
- Verdict, sentence and quantum: Adverse finding + compensation. Sentence: compensation only. Compensation: Rs 2 lakh (Rs 2,00,000).
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/1431596/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2007-0013)

**Record:** CW-2007-0013 (compiler id CWC-0059); case CHANDI-005
**Title:** Kandaghat Man vs State Of H.P. And Ors
**Court:** High Court of Himachal Pradesh; judges: Dev Darshan Sud
**Case number / citation:** 2008 ACJ 1684; 2008(1) ShimLC 355
**Judgment:** 2007-10-31 (2007, day precision)
**Incident date:** 2001-01-08 (2001)
**Place:** Solan, Himachal Pradesh; city town: Kandaghat; police station or unit: Police Post Sairy / Police Station Kandaghat; force: state_police
**Category:** Violence & unlawful detention
**Sub-category:** custodial death
**Outcome:** Adverse finding + compensation (adverse_finding_compensation)
**Officers (gated display forms):** None named (3 in record)
**Victims:** Kandaghat man, age 28 (1 in record)
**Sentence / compensation:** compensation only; Rs 2 lakh (Rs 2,00,000)
**Sentence type:** compensation only (compensation_only)

The High Court of Himachal Pradesh allowed the compensation plea of Santosh Kumari, widow of a Kandaghat man (28), arrested on January 8, 2001 in excise FIR No. 4 of 2001 and found unconscious with head, shoulder, eye and genital injuries while being escorted by Police Post Sairy staff; he died at IGMC Shimla on January 9, 2001. Police claimed he jumped from a running bus near Boileauganj while escaping, while the family alleged custodial torture, delayed treatment and a post-mortem held two days after death. The Court found no compliance with the mandatory D.K. Basu safeguards, noted the SDM enquiry accepted police carelessness and that the scrotum and testicle injuries were unexplained, and directed the petitioner be paid Rs. 2,00,000 (non-recoverable, adjustable against any future civil award), leaving her free to approach courts or the State Human Rights Commission for further relief. Matters not addressed in the cited judgment text are not recorded here.

> The injuries on the scrotum and testicles of the deceased have not been explained.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/1431596/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** brutality
**admin subcategory:** custodial_death
**allegations:** {'category': 'Custodial death', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 18
**display title redacted:** Kandaghat Man vs State Of H.P. And Ors
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2007-10-31', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'High Court of Himachal Pradesh', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The High Court of Himachal Pradesh recorded adverse findings against police personnel and ordered Rs 200,000.', 'disposition': 'Compensation ordered · Supports allegation (for the compensated wrong only)', 'source': '2008 ACJ 1684; 2008(1) ShimLC 355', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/1431596/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** custodial death
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** HP HC found HP police violated D.K. Basu safeguards in custody of a Kandaghat man (28) who died with unexplained injuries, awarded Rs. 2 lakh compensation.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Adverse finding + compensation.

[Open CW-2007-0013](https://datalibertarian.in/babuwatch/incident/CW-2007-0013)