The widow had received contradictory information about the cause of her husband’s death
A second post-mortem on the body revealed that the jawan’s left kidney had been removed
The Delhi High Court on Monday awarded a compensation of Rs.10 lakh to the widow of an Indian Army soldier as damages for removal of his left kidney following his death under mysterious circumstances in Jammu and Kashmir in 2001.
The widow, Sapna Tyagi, had moved the High Court following receipt of contradictory information about the cause of death of her husband, Ajay Kumar, from 101 Engineer Regiment where he was posted as a sapper in Baramulla.
Initially the regiment informed Sapna Tyagi that Ajay Kumar had died in an encounter with terrorists. It later changed the version and intimated to her that he had committed suicide.
After conducting post-mortem, the regiment handed over the body to his family. The autopsy report said that Ajay Kumar had died due to “asphyxia”.
However, suspicious of the cause of death mentioned in the post-mortem report, Sapna Tyagi moved the District Magistrate at Meerut in Uttar Pradesh seeking a direction for conducting a fresh autopsy on the body of her husband alleging that he had been murdered. The Tyagis lived in Meerut.
The Medical Officer there conducted a second post-mortem on the body and found that Ajay Kumar’s left kidney had been removed. However, he also confirmed “asphyxia” as the cause of death. When the Court asked counsel for the Army to explain the removal of the kidney which was not mentioned in the first post-mortem report, he submitted that the organ was taken out for forensic tests to rule out presence of any poison in the body.
But a report of the forensic laboratory where the doctor had the viscera of the deceased for forensic tests said that only a piece of the kidney was sent to it for that purpose.
In fact, counsel for the Army failed to explain to the Court how the left kidney of the deceased was removed.
The Court dismissed his defence saying that only portions of the organs of the dead body were sliced off for forensic tests.
The Court directed the Army to pay the compensation to Sapna Tyagi within three months of the order.
Source:- The Hindu Tuesday, May 26, 2009
http://www.hindu.com/2009/05/26/stories/2009052653680400.htm
The widow, Sapna Tyagi, had moved the High Court following receipt of contradictory information about the cause of death of her husband, Ajay Kumar, from 101 Engineer Regiment where he was posted as a sapper in Baramulla.
Initially the regiment informed Sapna Tyagi that Ajay Kumar had died in an encounter with terrorists. It later changed the version and intimated to her that he had committed suicide.
After conducting post-mortem, the regiment handed over the body to his family. The autopsy report said that Ajay Kumar had died due to “asphyxia”.
However, suspicious of the cause of death mentioned in the post-mortem report, Sapna Tyagi moved the District Magistrate at Meerut in Uttar Pradesh seeking a direction for conducting a fresh autopsy on the body of her husband alleging that he had been murdered. The Tyagis lived in Meerut.
The Medical Officer there conducted a second post-mortem on the body and found that Ajay Kumar’s left kidney had been removed. However, he also confirmed “asphyxia” as the cause of death. When the Court asked counsel for the Army to explain the removal of the kidney which was not mentioned in the first post-mortem report, he submitted that the organ was taken out for forensic tests to rule out presence of any poison in the body.
But a report of the forensic laboratory where the doctor had the viscera of the deceased for forensic tests said that only a piece of the kidney was sent to it for that purpose.
In fact, counsel for the Army failed to explain to the Court how the left kidney of the deceased was removed.
The Court dismissed his defence saying that only portions of the organs of the dead body were sliced off for forensic tests.
The Court directed the Army to pay the compensation to Sapna Tyagi within three months of the order.
Source:- The Hindu Tuesday, May 26, 2009
http://www.hindu.com/2009/05/26/stories/2009052653680400.htm
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