While according to the FIR Tomar was badly injured in the protest, officials at Ram Manohar Lohia Hospital, where Tomar died, said he had "no major external injury marks except for some cuts on his right knee and bruises on his chest".
A court here Thursday issued fresh notice to Delhi Police crime branch and Delhi Metro on the pleas of two accused in a constable's death for preserving the December 23 CCTV camera footage of two stations.
The court on Wednesday sought response from Delhi Police and Delhi Metro Rail Corporation (DMRC) on the pleas of brothers Kailash Joshi and Amit Joshi arrested after a violent protest at India Gate against the gang-rape of a 23-year-old woman.
Metropolitan magistrate Ambika Singh Thursday issued fresh notices for December 28 after the investigating officer (IO) told the court that the case was transferred to crime branch so no notice was served to DMRC. "Issue fresh notice to IO Crime Branch and DMRC to file the report," the court said.
Counsel Somnath Bharti, appearing for the accused, told the court that "there should be some reprimand to the IO for laxity in serving notice to DMRC".
The two moved the court saying they were in a metro train December 23 when the incident happened, and the CCTV footage of Rithala and Rajiv Chowk stations should be preserved to allow them to provide evidence.
On December 26, the Delhi Metro and Delhi Police were told to respond by Thursday. "I have one request: two of the accused were travelling in the metro when the incident happened. Its footage has to be preserved as it is important evidence," Bharti told the court.
Besides the brothers, Nafees, Shankar Bisht, Nand Kumar, Shantanu Kumar, Abhishek and Chaman Kumar have been named as accused for allegedly taking part in the protest December 23 in which constable Subhash Chand Tomar, 47, got injured, and died December 25.
The court had granted bail to all the accused December 24. After Tomar's death, they were booked for murder and the probe was handed over to the crime branch.
The first information report (FIR) said the eight accused indulged in the violent protest in which over 20 buses and other government vehicles were damaged.
While according to the FIR Tomar was badly injured in the protest, officials at Ram Manohar Lohia Hospital, where Tomar died, said he had "no major external injury marks except for some cuts on his right knee and bruises on his chest". Tomar was injured when a protest against the gang-rape of a paramedic student earlier on December 16 went out of control.
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