NATIONAL HUMAN RIGHTS COMMISSION, INDIA
ix.
Upon compliance of its recommendation, the Commission vide its proceedings dated
23/01/2020 closed the case.
16. Death of three extremists namely Kashi Kol, Prasiddh and Santosh Yadav in the encounter
with police in a jungle near Matyaon Village of Rohtas, Bihar.
(Case No. 3088/4/28/2012-ED)
68
i.
The Commission received a communication from the Superintendent of Police, Rohtas,
Bihar regarding the encounter death of three extremists namely Kashi Kol, Prasiddh
and Santosh Yadav when police forces fired in self defence on 02.01.2012 in a jungle
near Matyaon Village. A copy of First Investigation Report (FIR) in the matter along with
a supervisory note, copy of post mortem report of each of the deceased and inquest
reports were also received with the communication and it was further stated therewith
that the matter could not be intimated earlier inadvertently. A crime case No.01/2012 was
registered at Police Station Chutiya relating to the incident.
ii.
Taking cognizance of the matter, the Commission directed the District Collector, Rohtas,
Bihar and Superintendent of Police, Rohtas, Bihar to submit legible copies of the inquest
reports and post mortem reports along with magisterial enquiry report and final
independent investigation report in the matter within eight weeks.
iii.
On perusal of the report received in response to the Commission’s directions, it was noted
that Sub-Divisional Officer (SDO), Dehri examined the relevant records and recorded the
statements of witnesses during the enquiry. On analysis of the statements of witnesses
and other evidence, the Magistrate found no foul play in the encounter between the
police party and the extremists. He concluded that the police team had resorted to fire in
exercise of the right of self defence as a result the three deceased were killed in a genuine
encounter.
iv.
A perusal of the post mortem reports of the three deceased indicated that the cause of
death was due to shock and hemorrhage due to firearm injuries. However, in the post
mortem report of deceased Kashi Kol, blackening all around ¼ diameter margin inverted
left side of neck under was observed and two blackening were observed on the entry
wounds of the deceased Santosh Yadav. SP, Rohtas was, therefore, asked to get the opinion
of a board of doctors about the blackening on the entry wounds observed in the post
mortem report of the above deceased persons.
v.
SP, Rohtas vide communication dated 29.07.2019 forwarded a report dated 27.03.2018 of
Medical Officer, Sasaram, wherein, he had given his findings on the blackening found on
the body of the deceased persons. The same was already received and considered by the
Commission.
vi.
The Commission has thoroughly examined the material on records. In the post mortem
report of one of the deceased Santosh Yadav, blackening was observed in two bullet
ANNUAL REPORT 2019-20