Annual Report 2009-2010 4.130 A magisterial enquiry was also conducted by the District Magistrate and Collector of West Tripura. During the course of inquiry, Sanjit Debbarma, Special Police Officer with the Tripura State Rifles (TSR) party at the time of the incident was examined and he stated that the firing was made only from the side of the TSR party and there was no firing from any militant group. On consideration of the evidence, the Magistrate stated that the TSR personnel had mistook the villagers to be militants and began firing without giving them an opportunity to disclose their identity. 4.131 On consideration of the magisterial inquiry, the Commission on 22 September 2009 established that Dhananjoy Debbarma had become a victim of reckless firing by Tripura State Rifles. He was not a militant and on the date of incident he had gone to the forest to collect fire-wood. The claim of the TSR party that he was killed in a cross-fire was prima facie negated by the testimony of Special Police Officer Sanjit Debbarma. For the reckless act of the security personnel the State must bear the liability. Accordingly, the Commission directed that a notice u/s 18 of the PHRA be issued to the Government of Tripura through its Chief Secretary requiring him to show-cause why monetary relief should not be given to the next of kin of the deceased Dhananjoy Debbarma. 4.132 In response to the show-cause notice, the Government of Tripura communicated vide its le�er dated 20 November 2009 that an amount of Rs.15,000/- was paid to the family of the deceased and it had also decided to provide a government job to the brother of the deceased. 4.133 While considering the ma�er on 11 January 2010, the Commission observed that the amount of Rs.15,000/- was grossly inadequate for the loss of a human life. The deceased Dhananjoy Debbarma had no criminal history. He became a victim of reckless firing by TSR personnel. The State Government must, therefore, pay adequate compensation to the bereaved family. The amount of compensation must be proportionate to the loss caused to the family by the reckless act of the TSR personnel. 4.134 Considering all the circumstances, the Commission recommended to the Government of Tripura to pay a sum of Rs. 5,00,000/- as monetary relief to the next of kin of the deceased. 4.135 The compliance report along with the proof of payment is awaited in the case. 24. Killing of Rajendar Bhahdur Singh and his Driver in Fake Encounter in District Sultanpur, U�ar Pradesh (Case No.6902/24/2003-2004-FC) 4.136 The Commission received a complaint from one Smt. Kewla alleging that her elder son Rajendar Bhahdur Singh and his driver Dinesh Kumar Singh who were prime eye witnesses in the murder case of her husband Pratap Bahadur Singh and younger son Arvinder Kumar Singh, were shot dead by the police on 19 April 2003 in District Sultanpur of U�ar Pradesh. The police claimed that the slain persons were involved in a bank dacoity and on receipt of information were intercepted at a railway crossing. The complainant on the other hand alleged that victims were eliminated at the instance of the accused persons involved in the murder case, from the point of view of destroying all the evidence relating to the murder. The explaination with regard to killing of Rajendar Bhaadur in an encounter by the police was therefore fictitious to justify their action. 36 NHRC