Annual Report 2012-2013 two deceased. Accordingly, the Commission recommended to the State Government to pay a sum of ` 5,00,000 each to the next of kin of the deceased and the amount of ` 1,00,000 already paid be adjusted while making the payment. 4.160 21. The compliance report along with proof of payment is awaited. Death of Francis Tirkey in Encounter during a Joint Operation of Police and Army in Karbi Anglong, Assam (Case No. 272/3/8/2010-ED) 4.161 The Commission received an intimation dated 6 January 2010 from the Superintendent of Police, Karbi Anglong, District Diphu, Assam stating that an extremist by the name of Francis Tirkey died on 25 November 2009 at Bokajan Karbi Anglong during firing by the police in self-defence. It was reported that on the basis of information about the presence of extremists in the area of Kuwaram Basti, a joint operation was carried out by Bokajan Police and the army on 25 November 2009. At about 10.30 p.m., the joint team came across an extremist group and on being challenged, the extremists opened fire. The team fired in retaliation for their self-defence. During the encounter, an extremist named Francis Tirkey died on the spot. Arms and ammunition were recovered from the spot. In connection with the incident a case No. 117/09 u/s 120B/121/121A/122/307 IPC r/w 25 (1B) (a)/27 Arms Act was registered. 4.162 During the magisterial enquiry, the Magistrate accepted the Police account of the incident. However, the Commission noted that the enquiry officer made no attempt to contact the three men who were arrested, though they would have been able to confirm if indeed such an encounter took place and Francis Tirkey was with them. Neither did the Magistrate examine any member of the family on the specious ground that they had left the village. This enquiry was, therefore, perfunctory and the Commission was unable to place much credence on it. 4.163 The Commission observed that the Armourer's Report on the pistol and ammunition allegedly recovered from Francis Tirkey only established that the weapon was in working order but it did not confirm if it had been fired or if the spent cartridges recovered had been fired from it. 4.164 Neither did the Police conduct tests that are standard in a thorough criminal investigation. No fingerprints were taken, nor were tests conducted on swabs for gunshot residue. There was therefore no evidence to confirm that, even if the pistol was serviceable, Francis Tirkey had handled or fired it. Therefore, the claim of the Police that they were forced to return fire in self-defense was not established. 4.165 The nature of the injuries found in the postmortem made it clear that the account given by the Police was false. The autopsy found three entry wounds, all on the back. One hit the left thigh, the other on the back and the third on the head. These could not have been 52 NHRC