NATIONAL HUMAN RIGHTS COMMISSION law but as predators armed with State authority to kill anyone whom they wanted. The conduct of the concerned police officials is certainly condemnable as the same took away the life of an innocent person under the pretext of police action. Their action was grossly negligent and the same amounted to a serious violation of human rights of the deceased, for which the State was vicariously liable. The Commission directed Government of Rajasthan to show cause under Section 18(a)(i) of PHR Act, 1993 as to why a monetary compensation of Rs. 5 Lakh should not be recommended to be paid to the next-of-kin of the deceased. 4.43 The matter is under consideration of the Commission. 8. False Implication of Gautam Kumar in a Case of Arms Act by Officer-in-Charge of P.S. Sambhuganj, Bhagalpur, Bihar (Case No. 4499/4/3/2014) 4.44 This case was referred to the Commission by Shri Anil Kumar Thakur, Judicial Magistrate First Class, Banka, Bhagalpur, Bihar. The Magistrate observed that Gautam Kumar Singh had been falsely implicated in a case of Arms Act on the basis of a defunct firearm, perhaps from the junkyard of the P.S. Malkhana. The Magistrate further observed thus:“The accused had to languish in jail for about 7 months i.e. from 25.10.2007 to 17.5.2008 due to this false implication, which was in violation of his constitutional right and human right.” 4.45 The facts of the case are that Sanjay Kumar Pandey, the then Officer-in-Charge of P.S. Sambhuganj registered crime No.145/2007 u/s 25 & 26 Arms Act stating that on 24.10.2007 at about 05.00 p.m., he had gone with his staff to village Karsop in connection with the investigation of crime No.144/2007, when he entered the house of Rajendra Singh along with two independent witnesses Jai Kishore Thakur and Sunil Kumar Singh, a boy ran out of the house. The police chased him and apprehended him. A country made Musket was recovered from the boy who was identified by the two independent witnesses as Gautam Kumar Singh. 4.46 After completion of investigation in case crime No.145/2007 P.S. Sambhuganj, the police submitted a charge-sheet in the court. The case was tried by Shri Anil Kumar Thakur, Judicial Magistrate First Class. The accused was acquitted on 19.07.2014 observing that it was a case of false implication. 4.47 The State preferred an appeal against the judgment of the Magistrate which was admitted by Sessions Judge, Banka on 27.01.2015. The operation of the judgment of the Trial Court was, however, not stayed by the Appellate Court. ANNUAL REPORT 2016-2017 49