NATIONAL HUMAN RIGHTS COMMISSION, INDIA e) Encounter and Firing by Para-Military Forces 16. Death of three alleged naxalites in a joint operation by CRPF and local police on 12/13.9.2014 in Daldiliya Forest within the area of P.S. Lokayanpur in Girdih district in Jharkhand (Case No. 1471/34/8/2014-ED) 54 i. The Commission received intimation from the Superintendent of Police, Giridih about the death of three alleged naxalites namely Dinesh Pandit, Sahdev Murmu and Jeevan Lal Rai in a joint operation by CRPF and local police in Daldiliya Forest within the area of P.S. Lokayanpur. According to the intimation, on information about the presence of naxalites in the jurisdiction of P.S. Lokayanpur near Jharkhand and Bihar Border, a joint operation team of local police and CRPF reached Daldiliya Forest. On seeing the operation team, alleged naxalites fired upon the team. The security forces also retaliated in self defence, killing three naxalities. A crime case No.6/14 P.S Lokayanpur was registered after the incident. The Commission also received two more complaints from Shri R.H.Bansal and Shri T.Duryodhana Reddy in connection with the incident. ii. Pursuant to the directions of the Commission, Investigation Division of the Commission obtained various reports from the concerned authorities and examined them. The Investigation Division also obtained the opinion of the medical expert on the panel of the NHRC regarding the blackening found on the bullet injuries on the deceased persons. According to the Medical Expert, the blackening suggested that the deceased persons were shot at from a close range. However, neither the FIR nor any report of the police authorities mentioned that there was a close battle between the security forces and the alleged naxalites. Even the site plan of the alleged encounter indicated that the security forces were fired upon by the naxalites from a distant of 150 mtrs. iii. No explanation was furnished by the police about the blackening of the bullet injuries found on the bodies of the deceased persons. Thus, an inference can be drawn that the deceased persons were fired upon from a close range. This contradicted the police version of the encounter. iv. Further, the police also failed to provide FSL report of the weapons seized by the place of the incident to indicate that these weapons were used by the alleged naxalites during the encounter and also the report of the hand wash or finger prints to suggest that these weapons were handled by the alleged naxalites. All the bullet injuries found on the bodies of the three deceased persons were inflicted on the upper parts of the body, except one bullet injury on the left side of buttock of a deceased. It suggested that the intention of the police was to kill the deceased persons by firing on the vital parts of the body than to incapacitate them. ANNUAL REPORT 2018-19

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