Annual Report 1999-2000 firing at the police party, which returned the fire. After 15 minutes of firing, the police party found four dead bodies at the site, including one of the dreaded criminal, Dhanjay Singh, the son of the complainant. The Commission found the police version unconvincing, and therefore ordered its own investigation wing to look into the matter. Accordingly, a team headed by a Deputy Superintendent of Police conducted an enquiry. Their report indicated that the alleged encounter was a fake one. The SP, Sant Ravi Das Nagar, also stated that a magisterial enquiry had been ordered into the matter by the District Magistrate, and the State Government had ordered the Crime Branch Central Investigation Department (CBCID) to conduct an enquiry. On the basis of the enquiry of the CBCID, a case was subsequently registered against 36 persons, including 34 police officials. The CBCID enquiry, on the basis of evidence, opined that the encounter on 17 October 1998 was a fake one, and that, in fact, four innocent persons had been taken out by the police from a nearby hotel and later brutally killed. Byway ofimmediate interim relief, the Commission ordered, the payment ofcompensation of Rs. 4 lakhs each to the next of kin/families of each of the victims, namely, Shri Om Prakash alias Munna Yadav, /^ay Kumar Singh, Krisan Harijan and Shamim Natte. The Commission ordered that in each instance, Rs. 50,000/- should be paid in cash and the remaining amount of Rs. 3,50,000/- should be put in a fixed deposit in a nationalised bank for five years in the name of next of kin of the victim, the interest on which should be paid at quarterly intervals to the next of kin. The Commission also recommended to the Government of UP that tlie CBCID enquiry should be completed expeditiously and a chargesheet filed in the competent court of law for the prosecution of the accused persons. The Commission has received a report from the Government of Uttar Pradesh stating that of Rs. 4 lakhs recommended by the Commission, Rs. 2 lakhs has been paid to each of the families of the four victims. The Commission has since been informed by the Government of UP that the State CID has finalised its enquiry and has sought the State Government's approval for the prosecution of 34 police officials involved in the case. In addition, departmental action is also being taken against 42 police personnel found guilty of various acts of commission and omission in the matter. COMMENT The law in India recognizes the right of a citizen to private defence, and in the course of such private defence, even the causing of death can be justifiable in some circumstances. The same right of self-defence is available to a policeman. In addition, if the use of force in the course of an attempt to arrest a person accused of an offence punishable with death or imprisonment for life, results in causing of death, it can also be justifiable under law. 110