NATIONAL HUMAN RIGHTS COMMISSION 4.60 In response to the show cause notice, Superintendent of Police, Osmanabad vide communication dated 17.09.2017 informed that a sum of ` 3.00,000 (Rupees three lakhs only) had been paid to the victim girl under the Manodhairya Scheme of Maharashtra State Government. 4.61 In view of compliance of its recommendation, the Commission vide proceedings dated 05.10.2017 closed the matter. (d) Police Firing and Encounter 11) Death of one Lakhan Boro aged 28 Years in an Encounter with Army in Baksa, Mushalpur, Assam (Case No. 380/3/0/2012-AF) 4.62 The Commission received intimation from the Superintendent of Police, Baksa, Mushalpur, Assam regarding death of one Lakhan Boro, aged 28 years on 11.02.12 in an encounter with Army. A complaint was also received from Shri Tejang Chakma on the same incident which was registered as case No. 161/3/0/2013-AF and clubbed with the instant case. 4.63 The Commission perused the record, particularly the post-mortem report, magisterial enquiry report, inquest report and other relevant material, received in response to its direction. The Inquest Report indicated multiple bullet injury marks on the body of the deceased while the post mortem report indicated more than nine injuries. The cause of death was opined to be due to hemorrhage and shock caused by firearm injuries. 4.64 The magisterial enquiry of the incident was conducted by SDM Tamulpur. The Enquiry Magistrate recorded the statements of Army personnel involved in encounter, police personnel who were present at the spot at the time of encounter, wife of the deceased and also examined the relevant records. A case vide FIR No. 101/12 u/s 379/302 IPC at PS Goreswar was also registered on the complaint of wife of deceased. The Enquiry Magistrate had observed some contradictions in the statements of Army personnel and opined that firing was prompted by the fear of attack. No firing took place from the side of the deceased while he was trying to run away. 4.65 Upon consideration of the reports, the Commission in its proceedings dated 13.04.2017 took the view that the encounter was not genuine and observed that the State Govt. must, therefore, compensate the next of kin of the deceased person. The Commission, therefore, issued a notice to the Chief Secretary, Government of Assam u/s 18 of the Protection of Human Rights Act, 1993 to show cause as to why it should not make a recommendation for payment of compensation of ` Five lakhs for their next-of-kin of the deceased Lakhan Boro. Annual Report 2017-2018 55

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