CHAPTER 4 seeing the police, they started the motorcycle and sped towards Jamalpur. The pillion rider fired at the police party. The police team chased them and flashed a message to the control room at 12:20 a.m. When the police team zeroed in, the pillion rider again fired and the bullet hit the police jeep. When the criminals reached Bhatedi turning, they found that a police party was already present there. Finding themselves cornered on both sides, the criminals turned the motorcycle towards Manjoor Garhi Railway station. The pillion rider continued to fire at the police party. The police retaliated the fire in self defense, as a result of which the pillion rider fell from the motorcycle. He took position in a pit and started firing indiscriminately. One bullet hit Constable Rakesh Kumar. The police fired again in self defense. At about 12:40 a.m., the firing stopped. The police then saw in the light of the jeep that a criminal was lying injured. A pistol of 32 bore was lying near his right hand. He was subsequently identified as Rakesh alias Cheche. He was sent to the hospital but there he was declared dead. The injured Constable was also sent to hospital for treatment. 4.133 An enquiry into the incident was conducted by Sub Divisional Magistrate, Aligarh and he believed the police version. The post mortem, however, revealed blackening in three fire arm wounds on the chest of the deceased. Therefore, vide proceedings dated 22.09.2011, the Commission asked the State Government to have the incident investigated by CB-CID. 4.134 The report of CB-CID investigation was forwarded to Commission by Special Secretary Home (HR), Government of Uttar Pradesh vide communication dated 30.10.2013. The investigating agency concluded that the encounter was genuine and the police had fired in exercise of the right of self defense. 4.135 Upon consideration of the CB-CID report, the Commission found the following infirmities in it:(i) The record of the police control room containing the message said to have been flashed by the SOG team at 0:20 a.m. on 11.2.09 was not seized by the local I.O. who had initially investigated the case. CBCID noted this lapse on the part of the local I.O. but did not appreciate the adverse impact which the omission to seize the record would have on the police version. (ii) A photograph of the police vehicle allegedly hit by the bullet fired by the deceased was not taken. (iii) Rachna, daughter of complainant Kailashi Devi was not examined by CBCID. (iv) Latter part of the statement of Kailashi Devi wherein she reiterated the allegations made in the complaint, was completely ignored by CB-CID. National Human Right Commission Annual Report - 2014-2015 57