We have read through the evidence and prima facie the conclusions suggested
above, in our opinion, are borne out by the evidence.
II.
Case No.234 (21193-94
Deceased Sangaiah was a resident of village Variguntham in Medak District of
Andhra Pradesh and was an activist of CPI(ML). On 25th May, 1993, he went to his
own agricultural lands, took the meal brought there by his wife and he again went to
Variguntham, sent word to his wife and they met in the field. According to the
complainant, the deceased was taken away by the police from the place of work and
was shot dead. The version of the incident by the respondent was that while combing
the local forest area they found a group of extremists and an encounterfoltowed at about
5 AM and in the exchange of fire the deceased died.
12. The complainant examined four witnesses to support the version and the State
examined one witness. The cornpainant's witnesses stated that the deceased was shot
dead in the alleged encounter. Mr Sitapati cross-examined the complaint's witness
at length. The evidence of the witness, which has been stated to be natural, has been
asked to be brushed aside. RW-1 is the then Inspector of Police, Medak Circle. From
his cross-examination it appears that he was also the Investigating Officer of the case
registered on his report. It is the admitted position that while on complainant's side
there has been death, on the side of the police there was not even a single abrasion
caused by the alleged exchange of fire. The autopsy report indicates three gun shot
injuries and an abrasion on the person of the deceased. On a close scrutiny of the
evidence, prima facie it appears that the evidence of picking up the deceased from thd
rural agricultural field has not been shaken.'The complainant himself assumed the role
of Investigating-Officer with a view to hampering an adequate investigation.
Ill.
Case No.234 (3)193-94
Varikuppala Shankaraiah, was not involved in any naxallite activity nor had he
13.
been arrested or even mentioned in any police record. Three years before his death,
he shifted from his paternal to the maternal village lnolu in Achampet Mandal with a
view to helping his Uncle in the construction of a school building. After the work was
over, he stayed on as a mason in the village along with his wife. The deceased was
constructing the house of one Madavath Madhya by June, 1993. In the morning of
5.6.1993, the deceased and his wife, PW 1, left the village to reach the hamlet where
they had undertaken work. Around 6 PM, shintamma came back alone to lnolu and