told PW 1 that the deceased had gone to Achampet government hospital to get the treatment of his leg injury. On his return by bus, near the check post outside Achampet, four policemen in plain clothes forced him to get down from the bus. On 6.6.1993 Shantamrna and PW 1 made enquiries at Achampet and Amrabad Police Stations, but the police told them that they knew nothing about the arrest of the deceased. The leader of the police party, who participated in the alleged encounter resulting in the death, sent information to the Amrabad Police Station at 7 AM on 6.6.1993 about the occurrence in which the deceased had been killed. There is evidence to show that the wife and the relatives were not informed about the incident and they came to know about it through newspaper and when hey went to see the body, they saw several injuries apart from those caused by gun shots. The post-mortem report referred to three contusions, one of which was close to the eye'. The post-mortem doctor, stated that these injuries could have been caused by a blunt weapon. A Magisterial enquiry had been held where PWs 5, 6 and 10 before us had given evidence. The Magisterial Enquiry had not been completed for more than 2 years. ' The Inspector of Police, RW-1, who led the raiding party, himself became the Investigating Officer. He admitted in cross-examination that the deceased was not wanted in any criminal case by the police. The deceased was wearing a white pant and a pink coloured shirt and not the olive green uniform usually worn by the PWG activists. Pressure had been put on some of the witnesses examined by us in the left over Magi'steriA enquiry. The evidence of PW 1 clearly indicates that there w&e 17 policemen and 10 to 12 naxallites in the alleged encounter. The exchange of fire is said to have taken place for half an hour. The distance between the police and the naxallites was about 50 yards-and yet there was no injury to the policemen. IV. Case No.234 (5)/93-94 14. One Badavath Jaitya, son of PW-1 is the deceased, Badavath Jagni, wife of the deceased is PW-2. The deceased is claimed not to be a naxallite but he had been implicated in cases connected nrith naxallite activites because local landlords had given false information to the police. He had surrendered to the police and Government had given him 12 bicycles to run a cycle taxi shop but he sold the bicycles as he could not run it. His family land was sold and he was making arrangements with the money thus obtained to go to the G U Icountries. ~ From 1989 onwards, the deceased was busy in his efforts for going over to the Gulf countries. He was in Bombay for most of the time and had come to the vijlaje only 5 to 6 times in those four years. lie was away and did not appear in the pending cases; so non-bailable warrants were taken out. On a joint application of his and his wife, Government had sanctioned a house loan. The deceased had, therefore, come from Bombay to complete the transaction preceding

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