to cover the same in two and a half hours by motor cycle. 16. In order to appreciate the material placed before the Commission and reach the conclusion as to whether there was a true encounter or a fake one, we shall have to assess the evidence. Broad features have to be looked into and on the analysis of the material before the Commission, it has to be found out whether the stand of the police is correct or not. Mr Sitapati has taken the stand that the allegation of encounter was true and there was no scope to hold that they were fake ones. We have already pointed out the several features relevant to the issue while dealing with the facts of each case. prima facie the version of the complainant appears to be nearer truth but we would not like to come to any definite conclusion as the cases have got to be investigated and truth has to be ascertained. -- 77. Reliance has been placed on Section 46 of the Code of Criminal Procedure and in support of the contention that the persons who ,have been killed were involved in criminal cases, warrants for arrest had been issued and the police had the right to use force, which could extend upto causing of death as the deceased were involved in offences punishable with death or with imprisonment for life. It is also the claim of the police that in each of the emounters, they had the right of pribate defence as the members of the naxallite groups (PWG) were the aggressors and unIess the police had defended themselves, they would have been killed by the members of the unlawful association. 4 18. As has already been mentioned, one of the deceased persons was not at all connected with any criminal case. The evidence on record does not show, in each of other four cases, an attempt by the police to arrest the deceased persons and their offer of resistence. Sub Section (3) of Section 46 of Cr.P.C. provides that the causing of death could be conditioned upon the involvement of the accused in an offence punishable with death or with imprisonment for life and offer of resistance when attempt is made to arrest him. 19. Article 21 of the Constitution of India provides that no person shall be deprived Article 6 of the of his life except according to the procedure established by law. International Convenant on Civil and Political Rights provides:' 1. "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."