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ons of ta ooing, charring, or blackening around the
entry wounds. The cause of death was a ributed to
mul ple gunshot wounds, hypovolemic shock caused by
external bleeding, and neurogenic shock due to brain
injuries. The ballis c report validated that the confiscated
Insas rifle and one of the loaded guns were opera onal
and had been discharged before submission for examinaon. However, two of the loaded guns were nonopera onal, having been fired before their laboratory
submission. Firing residue was detected on the hand swab
samples of one of the deceased individuals.
An enquiry, led by the Sub Divisional Magistrate of Konta,
encompassed statements from family members of the
deceased, independent witnesses, and police personnel
involved in the encounter. A er thorough evalua on of
these statements and other evidence, the Enquiry
Magistrate did not discern any evidence of misconduct in
the encounter.
Within the context of the magisterial inquiry report, a
resident of Ko aguda, aged 48 and his son provided
tes mony before the Magistrate. He revealed that he
sustained a bullet injury in his back during the crossfire
between the police and the Naxalites while gathering
firewood in the forest. Subsequently, the police party
transported him to Sukma for medical treatment. In the
Commission's assess-ment, he was not involved in any
criminal ac vi es and was inadvertently caught in the
crossfire between the police and the Naxalites. Given
these circumstances, it was deemed fi ng that he be
granted monetary compensa on from the State Government. Notably, the police report omi ed men on of
whether any compensa on had been extended to him.
Consequently, under Sec on 18 of the PHRA a no ce was
dispatched to the Government of Chha sgarh through its
Chief Secretary, requiring their response within eight
weeks regarding the recommenda on for an amount of
Rs. 1,00,000/- (Rupees One Lakh only) to be disbursed to
him. Regre ably, no response was forthcoming from the
Government. The Commission inferred that the State
Government had no o b j e c o n s to g ra n n g m o n eta r
y compensa on to him, who sustained injury during the
crossfire between the police and the Naxalites. Accordingly, the show cause no ce was affirmed, and the
Commission advised the Government of Chha sgarh,
through its Chief Secretary, to disburse the compensa on
Chapter 7 - Thematic Areas
amount to him. Addi onally, the Government was
directed to furnish a compliance report accompanied by
evidence of payment. Consequently, in view of these
direc ves, the Commission closed the case on 14
December 2022.
15.) Four civilians grievously injured during Police Firing
in Durg, Chha sgarh
(Case No: 172/33/5/2018)
Commission received in ma on on 17 March 2018,
alleging that four individuals had been injured due to
firing by a police officer from his licensed revolver in Durg,
Chha sgarh. In response to the Commission's direc ons,
the required reports on the ma er were received from
the authori es concerned. A communica on dated 09
January 2019 from the Superintendent of Police, Dis .
Balod, Chha sgarh, forwarding the report of SHO, PS
Daundilohara, Balod, revealed that on the date of the
incident, i.e., 12 March 2018, at night, the CAF, with the
mo ve to kill, had injured four individuals. Subsequently,
he died by suicide. A case was registered U/ s 460/ 307 IPC
read with 25(27) Arms Act. However, as the accused had
died, the case was closed. An applica on had been made
under the Sambhalpur Compensa on Scheme 2011 to
pay the compensa on amount to the injured, and the
same was sub-judice before the Court.
The Commission considered the report and found the
public servant guilty of commi ng the crime U/ s 307 IPC.
He had commi ed this crime using his service revolver.
The vic ms had suffered immensely. Although the report
did not provide details of the vic ms' injuries, an
inference could be drawn that the injuries had been
deliberately concealed. In any case, the vic ms had
endured mental and physical pain and agony, and they
must have incurred s ignificant medical expenses. This
was not only a case of derelic on of duty but also a case of
a criminal act by a public servant. As such, the State was
vicariously liable. A show cause no ce was issued to the
Chief Secretary, Government of Chha sgarh, asking why
compensa on of Rs. 3,00,000/- (Rupees Three Lakh only)
each should not be paid to the injured individuals, u/s 18
of the PHRA.
Pursuant to the Commission's direc ons, the Under
Secretary, Government of Chha sgarh, Home (Police)
Department, communicated on 26 June 2019 that in
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