Annual Report 2008-2009 4.80 The report, as called for, is awaited by the Commission. 16. Killing of Yogesh in Fake Encounter at Indore, Madhya Pradesh (Case No.1247/12/2002-2003) 4.81 One Yogesh Chaudhary was shot dead by a police man on 15 October 2002 within the jurisdiction of Police Station Annapurna in Indore District of Madhya Pradesh. The police took the plea of self-defence. According to the police, Yogesh Chaudhary and one other person had committed robbery and when they were asked to surrender, they attacked the police party. The police resorted to firing in self-defence. 4.82 On examination of the post-mortem report, the Commission found that blackening, charring and tattooing had been observed around the fire arm entry wound on the body of the deceased. It was also found that the victim had fallen after being hit by one bullet and yet two more bullets were fired at him. The Commission found that the police version of the incident was doubtful. It also observed that the guidelines issued by it for investigation of cases of death resulting from police encounter had not been scrupulously complied with. As such, the Commission recommended monetary relief of Rs. 3, 00,000 for the next of kin of the deceased. 4.83 The compliance report and proof of payment has been received. The case was thus closed by the Commission on 29 December 2008. e) Illegal Detention, Torture or Firing by Military or Para-military Forces 17. Custodial Death of Javed Ahmed Magrey by Army Personnel in Jammu & Kashmir (Case No. 22/9/2003-2004-AD) 4.84 The Commission took suo motu cognizance of a news report published in ‘The Kashmir Times’ on 8 June 2003 regarding the custodial death of one Javed Ahmed Magrey and called for a report from the concerned authority. 4.85 Pursuant to the directions of the Commission, the Director General of Police of Jammu & Kashmir vide letter dated 7 February 2006 informed that the army personnel of 119 Bn. Assam Regiment had been held responsible for the death of Javed Ahmed Magrey in an inquiry held by District Collector, Budgam. Subsequently, the Director General of Police of Jammu & Kashmir conveyed vide letter dated 20 May 2008 that the Ministry of Defence had been requested to accord sanction for prosecution of the concerned Army personnel. 4.86 Upon consideration of the reports, the Commission vide its proceedings dated 23 June 2008 issued notice to the Ministry of Defence to show-cause as to why monetary relief should not be given to the next of kin of the deceased. However, no response was received from the Ministry of Defence. 4.87 The inquiry held by the District Collector, Budgam established the involvement of army personnel in the killing of Javed Ahmed Magrey and the Ministry of Defence also failed to show any cause against the grant of monetary relief. The Commission observed that the security 41