Annual Report 2012-2013
fired in a single burst because they were too widely dispersed. Bullets fired from three
weapons simultaneously hit Francis Tirkey. That would have been extremely unlikely in a
genuine encounter. The scenario that emerged was of a man who had three shots
simultaneously fired into his body from the back. This is the pattern of an execution, not of
an encounter.
4.166 For these reasons, the Commission held that there was a grievous violation of human
rights. Accordingly, vide its proceeding dated 1 February 2012, the Commission called upon
the Government of Assam to show cause as to why it should not recommend relief for the
next of kin of late Francis Tirkey.
4.167 The stand taken by the Government of Assam in response to the show cause notice
was considered by the Commission vide its proceeding dated 17 May 2012. The Commission
did not find any merit in the stand since the Executive Magistrate had failed to examine the
three arrested persons and the Police had not produced the witnesses before the Magistrate.
Further, the family members of the deceased were not examined by the Magistrate.
Moreover, no purpose was served by examination of weapons by the FSL after a lapse of
more than two years. It is a known fact that if the weapon is examined after a delayed
period no reliance could be placed on the opinion. Further, there is nothing to state positively
about the finger prints and swab to find out the gun shot residue. Therefore, the Commission
found it difficult to accept any of the contentions raised by the State.
4.168 Under the facts and circumstances of the case and on careful examination of the
matter, the Commission vide its proceeding dated 17 May 2012, recommended to the
Government of Assam to pay a sum of ` 5,00,000 to the next of kin of the deceased Francis
Tirkey alias Akash.
4.169 As the compliance report along with the proof of payment was received, the case
was closed by the Commission on 25 October 2012.
22.
Death of Angad Sonkar during Police Encounter in Azamgarh, Uttar Pradesh
(Case No. 9057/24/6/08-09-ED)
4.170
The Commission received an intimation dated 30 May 2008 from the
Superintendent of Police, Azamgarh, Uttar Pradesh, stating that one Angad Sonkar, s/o
Nimbu Sonkar and r/o Mughal Sarai died on 30 May 2008 during an encounter with the
Police in the area of Police Station Kotwali, Azamgarh, Uttar Pradesh. It was reported that
the deceased, a notorious criminal was involved in 20 criminal cases. On 30 May 2008, the
Police waylaid two criminals on a motor cycle who fired upon the Police personnel. During
the ensuing encounter, one person died while the other managed to escape. The deceased
was identified as Angad Sonkar.
4.171 Upon consideration of the 6 fire arm injuries reflected in the postmortem report,
the Commission called for Ballistic Expert report of the weapon allegedly seized from the
possession of the deceased along with expert opinion on the hand wash collected from the
NHRC
53