of Police of Mangapet Police Station (RW I ) , who led the raiding party which participated
in the alleged encounter accepted in-cross-examination that many of the Naxallites he
confronted were wearing olive green uniform but the deceased was not in such uniform.
The inquest report shows that the deceased was wearing a lungi and a shirt. P\V 4,
sister of the deceased, stated to the Commission that police had made serious attenpts
to keep the witnesses away from the Commission and to given effect to their designs,
the widow of the deceased and PW 4 herself-had been forcibly taken by the p o l i to
~
the village of the deceased about 140 kms from their own place. The police witne~ses
accepted the position that there were 24 policemen and 12 naxallites involved in the
alleged encounter. The firing went on for half an hour in broad day light, and the distrnce:
between the two. parties was only 50 yards. Yet no policeman sustained any i ~ j u r y
while all the alleged naxallites were killed. The deceased, as would appear from the
post-mortem report (Exhibit R 7) had three fractured bones; obviously these could not
have. been caused: by- gun fir2 and could fit into the position that the deceased had
sustained injuries.on account of torture and was later killed. It has been contended
that this position is also suggestive of the fact that the deceased had been take1 to
the police station, assaulted there and later was shot dead. The bullet injuries are on
the upper part of the body the chest, shoulder, etc - which is indicative of the fact
that the intention was to kill.
-
Counsel for the complainant contended that the oral and documentary evidence
on record lead to the following conclusions:
tr;
-,
I.
The deceased was not a naxallite but a peasant and a lorry loading wo;ker
by occupation.
A.
-
II.
There was only one criminal case of arson against him pending on the cate
of occurrence.
Ill.
He had been taker into police custody from his house in the presence of
' .'
many witnesses and had been killed in the alleged encounter.
RI.
The Magisterial enquiry was delayed for a long period and was compl~ted
only when the Commission decided to include this case within the ambit of
enquiry.
V.
Serious attempt was made by the police to keep the witnesses away from
the Commission.