told PW 1 that the deceased had gone to Achampet government hospital to get the
treatment of his leg injury. On his return by bus, near the check post outside Achampet,
four policemen in plain clothes forced him to get down from the bus. On 6.6.1993
Shantamrna and PW 1 made enquiries at Achampet and Amrabad Police Stations, but
the police told them that they knew nothing about the arrest of the deceased. The leader
of the police party, who participated in the alleged encounter resulting in the death, sent
information to the Amrabad Police Station at 7 AM on 6.6.1993 about the occurrence
in which the deceased had been killed. There is evidence to show that the wife and
the relatives were not informed about the incident and they came to know about it
through newspaper and when hey went to see the body, they saw several injuries apart
from those caused by gun shots. The post-mortem report referred to three contusions,
one of which was close to the eye'. The post-mortem doctor, stated that these injuries
could have been caused by a blunt weapon. A Magisterial enquiry had been held where
PWs 5, 6 and 10 before us had given evidence. The Magisterial Enquiry had not been
completed for more than 2 years. ' The Inspector of Police, RW-1, who led the raiding
party, himself became the Investigating Officer. He admitted in cross-examination that
the deceased was not wanted in any criminal case by the police. The deceased was
wearing a white pant and a pink coloured shirt and not the olive green uniform usually
worn by the PWG activists. Pressure had been put on some of the witnesses examined
by us in the left over Magi'steriA enquiry. The evidence of PW 1 clearly indicates that
there w&e 17 policemen and 10 to 12 naxallites in the alleged encounter. The exchange
of fire is said to have taken place for half an hour. The distance between the police
and the naxallites was about 50 yards-and yet there was no injury to the policemen.
IV.
Case No.234 (5)/93-94
14.
One Badavath Jaitya, son of PW-1 is the deceased, Badavath Jagni, wife of the
deceased is PW-2. The deceased is claimed not to be a naxallite but he had been
implicated in cases connected nrith naxallite activites because local landlords had given
false information to the police. He had surrendered to the police and Government had
given him 12 bicycles to run a cycle taxi shop but he sold the bicycles as he could
not run it. His family land was sold and he was making arrangements with the money
thus obtained to go to the G U Icountries.
~
From 1989 onwards, the deceased was busy
in his efforts for going over to the Gulf countries. He was in Bombay for most of the
time and had come to the vijlaje only 5 to 6 times in those four years. lie was away
and did not appear in the pending cases; so non-bailable warrants were taken out. On
a joint application of his and his wife, Government had sanctioned a house loan. The
deceased had, therefore, come from Bombay to complete the transaction preceding