Annual Report 2010-2011 33. Encounter Death of Tarun Shah and Mohammad Khalid in District Hazaribagh, Jharkhand (Case No. 1466/34/11/07-08) 4.160 The Commission received an intimation dated 19 January 2008 from the Superintendent of Police, District Hazaribagh in Jharkhand, inter alia, conveying that on the night of 17 January 2008, Station House Officer of Police Station Barachati received information about movement of criminals and thus proceeded in given direction in a Qualis vehicle after making necessary entries in the applicable record. The police personnel erected a barricade for apprehending the criminals. When the vehicle in which the criminals were travelling hit the barricade tried to escape, the police chased their vehicle. The criminals retaliated by firing at the police personnel and the police fired back in self-defence. According to the police, two criminals managed to escape in the jungle. One criminal was killed on the spot and the other sustained serious injuries. He was taken to the sub-divisional hospital, where he too expired. Further, as per the police version, several arms and ammunition were recovered from the spot. 4.161 Pursuant to the directions given by the Commission, it received the post-mortem reports of both the deceased as well as the magisterial enquiry report. The Magistrate in his report held that the action of the police was justified. However, the officer, who conducted the enquiry, utterly failed in appreciating the medical evidence and the manner in which the incident was alleged to have taken place. 4.162 Taking into consideration the background of the encounter as narrated by the police as well as the conclusion arrived at by the Magistrate, the Commission on 4 November 2010 observed that there is independent evidence in the form of autopsy report, which is scientific. Both the post-mortem reports indicate that the firing took place from a very close range. The finding of blackening of the wounds of entry in both the post-mortem reports clearly point out that the story suggested by the police was not correct. It appears that they were very close to the police when the firing took place. Ordinarily the blackening appears if firing has taken place form 3” to 6” distance. It also needs to be noted that on account of alleged firing by the criminals, no police personnel sustained any injury. Besides, weapons and cartridges were not forwarded to the ballistic expert to know whether the weapons were in working condition and the cartridges fired were from the same weapon. These aspects would have clinched the issue if proper investigations had been carried out and the opinion of the expert was sought. No swab was taken from the fingers of the persons alleged to have fired at the police so as to know the presence of carbon and lend assurance to the fact that the deceased fired the weapon. The absence of scientific and expert’s evidence suggest that the investigation was not independent. 4.163 Given the facts of the case, the Commission did not accept that the firing had taken place from some distance. In view of the medical evidence on record, it was clear that the firing took place from a close range. Accordingly, the Commission directed that a notice be issued to the Government of Jharkhand through its Chief Secretary to show-cause within a period of six weeks as to why Commission should not recommend monetary relief to the next of kin of the deceased, namely, Tarun Shah, son of Priyonath Shah, Police Station Benipur, District Howrah NHRC 49