Annual Report 2010-2011 4.183 The Magistrate, who conducted the enquiry, did not associate any of the family members of the five deceased persons as they lived far away. He, however, asked the Superintendent of Police of Goalpara to provide the criminal details of the five deceased but no report in this respect was received by him. There was no mention as to whether arms recovered from the spot were sent for ballistic examination. The police claimed that the encounter took place in pitch darkness. It was therefore astonishing to know as to how the police party was able to inflict lethal injuries on five men without suffering any kind of injuries themselves in an encounter that continued in a jungle for half an hour in complete darkness. The level of accuracy in firing at the target was also surprising. Most importantly, each of the shots fired were from the back as the men killed had their backs turned to those who shot them. The Commission opined that this was an execution, not an encounter, and a serious violation of human rights. The Commission asked the Government of Assam to show-cause as to why relief to the next of kin of all the five deceased persons should not be recommended. 4.184 In response to the show-cause notice issued by the Commission, the Assam police maintained that the dead men had a criminal background. The Commission held that if the deceased persons had a criminal history, why it was not intimated to the inquiry Magistrate. The Commission also held that the inquiry Magistrate did not associate any of the family members of the deceased persons on the ground that they lived far away then how the dead bodies were handed over to the family members the very next day. The Commission moreover expressed its concern that it was not informed by the State agencies as to how the family members came to know of the incident. No ballistic examination of the fire arms was conducted and no swab or finger prints were taken after the incident. How the deceased persons were shot in the back in pitch darkness was also not answered by the concerned State agencies. The Commission noted with concern that none of the substantive points made by it had been addressed by the Government of Assam. Accordingly, it recommended that a sum of Rs. 5,00,000 each be given as monetary relief to the next of kin of the five deceased persons by the Government of Assam. 4.185 The compliance report along with proof of payment is awaited in the case. 37. Death of Kuldeep Singh in Alleged Fake Encounter by Uttar Pradesh Police (Case No. 16593/24/18/2010-AFE) 4.186 The Commission took cognizance of a press report captioned “U.P. Police Accused of Fake Killing”, which appeared in The Asian Age Delhi on 3 May 2010. The press report inter alia stated that one Jawan of Rajputana Rifles, named Kuldeep Singh, aged 32 years, was killed by Uttar Pradesh Police in a fake encounter in Bulandshaher District on 1 May 2010. He was reportedly on a two months, leave. He had left his house at Bharari village of Kherka area in Aligarh District of Uttar Pradesh on the morning of 30 April 2010 to make some purchases but he did not return and was later reportedly killed in an encounter with the police. 4.187 The Commission afterwards received a message from the Senior Superintendent of Police, Bulandshaher, about the death of Kuldeep Singh in an encounter with the police. The Commission also received a number of complaints alleging fake encounter. NHRC 53