The dead bodies were thrown away but when there was a protest by the people, six
bodies were transported in a police van and cremated by the police:
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On notice being.issued, SP Palamau submitted his report. The report stated
that the persons killed belonged t0.a proscribed organisation, Jan Mukti Morcha, which
had been committing atrocities including murder, looting etc. It further stated that the
villagers had not invited these people for the settlement of any dispute. Contraband
rifles were recovered from the six 'deceased extremists'. #Therewas exchange of fire
between the police and the naxalites for about two hours. The police party was attacked
by the naxalites with bombs and, therefore, the police had to return the fire, resulting
in the killings. AH the other allegations in the complaint were denied. It further stated
that the complainant was liable to be prosecuted under section 1821211 IPC for making
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false allegations against the police.
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The Commission in its orders noted that it had occasion to examine the correct
procedure to be followed by the police in cases where deaths occur in an encounter
between the police and others, in a batch of cases from Andhra Pradesh. That order
of the Commission had been accepted and given effect to by the Government of Andhra
Pradesh. The procedure followed in this case was found to be clearly inconsistent with
the correct procedure explained by the Commission in the said order.
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As -indicated in the' order of the Commission in the Andhra Pradesh case, the
police officer in charge of the police station on'receipt of information about the.death
of six persons in this case, ought to have registered cases of unnatural deaths of six
persons'as a rgsult of the. firing by the police party and taken .immediate steps to
investigate the facts and circumstances to find out as to whether the killings were
justified either in the exercise of the right of private defence or in the exercise of the
power of arrest under,the circumstances specified in Section 46 of the Cr P C. As
the police attached to the same police station were involved in the firing resulting in
the killing, the Commission recommended that the case should be made over to an
independent investigation-agency namely the State CID and to complete the investiga~
tion within'four months. If the investigation called for launching of prosecution, steps
for speedy trial be taken. The Commission expressed the hope'that compensation
would be awarded by the State if the case ended in conviction.
(iil) - Kllllng of I 1 persons by Gaya police in Aprll, 1994 in Bihar
Suo-motu cognizance was taken by the Commission on perusal of an article