Annual Report 2010-2011
with the guidelines issued by the NHRC on encounter and accordingly submit a report. In
the post-mortem report sent subsequently, it was mentioned that there were blackish wounds
on two of the bodies which probably indicated that the firing was from a close range. The
Commission consequently opined that the matter needs to be investigated by the State CID.
The State Government, however, did not get the matter investigated by the CB-CID. It was then
directed by the Commission to seek the opinion of an expert with regard to the word `blackish’
used in the post-mortem report. The expert, a doctor on the panel of the Commission, stated
that in this case, the injuries could have been caused by the firearm from a range of blackening
and tattooing. However, the exact range which caused blackish wounds could be commented
only by the ballistic expert after examining the type of firearm used. The police in the given
case had not sent the firearms for a ballistic examination.
4.178 Keeping all the facts in view, the Commission directed to issue a notice to the Government
of Maharashtra to show-cause as to why monetary relief should not be recommended to the
next of kin of the five deceased persons, namely, Chandranna, Devendra, Vikram Sunga Made,
Ramesh and Smakka. As there was no response to the show-cause notice issued by the
Commission, vide its proceedings dated 5 January 2011 the Government of Maharashtra was
recommended to pay Rs. 5,00,000 each to the next of kin of the five deceased persons.
4.179 The compliance report along with proof of payment is awaited from the Government of
Maharashtra.
36.
Death of Five Dacoits in Dohikata Kadaldhowa Reserve Forests in District Goalpara, Assam
(Case No.75/3/6/2010-ED-FC)
4.180 The Commission received intimation from the Additional Director General of Police, Incharge Human Rights Cell of Assam Police Headquarters in Guwahati regarding the encounter
death of five dacoits. It was reported that on 28 June 2009 the police party accompanied by the
Army and Central Reserve Police Force laid an ambush in Dohikata Kadaldhowa Reserve Forest
to nab some dacoits who had taken shelter in the jungle area for committing dacoity. At about
10.00 p.m., five to six dacoits were seen coming through the jungle. As they saw the ambush
party, they opened fire. During the ensuing melee, five dacoits, namely, Allauddin S. K., Sahjamal
Haque, Promtone Sangma, Jahangir and Salim Khan died on the spot due to bullet injuries.
During the search, three pistols, one revolver, nineteen live ammunition, seven blank cartridges,
one 0.12 bore SBBL gun, one grenade and one Indica car were recovered and seized. Case No.
65/09 u/s 399/307/34 IPC read with section 25 (1-A)/27 of the Arms Act and section 4/5 Explosive
Substances Act was registered at Police Station Mornoi in District Goalpara of Assam.
4.181 The post-mortem report in respect of all the five deceased persons revealed that – (i)
there were two entry wounds and two exit wounds on three bodies; (ii) one entry wound and
one exit wound each were found on two bodies. However, there was no blackening/tattooing
or charring around the wounds.
4.182 The cause of death as per the post-mortem reports of all the five cases was stated as
`shock and haemorrhage as a result of bullet injuries sustained by the deceased which were
ante-mortem and homicidal in nature’.
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NHRC