CHAYA BIJU KOLLA Vs. SUPERINTENDENT OF POLICE, GADCHIROLI

JUDGEMENT

(1.) By this petition filed under Art. 226 read with Art. 21 of the Constitution of India, the petitioner - wife of the deceased and his brother claim a direction to Respondent No. 3 - Central Bureau of Investigation (CBI) to carry out investigation into the death of Biju Maharu Kolla and to submit a report to this Court. A direction to register First Information Report (FIR) against the concerned Police officers who killed Biju, for offence under Section 302 of Indian Penal Code (IPC), is also sought. A mandatory compensation of Rs. One crore is also prayed for.

(2.) Petitioner No. 1 is wife of the deceased - Biju while petitioner No. 2 is his real brother. They state that Biju had purchased a Tractor on bank loan and used to let it out for agricultural work. At relevant time, his tractor was at work at village Kerkatta, at a distance of 25 kms from village - Vikaspalli where he and his family resided and had about 3 Acres of agricultural land. To supervise the work there, Biju on 14.06.2014 left his house early in the morning. He left his village wearing a black striped white shirt and black pant. He had to pass through Mandoli forest. The petitioners claim that on way, Biju was stopped, his bike key was confiscated and he was murdered by Police by shooting him in head, neck and chest. It was later on shown as an encounter with naxals and Police Officers claimed that they destroyed Training camp which was held in the forest.

(3.) Petitioner No. 2 had come back on vacation and he had to go to Gadchiroli to collect Medical certificate. He, therefore, left his village at 11.00 AM on 14.06.2014 along with his friend Devrao Dobala Wadde. As there was heavy rains, he decided to go to Kerkatta village where his tractor was working. At Kerkatte, driver of the tractor informed him that Biju had not come. He then stayed with his friend at Kerkatta near Tractor in the field. On 15.06.2014, they started back for village - Vikaspali and came across the motorcycle of Biju, on the path of Mandoli forest. He searched for Biju in adjacent area but in vain. After reaching home, he enquired about Biju and learnt that Biju had not returned. Hence, along with others, they searched in nearby villages. On 16.06.2014, petitioner Nos. 1, 2 and 6 to 7 other villagers went to Police Station Kasansur to register missing person complaint. Shri Wagh, in-charge at concerned police station refused to register it and advised to search for him for two days more. Then petitioner Nos. 1 and 2 went to Potegaon in search of Biju.