T DHANARAJ Vs. SUPERINTENDENT OF POLICE MEDAK

JUDGEMENT

(1.) This petition came up for admission and hearing at the instance of one T. Dhanaraj who has alleged that his uncle' Gorantla Rameswar' has been killed by the police in Medak District of the State in a fake encounter and there is an attempt to dispose of the dead body after a show of autopsy, which, in no manner, can be said to be a post-mortem examination of the dead body of Gorantla Rameswar for the formation of the opinion with respect to the cause of death. Petitioner has prayed accordingly, for a fresh post-mortem examination being held before the dead body is disposed of and suitable directions be issued for investigation/enquiry and cognizance of the offence of homicide amounting to murder against persons who are responsible for killing Gorantla Rameswar. Except, however, a general allegation that Gorantla Rameswar has been killed in a fake encounter and, of course, a specific averment that there was undue haste shown for disposal of his dead body by the District Police, there is not a specific information brought on the record of the proceeding on behalf of the petitioner in respect of the occurrence, including manner of occurrence, for any assessment of the course of events as well as for identification of persons or person who might be responsible for the death of Gorantla Rameswar. Since, however, the issue, whether there was a proper post-mortem examination of the dead body became a contentious issue before us, we directed for the production of the case record as well as the port-mortem examination report and to put the matter beyond any controversy, we directed for holding a fresh post-mortem examination by vide order dated 19-2-1997. In the said order, we have taken notice of various facts and recorded as follows:

(2.) From the First Information Report, which is from a First Information Report by Md. Niyamathullah Khan, Circle Inspector of Police, Narsapur, it appears that an occurrence, as described by him in the information received at the Police Station on 16-2-1997 at 0.9.00 hrs., took place on Sunday 15/16-2-1997 in Nallavelly forest area in which, police allegedly encountered P.W.G. extremists. The Circle Inspector has described the occurrence as follows : On 15/16-2-1997 night on credible information, he along with S.I of Police, Narsapur and Civil Police Constables 1564, 799 and 'B' Special Party of S.I.C. Sangareddy consisting of H.C. 405-M.A. Saleem and Police Constables-916, 1694, 1766, 725, 1774, 1753, 1779, 1746 and 1760 went for combing operation in Narsapur forest area towards Kothapally and Nallavelly and Pyara Nagar for nabbing P.W.G. extremists group of Narsapur squad area of Balanna dalam and Industrial Trade Union Dalam of Sanjeev. While they were engaged in combing in the forest on the outskirts of Pyara Nagar at about 03.00 hrs., they found some group of persons gathered in forest area who were possessing fire arms holding secret meeting. On seeing them, they (the combing party) demanded disclosure of their identity. Extremists who had gathered in the said forest, however, started counter shouts in Telugu and started firing on police party. While police party asked them to surrender voluntarily, they, without caring for the police continued firing and raised slogans "Naxalites Zindabad, P.W.G. Group Zindabad". Combing party then fired in self defence 30 to 40 minutes in the darkness of the night, after which, the firing stopped. The Circle Inspector has further stated as follows :

(3.) Inquest was held at 13.45 hrs. on 16-2-1997 by Sri N. Anjaiah, Mandal Revenue Officer, Narsapur who has noted various features, named the panchayatdars and given the description of the state of the body of the victim in the inquest report, in which, he has stated, in particular, that it had a pistol bearing No.48315-model of 1911, U.S. Army studded on it, having two bullets in its magzine, eight bullets in pouch and Rs.3,050/- in the pant pocket of the subject. In his words, "There is a dead body of an un-identified person in the Government Reserve Forest area lying with head towards northern side, legs towards southern side, facing downwards on the ground, deceased person having one pistol in his right hand, eyes closed, mouth was opened. There is a bullet wound on the right side of the abdomen and middle of the abdomen, and back side of the body, there is a bullet injury on his buttock. There is a bullet injury on his right hand elbow. The deceased has square type Allwyn wrist watch with stainless steel chain on his left hand. A paper chit was found in his pant pocket written to State Secretary as Lal Salam and below yours 'Sudharshan' was written, dated 3-1-1997, and another letter as a Red Salute dated 3-2-1997 and below written as 'Babanna' in another chit written as dear comrade Lai Salam and below written as 'bujji'.