KAMINI BALA TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The allegation in this case is that one Sudhir Talukdar aged about 27 years who was the second son of Sri Madhab Chandra Talukdar was killed by the police in front of this house on 3-6-95. Sudhir passed the HSLC examination in the year 1984, but could not prosecute his studies due to adverse pecuniary condition of his father.

(2.) The admitted position in this case is that Sudhir is a hardcore ULFA, but the question is that whether the killing of Sudhir was a diabolic murder or that was in pursuance of an attempt to apprehend him. The allegation is that on the morning of 3-6-95 at about 11.30 a.m. when Sudhir along with 3 other persons were playing carrom by the side of public road in front of his house, at that time 8 persons in civil dress came to the spot on 4 motor cycles and on being pointed out by one of them Sudhir was caught by another and one of the eight persons brought out a revolver and fired on Sudhir. Sudhir being injured ran towards the 'bari' behind his residential house: Then all the eight persons chased Sudhir with their motor cycles, went inside the 'bari' through the small track and fired point blank on him by using carbine. Sudhir died on the spot instantaneously. Thereafter some of the eight persons disclosed their identity as police personnel and one of them was a surrendered ULFA.

(3.) Thereafter this Civil Rule was filed with a claim for compensation on account of the killing of the son of the petitioner. The District Judge at Barpeta was asked to conduct an enquiry and accordingly the learned District Judge examined the following witnesses:1. Kamini Bala Talukdar, the mother of the deceased. 2. Himangshu Talukdar, a close door neighbour of the deceased and who saw the occurrence. 3. Himangshu Talukdar, the person who was playing carrom with Sudhir.