Gauhati High Court
Page No.# 1/15 vs The State Of Assam And 6 Ors on 15 September, 2025
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/15
GAHC010146942024
2025:GAU-AS:12546-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W.P.(Crl.)/23/2024
SIEMTHANG HMAR AND 2 ORS
SON OF L REMSANG HMAR,
RESIDENT OF VILLAGE K. BETHEL BUBONKHA,
DIKHOSH GRANT, CACHAR,
ASSAM 788106.
2: LALTHAVEL HMAR
SON OF LATE KHUONGA HMAR
RESIDENT OF 57
K BETHAL TANGIA
DILKHOOSH
LAKHIPUR
CACHAR ASSAM 788106.
3: LALCHUNGHNUNG
SON OF LATE TLANGHMINGTHANG
RESIDENT OF VILLAGE- SENVONL LAILAK
TIPAIMUKH SUB-DIVISION
TIPAIMUKH
CHURACHANDPUR
MANIPUR
VERSUS
THE STATE OF ASSAM AND 6 ORS
THROUGH THE COMMISSIONER AND SECRETARY,
HOME DEPARTMENT,
Page No.# 2/15
HAVING ADDRESS AT ASSAM SECRETARIAT,
CM BLOCK, SECOND FLOOR,
DISPUR, GUWAHATI, ASSAM- 781006.
2:THE CHIEF SECRETARY
GOVT. OF ASSAM
HAVING ADDRESS AT CM BLOCK
3RD FLOOR
JANATA BHAWAN
DISPUR
GUWAHATI
ASSAM- 781006.
3:THE DIRECTOR GENERAL OF POLICE
ASSAM
ASSAM POLICE HEADQUARTERS
ULUBARI
GUWAHATI- 781007.
4:THE DISTRICT COMMISSIONER
CACHAR
DIST. CACHAR
ASSAM- 788001.
5:THE SUPERINTENDENT OF POLICE
CACHAR DISTRICT
ASSAM POLICE
CLUB ROAD
TARAPUR
SILCHAR
ASSAM- 788001.
6:THE OFFICER-IN-CHARGE
LAKHIPUR POLICE STATION
DISTRICT- CACHAR
ASSAM
Advocate for the Petitioner : MR. COLIN GONSALVES, MS. D GHOSH,MR. D K
AGARWALA,MR A.K. HAJONG,MS A HUSSAIN,MR I CHAKMA,MR. S. K. CHAKMA,MS N
DEKA
Advocate for the Respondent : GA, ASSAM,
Page No.# 3/15 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date of Hearing : 25.06.2025.
Date of Judgment : 15.09 .2025.
JUDGMENT AND ORDER (CAV)
(S.P. Khaund, J)
1. Heard Mr. C. Gonsalves, learned Senior Counsel through video conferencing assisted by Ms. D. Ghosh, learned counsel for the petitioners. Also heard Mr. D. Saikia, learned Advocate General, Assam, assisted by Mr. D. Nath, learned Senior Government Advocate representing respondent Nos. 1 to 6.
2. The petitioners are aggrieved by the custodial death of three accused and it is alleged that they were eliminated by the Assam police on 17.07.2024. Mr. Siemthang Hmar, Mr. Lalthavel, Hmar, and Mr. Lalchunghnung are the petitioner Nos. 1, 2 and 3 respectively. Petitioner No. 1 is brother of deceased Lalung Gawi; the petitioner No. 2 is the father of the deceased Lalbiekkung and the petitioner No. 3 is the brother of the deceased Joshua Lalringson.
3. The respondents in this case are; (1) State of Assam, Through the Commissioner and Secretary, Home Department, (2) The Chief Secretary, Governmnet of Assam, (3) The Director General of Police, Assam, (4) The District Commissioner, Cachar, (5) The Superintendent of Police, Cachar, (6) The Officer-in-Charge, and (7) The Chief Secretary, State of Mizoram.
4. It is submitted that the three deceased, Joshua Lalringson, Lalbiekkung and Lallungawi were arrested on 16.07.2024 at about 4.30 pm from Ganga Nagar, Part-VI, Krishnapur Road, Cachar District by the Assam Police in all probability from Kachudharam Police Station. At least six police personnel present, tied their hands behind their backs and took them to the Page No.# 4/15 police station and detained them. The deceased were initially intercepted by the police from an auto rickshaw bearing registration No. AS11-CC-1672 and the video of three men being disembarked from the auto by the police and being taken presumably to the police station is marked as Annexure-1 of this petition. From a video taken by a journalist of the 'Barak Life 24 News channel' standing outside the police station, it could be confirmed from the video that the three arrested accused were inside the police station at about 7 pm. It is alleged that the three arrested men were taken out of the police station sometime in the night or early in the morning of 17.07.2024 and killed by the Assam Police in cold blood.
5. It is submitted that on 17.07.2024, the DGP, Assam released a press notification which can be summarized as follows:-
At about 4.30 pm, based on a credible input regarding movement of suspected militants at Krishanpur Road, a police team rushed to the location and three persons namely, Lallungawi Hmar, Laibikung Hmar and Joshua were apprehended. They were carrying sophisticated arms and ammunition at the time of their apprehension near Ganganagar, on their way towards Bhuvan Hills, in an auto rickshaw. One AK-47 rifle, one single barrel rifle and one pistol were recovered along with live ammunition, which were duly seized. During interrogation, they revealed that they were taking shelter at Bhuvan Hills and they were carrying huge cache of arms to carry out some subversive activities in Assam-Manipur border areas. Subsequent thereto, a special operation was launched by the police in the areas identified by them. While the police team was approaching a difficult hilly terrain, police encountered indiscriminate firing by the suspected militants, who took shelter behind the steep hills. The police team retaliated and there was heavy exchange of fire from both sides. The apprehended militants wearing bullet proof jackets and helmets, sustained grievous injuries and they were immediately shifted to Sonai P.H.C. and the attendant doctor declared them to be dead. The other militants taking shelter in the jungle and the hilly terrain managed to escape.
6. It is submitted that although, the statement of the DGP has reflected arms and ammunition in the possession of the militants, it appears that the story of the DGP is entirely Page No.# 5/15 false and fabricated as the video of the men in the auto reveals no arms and ammunition in their possession. A conspiracy to commit cold blooded murder was hatched up by the police.
7. It is submitted that shocked and appalled by the extrajudicial killings, the HMAR-INPUI, an apex body of the Hmar tribe, the Indigenous Tribes Advocacy Committee (ITAC), Pherzawl & Jiribam, the HMAR Students Union and the Indigenous Tribal Leaders Forum (ITLF) issued a press release. It is contended that in the video annexed along with the petition, the faces of six police personnel are clearly visible and they ought to be arrested immediately. The article dated 17.07.2024 in Imphal Times reported that the S.P. Cachar, led a team of policemen which led to the killing of three men and hence the S.P. is also guilty of cold blooded murder in the pretext of exchange of fire. The families of the deceased and the people from the surrounding areas were terrified by the coercive measures adopted by the police and they were impelled to lodge the FIR through an email on 18.07.2024. It is submitted that the contentions in the FIR are similar to the instant petition. It is averred that despite serious apprehension of foul play in the extrajudicial killings, no action whatsoever has been initiated either by the Assam police or the State Government against the erring officials, which is a blatant miscarriage of justice and smacks of a deliberate attempt on the part of the Assam police and the State Government in concealing the truth and shielding the police personnel involved in the instant offence of murder.
8. It is submitted that the respondent authorities have failed in their Constitutional duty towards the petitioners and have caused immense injustice to the families of the deceased. The petitioners have therefore prayed for writ in the nature of mandamus or any other writ to register an FIR (based on Annexure-8) and to investigate and prosecute the guilty in accordance with law and to appoint an independent DGP from outside the State of Assam or any other independent Senior Police officer, independent of the Assam Police and the Assam Government, as an I.O. It is submitted that all the police personnel and others identified in the videos annexed along with this petition should be arrested and prosecuted in accordance with law.
9. The petitioners have also prayed for an order directing the State of Assam to pay the families of the deceased a compensation of Rs. 1 crore for each of the deceased.
Page No.# 6/15
10. An affidavit-in-opposition was filed by the Joint Secretary to the Government of Assam, Home and Political Department on behalf of Respondent Nos. 1, 2, 3 ,5 and 6. The respondents have stoutly denied the grievance espoused by the petitioners relating to alleged extrajudicial killings of three detained persons in the early morning hours on 17.07.2024. It is admitted that the three persons were arrested on 16.07.2024 at about 4.30 p.m. from Gandhinagar, Part-VI, Krishnapur Road, Cachar. Based on credible information relating to movement of suspected militants at Krishnapur Road, a police team rushed to the spot and three persons namely Lallungawi Hmar, Laibikung Hmar and Joshua armed with sophisticated weapons were apprehended while they were proceeding towards Bhuvan Hills in an auto rickshaw bearing registration No. AS11-DC-1672. It may be mentioned herein that in the writ petition, the registration number of the autorickshaw is stated to be AS-11-CC-1672.
11. During search, one AK-47 rifle, one single barrel rifle and one pistol were recovered along with live ammunition in contradiction to the submission of the petitioners that no weapons were recovered and the video footage does not reveal any weapons in the possession of the alleged militants. It is alleged that during search, one AK-47 rifle, one single barrel rifle and one pistol were recovered along with live ammunition which were duly seized from their possession. Accordingly, a case was registered as Kachudharam P. S. Case No. 43/2024 under Sections 61(2)/111(2) of the BNS read with Section 25(1)(a)/27 of the Arms Act and investigated into.
12. It is contended that during thorough interrogation, the three apprehended persons revealed that a group of their counterparts were taking shelter around Bhuvan Hills and they were in possession of a huge cache of arms to carry out some subversive activities in Assam and Manipur border areas. Subsequently, a special operation was launched under the supervision of A.S.P., Headquarters along with the police station staff and A.G. Commandos in the general areas of Bhuvan Hills for apprehension of the suspected militants, on being led by the apprehended accused persons. At that point of time, all the police personnel and the three apprehended persons were wearing safety equipments.
As soon as the police approached the hilly terrain, they faced a barrage of gunfire opened by Page No.# 7/15 the militants who were hiding behind the steep hills. The police personnel retaliated and in the heavy exchange of fire, the three suspected militants wearing bulletproof jackets and helmets along with the police personnel sustained grievous injuries and they were immediately shifted to Sonai P.H.C. where the doctor declared them as dead.
13. It has to be borne in mind that this narration on behalf of the police has been strongly assailed by the petitioners stating that the police have concocted a false story in their defense against the allegation of cold-blooded murder of the three deceased.
14. The contention of the petitioners that as there were no suspected militants surrounding the police team, the respondents have falsely stated that the other militants have fled the scene, holds no water. Relating to this incident, an FIR registered as Kachudharam P.S. Case No. 44/2024 under Sections 113(1)(2)/61(2)/103/109(3)(5) of the BNS read with Section 15/16 UA(P) of the Arms Act read with Section 4 of the PDPP Act was registered and investigated into. After the incident, one AK-47 along with live ammunitions and a number of empty cases are alleged to have been recovered from the place of occurrence. After post- mortem examination, certain articles were also seized from the possession and from the body of the deceased. Inquest was held and videographed.
15. It is submitted that the post-mortem on the bodies of the deceased was performed on 17.07.2024 by a panel of doctors. Thereafter, final opinion regarding cause of death was submitted by Dr. Nayanmani Choudhury, M.D., Assistant Professor and in-charge of Department of Forensic Medicine at Silchar Medical College, Assam dated 31.07.2024,wherein it was opined that:-
(A) Death of deceased Lallungwai Hmar was instantaneous following the injuries sustained in the thorax caused by bullet fired from rifled firearm.
(B) The cause of death of deceased Joshua as per the final opinion submitted by Dr. Nayan Mani Choudhury on 31.07.2024 was instantaneous following the injuries sustained in the head caused by bullet fired from rifled firearm, and Page No.# 8/15 (C) As per the final opinion submitted by the doctor dated 31.07.2024, the cause of death of deceased Lalbikung Hmar was owing to hemorrhagic shock following the injuries sustained caused by bullet fired from rifled firearm.
16. The copies of final opinion regarding cause of death of all three deceased are marked as Annexures- C(i), C(ii), and C(iii).
The statement of the complainant Hirokjyoti Das of Kachudaram Police Station was recorded by the Investigating Officer (I.O. for short) and the crime scene was visited by the I.O. and other senior police officials including DIG (SR), Cachar. One person namely Biswajit Acharjee alleged to have provided conveyance and other logistical support to the above suspected militants was arrested in connection with Kachudaram P.S. Case No.43/2024.
17. The medical examination of the injured police personnel ASI, Dilwar Hussain Laskar, LNK Ajmal Hussain Laskar and LNK Kagai Rongmai was conducted and they were admitted and were undergoing treatment in the hospital. Investigation continued. A report was forwarded to the National Human Rights Commission, New Delhi as per guidelines along with a copy to the Chief Secretary to the Government of Assam, the DGP Assam, the DIG and others. A prayer was made to the DIG (SR) Silchar, Assam to appoint an independent investigating officer to investigate into the case i.e., Kachudaram P.S. Case no. 44/2024 and accordingly the investigation was re-endorsed to Shri Sekharjyoti Roy, Additional S.P., Headquarter, Hailakandi.
18. Medical and magisterial enquiry was ordered by the District Magistrate vide letter dated 19.07.2024. The seized articles were forwarded to the Directorate of Forensic Science (DFS), Assam, vide letter dated 23.07.2024. The preserved viscera of the bodies were forwarded to the D.F.S. for forensic analysis vide letter dated 21.07.2024.
19. It has been stressed by the respondents that one of the prime accused in the instant case namely Lalbikung Hmar was also earlier arrested in connection with Lakhipur P.S. Case Page No.# 9/15 No. 152/2019 under Sections 120(B)/121/121(A) of the IPC read with Section 25(1-b)(a) of the Arms Act, and also a huge cache of following arms and ammunition was recovered from his possession:-
(A) 1M-16 rifle;
(B) 1 magazine M-16 1 AK-56 rifle;
(C) 1 magazine AK-56; 53 rounds of 7.55 mm ammunition;
(D) 10 rounds of 5.56 mm; and so on and so forth.
20. It has been further submitted by the respondents that on 12.07.2024, an information regarding firing by some unknown Kuki/Hmar militants about 23 hours on 11.07.2024 at Chekarcham was received. Accordingly, police team from Kachudaram P.S. visited the place of occurrence at Chekarcham and recovered three rounds of empty cases suspected to be fired from AK series rifle.
21. On 18.07.2024, some unidentified persons suspected to be Kuki/Hmar miscreants have unauthorizedly trespassed into the premises of the autopsy center and mortuary at Central Medical College and Hospital with an ulterior motive to take away the bodies of the deceased militants and this was reported by the security personnel of the hospital at Ghungoor outpost.
22. A G.D. entry being Ghungoor OP GD entry No. 269 and 270 dated 18.07.2024, were registered. An information was received that on 06.06.2024, one Manipuri Meiti businessman namely Soiban Sarat Kumar Singha was kidnapped and brutally killed by Kuki/Hmar militants at Jiribam, Manipur and suddenly communal tension flared up in the neighboring districts of Jiribam and Tamanglong and many families including women and children sneaked into Lakhipur Sub-Division area apprehending imminent threats to their lives after crossing the Jiri river at night. Thereafter, there were incidents of several violent attacks by armed Kuki/Hmar militants at Jiribam, Manipur on the security forces as well as Meitei Manipuri killing innocent people including security personnel.
Page No.# 10/15
23. After the breakout of the incident, the office of the S.P., Cachar has been receiving multiple inputs from state as well as national intelligence agencies relating to movement of armed Kuki/Hmar militants in the jurisdiction of Kachudaram police station as well as Lakhipur subdivision which corroborated and clearly established their presence in the area for some subversive activities in Assam-Manipur interstate border.
24. The deponent also through the present affidavit-in-opposition, has placed on record a detailed report in connection with the Kachudaram P.S. Case No. 44/2024, where three Hmar militants were killed in an incident of firing on 17.07.2024 at Bhuban hills.
25. We have given our thoughtful consideration to the submissions at the Bar. We have also considered the following, viz., (i) writ petition, (ii) affidavit-in-opposition by respondent nos. 1, 2, 3, 5 and 6; (iii) rejoinder affidavit by the petitioners; (iv) affidavit-in-opposition filed by respondent nos. 1, 2, 3, 5 and 6 on 18.09.2024; (v) additional affidavit filed by the respondent nos. 1, 2, 3, 5 and 6 on 18.11.2024; (vi) affidavit filed by the respondent nos. 1, 2, 3, 5 and 6 on 22.11.2024; (vii) written note of submissions on behalf of the petitioners.
26. It is argued that on 16.07.2024, three persons were arrested and they died as a result of being used as human shield on 17.07.2024. A series of affidavits have been submitted by the State but there is not even an oblique reference to the video portraying the arrest of the three deceased, and their extent of confinement thereafter, also showing three men being disembarked by the police presumably to proceed to the police station and these videos are annexed in the pen drive as Annexure-1 of the petition. This note has also been referred to in the paragraph-8 of the writ petition but there is not even a murmur of this video through the counter affidavit nor is there any dispute relating to the correct recording of the video by the respondents. The post-mortem (PM for short) report analyzed at page-136 of the rejoinder submitted by the petitioners clearly shows inconsistencies with the submission of the respondents as the P.M. report reflects firing at close range which implies that the deceased were killed at point-blank range. The injuries revealed by the P.M. report proves torture being inflicted on the three deceased prior to their death.
Page No.# 11/15
28. The respondents have laid stress in their argument that in this manner by explaining a cross-firing between militants and the police personnel, the respondents cannot shirk off the evidence of cold-blooded murder. Furthermore, the criminal record referred to by the respondents relating the deceased Lalbikung Hmar in the instant case is not relating to an offence committed by him as father's name is not similar. They are referring to another person with a similar name.
29. The other aspect to be borne in mind is that the FIRs of the parents of the deceased were never registered which has also been taken note of by the Hon'ble Supreme Court of India.
30. The digital evidence and the submissions are carefully considered. It is not clear at this juncture, if charge sheet has been laid in connection with this case, or if Investigation is still under progress. This Court refrains from commenting on the digital evidence as investigation is presumably still under progress. It is unfathomable as to why any investigating agency would commit cold-blooded murder in a random manner. However, the allegations of extrajudicial killings also cannot be ruled out conclusively or at least at this stage. Concern over extra judicial killings are far from recent. This Court is also privy to instances of extra judicial killing. However, the investigation has already been re-endorsed to the Additional S.P. of another district i.e. Hailakandi. It is also noticeable that it cannot be ruled out in the instant case that only three suspected militants sustained fatal injuries, whereas the police personnel who were caught between the cross-firing sustained only simple and minor injuries. It has also been submitted by the learned counsel for the petitioners that the respondents have falsely stated that the apprehended persons were wearing bulletproof jackets and helmets whereas, in reality it is clearly visible that they were not wearing any safety equipments at all.
31. The petitioners have not accepted that the police staff Ajmal Hussain Laskar has Page No.# 12/15 sustained grievous injuries as mentioned in the medico legal report because the injury described in the report depicts soft issue injury which cannot be termed as grievous injury. The other police personnel, LNK Kagai Rangmay and Dilwar Hussain Laskar had sustained simple injuries caused by blunt object and described as bruises and abrasions.
32. The learned Senior counsel for the petitioner has laid stress in his submission that an analysis of the postmortem report clearly depicts several lacerations and abrasions which clearly reveals physical torture endured by the deceased.
33. Analysis of the post-mortem report i.e. Annexure-B (i), B(ii), B(iii) of the affidavit-in- opposition reveals the following injuries sustained by the deceased:
(a) The post-mortem report of 1) Lallungwai Hmar [i.e., (Annexure-B(i)] reveals as follows:
1. Perforated Injury of size 2cm x 1cm present over right temporal area of scalp, 8cm above right mastoid process with blackened, abraded & inverted margins involving the scalp and soft tissues. (Entry wound of bullet).
2. Lacerated injury of size 1.5x1 cm with everted margins present over right temporal area of scalp, 11 cm above right mastold (Exit wound of injury no.1)
3. Penetrating injury of size 1cm x 1cm, cavity deep, with blackened, abraded & inverted margins present over anterior aspect of chest on left side at the level of 6th Inter-costal space, 11cm away from mid-line. (entry wound of bullet).
4. Lacerated injury of size 3cm x 2cm present over right shoulder, 1cm behind acromion process and 14cm away from mid-line. Margins of the wound found to be everted. Blood seen oozing from the wound. (Exit wound of injury no. 3).
[Sl. No. 5 to 7 and cause of injury are mentioned in page 76]
(b) The post- mortem report of (2) Joshua [i.e. Annexure B(ii)] reveals as follows:-
Page No.# 13/15
1.Penetrating injury of size 1.5cm x 1.5cm cavity deep, present over left parietal area of scalp, 9cm above left mastoid and 9cm from midline, margins inverted, blackened and abraded (entry wound of bullet)
2. lacerated injury of size 5.5cm x 4.5cm present over frontal area of scalp, cavity deep, 7cm above supraorbital ridge, over the midline, margins everted (exit wound of injury No. 1).
3. Penetrating injury of size 1cm x 1cm, cavity deep, present over lateral aspect of right arm, 13.5cm below acromion process, margins inverted, blackened and abraded (entry wound of bullet).
4. Lacerated injury of size 2cm x 0.8cm present over superior aspect of left shoulder, 5cm anterior to acromion process, 18cm from midline, margins everted, (exit wound of injury No.
3),
5. Graze abrasion of size 4.5cm x 2cm present over left side of anterior chest wall, 6cm from midline, 15cm below midclavicular line, reddish brown in color.
6. Penetrating injury of size 1cm x 0.5cm, muscle deep, present over anterior aspect of left abdominal wall, 6cm below umbilicus, 1cm from midline, margins inverted, blackened and abraded (entry wound of bullet) with embedded metallic object in the muscle tissues.
7. Penetrating injury of size 1cm x 1cm present over anterolateral aspect of left thigh, 29cm below anterior superior iliac spine, 14cm above knee joint, margins inverted, blackened and abraded (entry wound of bullet).
8. Lacerated injury of size 2.8cm x 2cm present over posterior aspect of left thigh, 21.5cm below posterior superior/ilac spine, 3cm above Injury no. 9, margins everted, (exit wound A of injury No. 7).
[Sl. No. 9 and 10 and cause of injury are mentioned in page 81]
(c) The post- mortem report of (3) Lalbikung Hmar [i.e. Annexure B(iii)] reveals as follows:-
Page No.# 14/15
1.Pressure abrasion of size 1.5 cm x 1 cm present over left side of face, 3cm from lateral canthus of eye and 3 cm below superior orbital ridge; reddish brown in color.
2. Pressure abrasion of size 1.5 cm x 1 cm present over right side of neck, 9 cm from midline and 1 cm below angle of mandible; reddish brown in color.
3. Penetrating injury of size 1 cm x 0.8 cm, cavity depth, present over posterior axillary line on right side, 28 cm below acromion process, with inverted margins, blackened and abraded (Entry wound by bullet)
4. Laceration Injury of size 3 cm x 2 cm, cavity depth, present over anterior aspect of chest on left side, 8 cm below supra sternal notch and 3 cm from midline, with everted & irregular margins (Exit wound of injury No.3)
5. Penetrating Injury of size 1 cm x 0.8 cm, cavity depth, present over posterior axillary line on right side, 3 cm below. Injury No. 3, with inverted margins, blackened and abraded (Entry wound by bullet),
6. Laceration Injury of size 2 cm x 1 cm, cavity depth, present over anterior aspect of chest on left side, 8 cm below supra sternal notch and 2 cm from midline, with everted & Irregular margins (Exit wound of injury No.5)
7. Pressure abrasion of size 7.5 cm x 6 cm present over anterior chest over midline, 8 cm below supra sternal notch; reddish brown in color. 8 Penetrating injury of size 1 cm x 0.7 cm and cavity depth present over posterior axillaryad
8. Penetrating injury of size 1 cm x0.7 cm and cavity deep present over posterior axilliary line on right side, 22 cm below acromion process, with Inverted margins, blackened and abraded (Entry wound by bullet)
9. Laceration injury of size 5 cm x 3 cm present over anterior chest on right side, 16 cm below midclavicular line and 4 cm from midline with everted & in wound of injury No. 08).
10 . Perforated injury of size 5 cm x 2 cm present over anterior chest on right side, 16 cm below supra sternal notch and 1 cm from midline, with inverted margins, blackened and abraded, involving skin, subcutaneous tissues and underlying sternum (Entry wound by bullet).
Page No.# 15/15 [Sl. No. 11 to 18 and casue of injury are mentioned in page 86].
34. By drawing the attention towards the bullet injuries, it is submitted by the learned Senior Counsel for the petitioners that blackened and abraded injuries clearly reflects that the deceased were shot at close range, which belies the submission of the respondents about cross-firing in the hilly terrain between the police officials and militants waiting in ambush. It is also submitted that the respondents have failed to justify why would the deceased sustain wounds like abrasions and lacerations. These injuries reeks of physical torture.
35. At this juncture, this Court is of the opinion that it cannot be pre-empted that the investigating agency will conduct the investigation in a partisan manner and screen the police officials involved in extrajudicial killings. The counter affidavit itself clearly reveals that this matter has also been referred to the NHRC and parallelly investigation is progressing in connection with the alleged incident of death of the deceased. The investigation of Kachudaram P.S. Case No. 44/2024 has been entrusted to the Additional S.P. of another district i.e. Hailakandi and another Kachudaram P.S. Case No. 43/2024 is also under investigation. It would be advisable to the petitioners to await for the view of the NHRC.
36. In the wake of the foregoing discussions, petition is hereby dismissed.
37. However, the petitioners are at liberty to file an appropriate application if they are still aggrieved on the culmination of the aforementioned cases.
JUDGE JUDGE Comparing Assistant