Andhra HC (Pre-Telangana)
Sri P. Narayana Swami, Trade Unionist vs The S.I. Of Police And Ors. on 27 August, 1996
Equivalent citations: 1996(4)ALT241
Author: C.V.N. Sastri
Bench: C.V.N. Sastri
ORDER Lingaraja Rath, J.
1. This case was initiated on the basis of a telegram sent by the petitioner alleging that one Sammireddy A. Srikanth, kidnapped by the police, is still in the police custody. On the same day the petitioner sent a letter to the Hon'ble the Chief Justice alleging that in the last week of May police announced Mr. Sammireddy (A) Rama Kanth and his wife, Smt. Niranjana to have expired in police encounter, but that a drama had been played inasmuch as another person had died in the encounter but not Sammireddy and that fact appeared in Vaartha, a Telugu Daily news paper, on 31-7-1996. The telegram was treated as a petition for Habeas Corpus and on notice being issued, counter affidavit was filed denying the fact that the alleged detenu Sammireddy had not died in the encounter. It was stated that Sammireddy alias A. Srikanth, alias Ramakanth alias Ashok was originally a coal cutter in the Singareni Collieries. Subsequently he joined as the member of the Singareni Karmika Samakya (SIKASA), an organisation affiliated to C.P.I. (ML) Peoples War Group, which is now banned by the Government. He was involved in a number of murders, hurts, arsons, extortion, criminal intimidation and attempt to murder in Adilabad and Karimnagar Districts and a number of cases were pending against him. He went underground since 1982 and the police were after him. On 23-6-1996 at 4-15 p.m. on receipt of information that some SIKASA extremists under the leadership of Sammireddy and others have taken shelter in Quarter No. 2 of Naspur Colony, Srirampur, Mancherial, Adilabad, the deponent of the counter affidavit Mr. V. Sailu, Inspector of Police along with other police force consisting of 15 members went to the quarter and surrounded it. They asked the inmates to come out of it and surrender, but without heeding to the request of the police party they started firing at the police from inside the quarter through the doors and windows as a result of which Mr. Laxman, Sub-Inspector of Police, Srirampur Police Station and Mr. Venkateswarlu, Sub-Inspector of Police, Asifabad Police Station were injured with bullets. The alleged detenu thereafter slipped to the 5th quarter of the colony and started firing from inside and he did not heed to the request of the police to surrender. Due to their firing two police people received bullet injuries and died on the spot During the exchange of fire Sammireddy and another woman had died. Autopsy was conducted on the dead bodies of the deceased by the Medical Officer, Government Hospital, Mancherial in connection with the incident in Crime No. 69/96 under Sections 302, 307 of the Indian Penal Code and under Sections 25(l)(a) and 27 of the Indian Arms Act of CCS. Narsapur Police Station on 24-6-1996 at 0.30 hours. A copy of the F.I.R. was sent to the Court of the Munsif Magistrate, Luxettipet and an enquiry into the incident is pending with the First Class Executive Magistrate, Mancherial. The dead bodies of the deceased Sammireddy and Niranjana were identified by their relatives and they cremated the dead bodies. The tenth day ceremony of the deceased alleged detenu Sammireddy was advertised In Vaartha, the Telugu daily news paper.
2. Orders were passed by this Court on 14-8-1996 directing the respondents to file further affidavit clearly disclosing as also producing the records as to the authorisation of the deponent to the counter affidavit and his party and their movements on 23-6-1996 to surround Quarter No. 2 of Naspur colony, the details and the stages of the different cases in which Sammireddy A. Srikanth was involved, and if the cases were still under investigation, what were the stages of investigations. The learned Assistant Government Pleader was also directed to file a spot-map of the place where the encounter took place showing the positions of the different persons.
3. Additional counter affidavit was filed by the respondents on 18-8-1996 disclosing the number of cases in which Sammireddy was involved and further reiterating that Sammireddy had died in the encounter. The second additional counter affidavit has been filed on 25-8-1996 furnishing the spot-map of the scene of offence in Crime No. 69/96.
4. A copy of the F.I.R. in Crime No. 69/96 as well as the post-mortem report in respect of Sammireddy has also been furnished. It appears from the F.I.R. that a crime has been registered showing Sammireddy as an accused in the case in which Chakrapani, Inspector of Police, Chennur received bullet injuries and died and I. Venkateswarlu, Sub-Inspector of Police, Asifabad sustained injuries. The post-mortem report of the deceased Sammireddy shows that his death has been occasioned by bullet injury of which the entry wound is on left scapula. The spot map discloses that the body of Sammireddy to have been lying in the kitchen at the rear of Quarter No. D/5, which is to the north of the quarter. From the spot-map it appears that there was verandah of the kitchen. It is explained by Sri. A. Narender, learned Assistant Government Pleader appearing for the learned Advocate General that the police people had gone upon the roof of the quarter and they might have made holes in the roof and fired through the holes into the quarter.
5. The affidavits filed do not disclose as to in what manner Sammireddy received bullet injures in the said encounter. Though the death was on 23-6-1996 and two months have already expried, yet the facts of the case must be available in detail with the respondents. The ballistic report of the death of Sammireddy would show the course of the bullet injury received by him on his back and would also show whether the bullet was fired from the roof or from across the road. In spite of our giving adjournments the facts in clear detail have not emerged in the affidavits. Since, Sammireddy is stated to have died on account of receiving bullet injury, it is a case in respect of which a crime had to be registered and investigation of his death taken up as a case of culpable homicide. It is true that a case has been registered relating to the death of the police personnel where the death of Sammireddy may also be gone into. But considering the fact that the proper facts are not for the coming and that more than two months have elapsed, as also the fact that Sammireddy died on account of bullet injury received at his back, we deem it proper that a separate crime should be registered in respect of his death and the matter should be investigated by an independent agency as to whether actually there was an encounter death of Sammireddy. The learned Assistant Government Pleader submits that by en trusting the investigation to an independent agency, the morale of the police would be besmeared. We do not agree, since if at all in the investigation the fact of encounter death would be established, it would be only boost up the morale of the police force.
6. In that view of the matter, we dispose of this case with a direction to the Superintendent of Police, C.B. C.I.D., who is impleaded as Respondent No. 4 in the case to register a case and investigate as to the manner in which Sammireddy met his death. If, on account of the investigation, any case is revealed contrary to the facts stated in the counter affidavit and the additional counter affidavits, a charge-sheet has to be filed and the case pursued. The report of the investigation be also intimated to this Court. During the course of the investigation the fact regarding the (death of) other deceased Niranjana may also be gone into.