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112. P.W.-17 is Baiju Baraik and during examination in -chief, he has stated that while he was posted Officer In-charge on 02.07.2013 at Gopikandar Police Station then at around 2.35 P.M. in the afternoon, he received an information that firing has taken place towards Karudih More and at that time ASI. Mushtafa Khan had gone for investigation, then he was called immediately to police station and in the meantime, he received the information from the Officer In-charge Amarapara to arrive immediately for help as S. P., Pakur has been trapped. Thereafter ASI Mustafa Khan came to the police station, then he proceeded and in the meantime Officer In-charge of Armrapara police station had also arrived by his vehicle and on way, Officer In-charge, Pakudia police station also joined with police force and then they went to the place of occurrence and also proceeded to the place of occurrence on foot along with the armed forces by keeping their vehicle 100 metre ahead of the place of occurrence, but by that time firing was closed. In the meantime, Officer In-charge Ashok Kumar and Police Inspector Chaunhash Minz of Kathikund Police Station had also arrived there. He has also found their one while colour Scorpio near the culvert and its both front tyre and rear of the left side tyres were punctured. In the middle seat, Chandan Kumar Thapa was dead and 20 feet towards the north side of vehicle near the tree of wood apple, the dead body of late Amarjeet Balihar, S.P. Pakur was lying in three feet ditch. He further stated that one silver colour bolero was also standing at the distance of 7 to 8 steps where he had seen the dead body of Ashok Kumar Srivastava, Rajeev Kumar Srivastava and Manoj Hembrom. He had also seen the injured Hawaldar Bablu Tudu, Dhanraj Mariya, Private Driver and one Santosh Kumar Mandal (died during treatment) and Labonius Marandi in injured condition to whom he was sent for treatment. He further stated that seizure list of one black shoe, one sandal, one cap of speckled colour and plastic gallon of two litre wrapped with gamcha and 41 blank cartridges of SLR, 15 blank cartridges of A. K. -47, two of .303 and to misfire cartridges and one blank cartridge of Insas was prepared in presence of Ashok Kumar, Officer, In-charge Kathikund Police Station, Hawaldar Vijay Kumar Singh, Police Manjit Kisku. He has further stated that he had seen signs of 13 bullets from the front in Scorpio Vehicle of S. P. Saheb and signs of 10 bullets from the right side and signs of 7 bullets at the lift side and sign of 5 bullet at the back side of the number plate and its nearby places. He had seen bullet injuries in the head of Chandan Kumar Thapa and vehicle was in pool of blood. He had also seen the sign of 12 bullets in the right side in the white Bolero Vehicle and door of both the vehicles were opened and their glass were broken. He further asserted that Prabir Da @ Prabil Da, Zonal Commandar of CPI Maoist Group and its members Sahdeo Rai @ Tala Da were active in that Area and in the said group Daud @ Vimal Soren, Josheph Soren, Sudhir Kisku @ Imanuvel Hansda, Deepak Dehri, Sonu Dehri, Kiran Tudu, Paku Tudu, Sanatan Baski, Satan Besera, Wakil Hembrom, Vijay, Mahasay, Lobin, Sunita, Bharat Singh Kisku and other active members namely Imanuvel Murmu S/o Sundar Murmu, Stephen, Som Baski, Imanuwel Murmu, S/o Raisan Murmu, Hopna Hembrom, Suresh Bhagat were member of the said organization. He has stated that they i.e. the Accused Persons have committed the said act in conspiracy with each other by committing murder of police personnel and have looted two AK-47 rifle, four Insas rifle, bullet proof jacket of Superintendent of Police and mobile etc. Later on he learnt from the Investigating Officer that bullet proof jacket of S. P. Amarjeet Balihar was recovered from Sanatan Baski son of Kisto Baski.

120. He has further stated that he had recovered black cartridges of bullet, misfire bullet and one black colour shoe, plastic sandal, one dappled colour cap, one plastic jerkin wrapped with Towel (Gamcha) were also found and from the seized articles recovered from the southern side of the place of occurrence, it seems that the naxals had hide themselves by taking their position in the ditch and jungli bushes from the southern side. He had also noticed the signs of bullets at the branch of Jungli Tree at the northern side of the place of occurrence, which showed that the police force had also made encounter firing. He further stated that one pistol grip of AK-47 rifle was also found from the place where the dead body of the S. P. Pakur was recovered. It also appeared to him that in course of firing, firstly Superintendent of Police, Pakur had alighted from the vehicle and came into the ditch of three feet at northern side and had informed Ranjeet Minz, Officer In-charge of Amarapara Police Station at about 2.30 PM, 2.36 PM and 2.39 PM respectively by asking Minz (i.e. P.W.-11, Ranjeet Minz) to come soon as they have been trapped and therefore it was clear that at that time he i.e. S. P. Pakur was alive. He has also narrated the surroundings of place of occurrence, which is not being discussed here. He further prepared the seizure list of the sample of bloods, which were found at Scorpio Vehicle and Bolero Vehicle at the place of occurrence, were prepared and the seizure list was in hand writing of Sub-Inspector, Parshuram Rai and he has put signature on the seizure list, which is marked as Ext. -12. He has also proved the MAP of the place of occurrence, which is marked as Ext.-13 and which is mentioned at para-79 of the case diary.

130. Thereafter on 20.02.2014, P.W-19 filed an application before the Additional Chief Judicial Magistrate, Dumka for addition of Section 16(1A)/18 of the UA (P) Act and further investigation of this case was handed over to Dy.S.P. Anil Kumar Srivastava along with all the papers. He has further identified the material Ext.-01, which is of the broken pistol grip of AK-47, which was seized by the Ashok Kumar, Officer In-charge, Kathikund Police Station and also identified one shoe of Black colour marked as Material Ext. 01/01, one plastic piece material marked as Material Ext. 01/02, cap of chitkarba colour marked as Material Ext. 01/03, one gamcha marked as Material Ext. 01/04, blank jerkin of two litre marked as Material Ext. 01/05, one black colour blank magazine, marked as Material Ext. 01/06, one magazine of 12 bullets and two another bullets inserted inside the material marked as Material Ext. 01/07 and one bullet proof jacket marked as Material Ext. 01/08 respectively. He further stated that he had sent these materials namely 41 pieces of Khokha of SLR, 15 piece khokha of AK-47, one piece Khokha of Insas, one live cartridge of AK-47, two piece misfire bullet, two piece live cartridges of 303 for Forensic Report, but the same has not yet received and which would be produced by Mistor Kerketta Sub-Inspector and Officer In -charge of Kathikund Malkhana. He has further proved the written report in writing and signature of Sub-Inspector Nistor Kerketta marked as Ext-16. He has identified the accused Satan Besra, Sanatan Baski, Wakil Hembrom in the Court against whom he has submitted the charge-sheet.

He further stated that he had found one person in police dress and one person in civil dress were found in injured conditions. Person in police dress has disclosed his name as Lebenius Marandi(i.e. P.W.30) and injured person in civil dress disclosed his name as Dharmraj Maraiya @ Dhanraj Maraiya (i.e. P.W.31).

Thereafter he boarded both the injured persons on the Anti- Mines Vehicle and the persons, who had earlier boarded in the Anti Mines Vehicle also disclosed their names as Hawaldar Bablu Murmu and police personnels Santosh Kumar Mandal and Hawaldar Bablu Murmu stated that they were returning to Pakur with S.P. Pakur, Amarjeet Balihar after attending the meeting of D.I.G. on 02.07.2013 and while they were returning then continuous firing were made from the right side of the Jungle near newly constructed Pulia and due to which Ashok Kumar Srivastava, Manoj Hembrom, Rajeev Kumar Sharma died and Santosh Kumar Mandal became injured and injured further disclosed after closure of firing also some extremists arrived at near his vehicle (i.e. Bolero Car) and they presumed them to be dead and then the accused persons shouted "Pravir Da what happened to the ahead next vehicle", then other side shouted " S.P. Saheb has been shot dead". Thereafter he again heard Tala Da, Joseph, Daud looted the arms of all. P.W.-20 further disclosed that P.W.-12, Babloo Murmu has stated that his Insas rifle and three other personnel and bullet were looted by the extremists. Thereafter, P. W.-12 had also stated before him that he had heard voice that further two AK-47 and bullets were found from the vehicle. Thereafter extremists shouted to flee away as the police had arrived and then about 30-35 extremists after raising Maoist slogans, fled away north side of the Jungle. P.W.-20 has stated that in the meantime, the police party of Gopi Kandar P. S., Pakuria P. S., Amarapada P.S also arrived there. He further stated that the police parties of Pakuria and Amarapara P.S. had also identified the deceased on the basis of their names plates and of the same district of the deceased Chandan Thapa, deceased Manoj Hembrom, deceased Ashok Kumar Srivastava, deceased Rajeev Kumar Sharma. Thereafter, they searched the entire jungle of nearby areas, then they recovered 41 Khokhas of SLR, 15 Khokha of AK-47, one Khokha of Insas, Two misfire live bullet of AK-47, two khokha of .303 and one live misfire bullet of .303 and broken piston grip of AK-47, one black colour shoe and one plastic chappal, two litres gallon tied in gamcha and which were seized by Hawaldar Vijay Kumar Singh and Constable Manjeet Kisku by preparing seizure list, which is in his writing and signature of P.W-20, Ashok Kumar marked as Ext. -17.