JUDGMENT Biplab Kumar Sharma, J. 1. The matter involves death of three young persons in Army firing. While according to the petitioner, the Army has caused their death illegally, according to the Army their death is a result of the Act of retaliation in self defence when one of them fired upon Army search party. The petitioners are the respective fathers of the deceased namely, Siba Moran, Janak Moran and Dhiraj Duara. As stated in the writ petition, on 25.12.2011, Siba and Janak had gone out in Janak's motor cycle and at around 4.30 p.m., they were seen at a Petrol Pump by the petitioner No. 1, where they had gone to fill petrol in the motor cycle and thereafter at around 7 p.m., they were seen by various other persons in the Makum Township. The 3rd deceased namely Dhiraj had left his home at about 2 p.m. on 25.12.2011 and as claimed by the petitioners, he was seen watching volleyball match in the village by some villagers. Later on, he was seen by many people boarding a tempo and going towards Makum in the late afternoon. 2. When the three deceased did not return home till late at night, their family members began to worry and the petitioner No. 1 rang up his son Siba (Mobile No. 9813178883), but there was no response although the phone went on ringing. Similarly, Dhiraj's family members also tried to contact him in his mobile phone bearing No. 9954390547, but there was no response. Throughout the night the family members of the three deceased along with other villagers tried to locate their whereabouts, but all efforts went vain. 3. As stated in the writ petition in the next day morning i.e. 26.12.2011 at about 9 a.m. there appeared a "Breaking News" on a few Guwahati based Televisional boys were killed in an encounter at Namsai in Arunachal Pradesh and that one of the boy was identified as Dhiraj Duara. Later on, in the day, the names of all the three boys who had been killed in the encounter were telecast in the television. 4. On receiving the news, the petitioner No. 1 again dialed his son Siba's mobile No. 9813178883 and this time it was received by one police officer at Tinsukia Police Station. Later on, in the day, the names of all the three boys who had been killed in the encounter were telecast in the television. 4. On receiving the news, the petitioner No. 1 again dialed his son Siba's mobile No. 9813178883 and this time it was received by one police officer at Tinsukia Police Station. The said police officer asked the petitioner No. 1 to call Namsai Police Station and also provided him the telephone number of Namsai Police Station. Immediately thereafter the petitioner No. 1 called up Namsai Police Station and he was informed that bodies of all the three slain persons were there at the police station and asked him to come to Namsai Police Station. Immediately on receipt of the said information, the family members of the deceased along with some other villagers rushed to Namsai police station, from where they were asked to go to Namsai hospital morgue to identify the dead bodies. The three petitioners along with their family members went to Namsai hospital morgue and identified the deceased. By the time, the dead bodies were handed over to their respective families, it was 5 p.m. of 26.12.2011. According to the petitioners they could clearly notice some cut marks on the bodies of the deceased. 5. According to the petitioners, on being asked as to how the death occurred to the three deceased, the Makum police station could not provide any information regarding killing of the three deceased in spite of the fact that Bikram Moran, elder brother of Siba Moran was himself posted as a home guard at Makum police station. The FIR dated 26.12.2011 was lodged by the Army with Namsai police station, Arunachal Pradesh claiming that three members of ULFA riding on a motor cycle had opened fire at the Army check post and in retaliation the Army also opened fire, as a result of which the three deceased died. Postmortem of the bodies of the deceased was conducted at Namsai hospital around noon of 26.12.2011. Thereafter a second postmortem was conducted at Tinsukia Civil Hospital op 28.12.2011, pursuant to a case that was registered on the basis of three FIR's lodged by the family members of the three deceased on 25.12.2011. The three FIR's lodged with the police were registered u/s120(B)/302 IPC read with Section 27 of the Arms Act. 6. Thereafter a second postmortem was conducted at Tinsukia Civil Hospital op 28.12.2011, pursuant to a case that was registered on the basis of three FIR's lodged by the family members of the three deceased on 25.12.2011. The three FIR's lodged with the police were registered u/s120(B)/302 IPC read with Section 27 of the Arms Act. 6. As stated in the writ petition, two Executive Magistrate Level enquiries were declared by both the Assam and Arunachal Pradesh Government separately. However, the petitioners are not aware of the outcome of such enquiry. 7. It is in the aforesaid fact and situation the petitioners have contended that their respective sons have been killed by the Army ruthlessly. The petitioners have also referred to the News Items published in the Newspapers and also in the Television Channels in support of their claim that the three deceased died because of Army atrocities. According to them, the deceased have been killed by the Army without any crime or reason and also without any provocation. It has been contended that the three deceased were not involved in any anti social activities and were engaged in their respective business/works till they were killed by the Army personnel. The plea of the petitioners is that such killing of their sons by the Army has resulted in violation of Article 21 and 22(5) of the Constitution of India including constitution of an offence u/s 302 IPC. 8. With the narration of the aforesaid facts and contentions, the prayer of the petitioners is to direct the respondents to institute a Judicial Enquiry into the killings of their three sons by the Indian Army. Further prayer made in the writ petition is to direct the respondents to pay adequate compensation/exemplary cost to the family members of the deceased. 9. In the counter affidavit filed by the respondents the aforesaid facts stated in the writ petition have been denied. The State Government in the Home Department in its affidavit filed on 18.04.2012 has stated that during investigation of the case, the petitioners failed to produce any witness before the Investigating Officer in support of allegations made in the writ petition. It has also been stated that the Call details report and tower locations of the three deceased do not corroborate with the allegations made in the writ petition. It has also been stated that the Call details report and tower locations of the three deceased do not corroborate with the allegations made in the writ petition. It has also been denied that any phone call was made to police station as alleged in the writ petition. Referring to the three FIRs lodged by the petitioners pursuant to which Makum P.S. Case No. 210/2011 has been registered u/s 120(B)/302/34 IPC r/w section 27 of Arms Act; Makum P.S. Case No. 211/2011 registered u/s 120(B)/302/34 IPC r/w section 27 of Arms Act and Makum P.S. Case No. 212/2011 registered u/s 365/326/302/120(B)/34 IPC r/w section 27 of Arms Act, it has been stated that investigation was carried out and the inquest of the dead bodies of the deceased were held by the Executive Magistrate. It has also been stated that postmortem was video recorded. 10. The affidavit further states that the deceased Siba Moran was earlier arrested in connection with Kakopathar P.S. Case No. 62/2009 u/s 365/384 IPC with further addition of Section 302/201 IPC; Section 120(B) IPC and Section 10/13 of UA(P) Act. It has also been stated that the involvement of late Janak Moran was mentioned in the statement of one of the arrested accused Sri Nipen Duara @ Khitang in connection with Tinsukia P.s. Case No. 785/2011 u/s 387 IPC r/w section 10/13 UA(P) Act. 11. In the counter affidavit filed on behalf of Union of India and the Army, the facts stated in the writ petition have been completely denied. It has been stated that the Army was operating in Namsai Sub Division of Arunachal Pradesh and carrying out counter insurgency against insurgent groups prevailing in the North East i.e. ULFA, NDFB, NSCN, MAOIST etc and the Central Government in exercise of the powers conferred by Section 3 of the Armed Forces Conferred (Special Powers) Act 1958, declared the entire State of Assam and 20 K.M. wide belt in the State of Arunachal Pradesh and Meghalaya purporting Assam as a disturbed area w.e.f. 27.11.1990 vide notification of the same date. 12. Narrating the particular incident it has been stated that on 25.12.2011, information was received from special bureau, Arunachal Pradesh regarding extortion and likely attempt to kidnap for ransom by suspected ULFA cadres in Namsai Deobil Area. 12. Narrating the particular incident it has been stated that on 25.12.2011, information was received from special bureau, Arunachal Pradesh regarding extortion and likely attempt to kidnap for ransom by suspected ULFA cadres in Namsai Deobil Area. A joint operation of Army and Arunachal Pradesh police personnel from Namsai was launched from 1700 hrs on 25.12.2011 in Namsai Deobil Area. At about 2215 hrs, a motor cycle approached the check point at Noadihing Bridge moving from Namsai side towards Mahadevpur with three persons on a motor cycle. When the search party attempted to stop the motor cycle, the three deceased did not obey the signal and stop, rather accelerated the speed. Another attempt was made by the search group of the Army personnel deployed 50 meters away by signaling with torches. However, on that occasion also they did not obey the signal rather, turned to the left edge of the road and one of the motor cyclists fired upon the search party. On being fired upon, the search party immediately retaliated in self defence and returned fire with burst of AK 47 rifle, resulting in neutralizing all the motor cyclists. All three suffered gun shot wounds and died on the spot. The incident was immediately reported to higher authorities including the Headquarters and simultaneously information was passed to OC Namsai Police Station, who on receipt of the information arrived at the incident site and carried spot inspection of the bodies. 13. According to this affidavit on a detail search of the bodies and the motor cycle, the following items were recovered:- "(a) 9mm Pistol (01) (b) 9mm Pistol Magazine (01) (c) 9mm Pistol rounds (07) (d) 22 Pistols (01) (e) 22 Pistol Rounds (08) (f) 22 Pistol fired Case (01) (g) 22 Pistol Magazine (01) (h) Chinese Grenade (01) (i) Six blank extortion notes of ULFA signed by Jibon Moran (j) Three Mobile Phones (Details Being ascertained by police) (k) One wallet containing three bank deposit slips of BI, Makum in the name of Mr. Dhiraj Duarah of Rs. 10,000/- deposited in November, 2010; Rs. 11,000/- deposited in December, 2010 and Rs. 4,000/- deposited in July, 2011. Furthermore an amount of Rs. 135 was also received in cash. (l) Two driving licenses in the name of Siva Kumar Moran (m) Letter written to Siva Kumar Moran by his father requesting to return home and stop the activities." 14. 10,000/- deposited in November, 2010; Rs. 11,000/- deposited in December, 2010 and Rs. 4,000/- deposited in July, 2011. Furthermore an amount of Rs. 135 was also received in cash. (l) Two driving licenses in the name of Siva Kumar Moran (m) Letter written to Siva Kumar Moran by his father requesting to return home and stop the activities." 14. As stated in the affidavit, the three individuals were later on identified as the three deceased named in the writ petition. Seizure of the dead bodies was taken on the spot by Namsai police station, Arunachal Pradesh police and subsequently the bodies were removed by the police. Postmortem was carried out in police arrangement at Namsai and thereafter the bodies were handed over to the respective family members on 26.12.2011 at 1630 hours. FIR No. 76 dated 26.12.2011 was registered by the police. 15. The respondents have further contended in their counter affidavit that prior to the joint operation carried out by the Army and the police, information had been gathered that Siba was involved in kidnapping, extortion and murder of one Mr. Prabhu Chaudhury, a businessman from Kakopathar. He was an accomplice of Dhilon Duwara of ULFA. In this respect a case had been registered in Kakopathar PS Case No. 62/2009. According to the respondents, the statement of Siba in respect of the said case furnished ample evidence regarding his criminal background, known ULFA linkages and possession of illegal weapons/pistol. It has also been alleged that a letter had been recovered from Siva, which was written by his family members requesting him to return home and stop illegal activities. The affidavit further states that the Namsai police station had recorded the statement of Khhitong Duwara u/s 161 Cr.P.C. in connection with Namsai PS Case No. 76/2011 u/s 307/341 IPC r/w section 25/27 of the Arms Act and Section 10/13 of UA(P) Act. The statement that was recorded referred to Janak Moran about his link with ULFA. Referring to the intelligence inputs received by the Army in the month of December, 2011 and the particular incident, it has been stated thus:- "That with regard to the statements made in para 11 of the petition your deponent would like to state that various intelligence inputs in the month of December, 2011 were received, which suggested that Namsai, Deobil, mahadevpur, Kumari Kachari, Kumari Khamti, Sengabil areas are being frequented by ULFA cadres. Input from SSP Lohit provided information regarding ULFA cadre Rongtnon Gogoi frequenting Kumari Kachari, Kumari Khamti, Sengabeel rea under Madevpur, bordering Assam's Kailashpur and Talapathar area and that they are likely to abduct businessman and contractors of this area for ransom. Various intelligence inputs received by the SB, Arunachal Pradesh Police also goes on to corroborate the said fact. Input specified that the terrorist are likely to move on a red motorcycle and will attempt the kidnapping/extortion in Namsai Market/Namsai General area on 25/12/2011. A joint operation by Army and Arunachal Pradesh Police personnel from Namsai Police Station was launched w.e.f 1700 hr. on 25th December, 2011 in namsai Deobeel Area to include ambushes and check points at likely places of terrorist movements, like Jengthu Bridge, Noadihing bridge, Kola ghat and Silatoo ghat to check the movement of person and vehicles. At about 2215 hr. a motorcycle approached the check point at Noadihing Bridge, moving from Namsai side towards Madevpur with three person on the motorcycle. When the search party attempted to stop the motorcycle, the motorcyclist did not stop, instead accelerated the speed. Another attempt was made by the search group of army personnel deployed 50 mtrs away, by signaling with torches, thereby indicating to stop the motorcycle. At that point of time the motorcyclist turned to the left edge of the road and one of the motorcyclist fired upon the search party. On being fired upon the search party. On being fired upon the search party immediately retailed in self defence and returned the fire with burst of AK 47 rifle, resulting in neutralizing all the three motorcyclists. All three suffered gunshot wounds and died on the spot. No physical contact, with the deceased person was established by the Army troops deployed on mobile check post." 16. Referring to the purported involvement of Siba and Janak in illegal activities, it has been stated thus:- "That the statements made in para 20 of the petition are incorrect and hence denied. It is denied that the deceased did not have any criminal background whatsoever. In this respect your deponent begs to state that the previous criminal record as has been annexed in this affidavit along with the materials available from the deceased goes on to substantiate the fact beyond any doubt that they are involved with antisocial activities. It is denied that the deceased did not have any criminal background whatsoever. In this respect your deponent begs to state that the previous criminal record as has been annexed in this affidavit along with the materials available from the deceased goes on to substantiate the fact beyond any doubt that they are involved with antisocial activities. In this respect your deponent would like to place on record the details of the criminal activities of the deceased as hereunder:- (a) Shiva Moran. (i) Involved in kidnapping, extortion and murder of Mr. Prabhu Chaudhury a businessman from Kakopathar. He was an accomplice of Dhilon Duwara of ULFA. A case has been registered in Kakopathar Police Station No. 62/09. (Annexure-A series). (ii) The 161 statement of Shiva Moran related to the aforesaid case gives ample evidence regarding his criminal background, known ULFA linkages and possession of illegal weapon/pistol. (Annexure-A series). (iii) Letter recovered from Shiva Moran, written by his family members requesting to return home and stop illegal activities, substantiate the fact that Shive Moran was involved in illegal activities. (Annexure-B). (iv) Statement of Mr. Pitukon Chutia arrested in kidnapping, extortion and murder of Mr. Prabhu Chaudhury, a businessman from Kakopathar, also confirms the same. (Annexure-A series). (b) Janak Moran: The police station, Namsai recorded statement of Kitong Duwara u/s 161Cr.P.C. in Namsai PS Case No. 76/2011, charged u/s 307/341 PC read with Sec. 25/27 of the Arms Act, Section 10/13 UA(P) Act on 18/01/2012 in which he states that Janak Moran had links with ULFA. His name had figured in the interrogation of ceasefire group of ULFA cadre Khitong Duwara. (Annexure-C)." 17. During the hearing of this case, it was felt necessary to get the matter enquired into by the learned District and Sessions Judge, Tinsukia and accordingly vide order dated 05.06.2012, direction was issued to the learned District and Sessions Judge, Tinsukia to conduct the enquiry. It was also provided that in the event of requiring any assistance from the District Judge, Lohit District, Arunachal Pradesh, he would be entitled to do so. Pursuant to the said direction, the learned District and Sessions Judge, Tinsukia has conducted the enquiry and the report thereof has been forwarded vide letter dated 27.02.2013. As per the findings of the report, the Army personnel killed the three persons by firing at them indiscriminately. Pursuant to the said direction, the learned District and Sessions Judge, Tinsukia has conducted the enquiry and the report thereof has been forwarded vide letter dated 27.02.2013. As per the findings of the report, the Army personnel killed the three persons by firing at them indiscriminately. As per the said findings, killings of the deceased were not in self defence. On receipt of the said report, the contesting parties were furnished with the copies thereof. While the petitioners have heavily placed reliance on the said report so as to contend that their allegations in the writ petition stand wholly sustained. The respondents in their affidavit against the said report have contended that the findings recorded in the report being not based on record and evidence is liable to be rejected. 18. I have heard Mr. A.C. Borbora, learned senior counsel assisted by Mr. M. Smith, learned counsel for the petitioners and also heard Mr. S. Baruah learned CGC appearing for the Union of India and the Army respondents. Mr. Borbora, in course of his argument submitted that even assuming but not admitting that the three deceased were involved in anti social activities that did not give any license to the Army to kill them without any trial. Referring to the decisions reported in AIR 1984 SC 571 Sebastian M. Hongray Vs. Union of India; (1994) 2 GLR 359 Robindra Nath Chetia & Anr. Vs. Union of India & Ors. and 1998 (2) SCC 109 Naga Peoples Movement of Human Rights Vs. Union of India, he submitted that irrespective of any purported involvement of the deceased in any anti social activities or they being members of militant organization, should not have been deprived of life and liberty as envisaged under Article 19 and 21 of the Constitution of India Referring to the enquiry report of the learned District and Sessions Judge, Tinsukia, he submitted that the said report having been furnished on the basis of a fact finding enquiry, there cannot be any manner of doubt that the three deceased were killed by the Army in cold blood in the name of counter insurgency and consequently the consequence thereof must follow as has been prayed for in the writ petition. 19. Countering the above argument, Mr. S. Baruah, learned counsel CGC in his persuasive pursuits submits that the incident itself would speak the truth. 19. Countering the above argument, Mr. S. Baruah, learned counsel CGC in his persuasive pursuits submits that the incident itself would speak the truth. He submitted that having regard to the past and history and back ground of the deceased, coupled with the fact that disobey of signal of the Army personnel and also opened fire on them justified Army retaliation. He submitted that if in the process they got injured and eventually died, the same cannot be said to be a case of fake encounter so as to claim the reliefs prayed for in the writ petition. 20. I have given my anxious consideration to the submissions made by the learned counsel for the parties and have also perused the entire materials on record. The basic question of fact which required consideration of this Court is as to whether on the fateful day the three deceased not only disobeyed the signals of the Army personnel by not stopping the motor cycle they were riding but also opened fire at the Army personnel requiring retaliation on their part as a consequence of which all three of them died on the spot. While it is the case of the petitioners that even assuming that the deceased had been proceeding towards a particular direction riding on a motor cycle and the Army personnel wanted to stop them and they refused to obey the signal of the Army, the same could not have justified the Army personnel to kill them on the spot, the stand of the respondents is that they had to resort to fire in self defence when one of the motor cyclists opened fire on the Army personnel. It is in such circumstances this Court was inclined to order for a fact finding enquiry by the learned District and the Sessions Judge, Tinsukia. 21. In the report of the learned District and Sessions Judge, Tinsukia, entire facts have been narrated. During enquiry she recorded statements of 18 witnesses including the doctors who conducted autopsy on the dead bodies at Namsai and Tinsukia. She also collected inquest report of all the three deceased and postmortem examination report while conducting the fact finding enquiry and to arrive at a finding thereof, she formulated the following points for determination:- (i) Whether the three deceased persons were injured by the Army personnel before being shot down? She also collected inquest report of all the three deceased and postmortem examination report while conducting the fact finding enquiry and to arrive at a finding thereof, she formulated the following points for determination:- (i) Whether the three deceased persons were injured by the Army personnel before being shot down? (ii) Whether the Army personnel in their self defence made out false story of encounter, as alleged by the Writ Petitioners? 22. As recorded in the enquiry report on the basis of the postmortem examination of all the three deceased at Civil Hospital Tinsukia on 28.12.2011, following injuries were found:- On Siva Moran: 1. Entry wound over right cheek near upper lip, 1 x 1 c.m. size, oval shape, inverted margins, contusion and abrasion collar present, piercing the cheek, fracture of right maxilla, lost of upper four incisor teeth, fractured symphisis manti, exits through as wound over left chin with inverted margin's of irregular shapes (oval), 5 c.m. x 2 c.m. 2. Entry wound left priauricular region, oval shape, inverted margins, 2 x 1 c.m. in size, injuring the left temporal muscle exits through the wound over left forehead, with inverted margins, oval shape, 4 x 2 c.m. in size, the left frontal bone was abraded by the object. 3. Entry wound, right preauricular region, 1 x 1 c.m. in size, round shape, inverted margins. Contusion and abrasion in collar present, penetrating the skin, the head of the mandible exposed and fractured. One bullet was seen embedded in the external ear canal of left side. 4. Entry wound left anterior shoulder, 1 x 1 c.m., round shape, inverted margins, contusion and abrasion collar present, piercing the skin and subcutaneous tissue - exits through wound over left chest near left nipple, oval shape, 3 x 3 c.m. with inverted margins. 5. Entry wound on right shoulder, 1 x 1 c.m., round shape, inverted margins, piercing the skin, shoulder joint passing downward and exits through right axilla with inverted margins, 5 x 3 c.m., oval shape. 6. Entry wound on lateral aspect of right arm, 1 x 1 c.m., round shape, inverted margins, contusion and abrasion collar present, piercing the skin, subcutaneous tissue and exits through a wound with inverted margins, oval shape, 3 x 2 c.m. 7. 6. Entry wound on lateral aspect of right arm, 1 x 1 c.m., round shape, inverted margins, contusion and abrasion collar present, piercing the skin, subcutaneous tissue and exits through a wound with inverted margins, oval shape, 3 x 2 c.m. 7. Right thigh literal aspect an entry wound 1 x 1 c.m. of size, oval shape, inverted margins, contusion and abrasion collar present, piercing the skin, and anterior thigh muscles, exits through a wound over medical aspect of lower thigh with inverted margins and oval shape, 4 x 4 c.m. in size. 8. Entry wound over right upper back near midline, 1 x 1 c.m., oval shape, inverted margins, contusion and abrasion collar present, piercing the skin, and intercostals muscles. A bullet was found below the 4th rib of right side, embedded in the intercostals muscles. As per his opinion, the death was due to shock and hemorrhage resulting from distant rifled firearm injury,, sustained as described. All the injuries were antemortem and homicidal in nature. Approximate time since death was more than 72 hours. On Janak Moran: 1. Lacerated injury over scalp, 3 x 1 c.m. x bone deep. 2. Pre-stitched wound over the forehead, 5 x 1 c.m. x bone deep. (Postmortem wound) 3. Entry wound - Mid chest-oval shape, 1 x 1 c.m. in size with inverted margins, contusion and abrasion collar present, penetrated the chest wall, fracture on left 5th rib at eostochondrol junction, penetrated the pericardium. A bullet was found embedded in the right ventricular wall. A bullet was found embedded in the right ventricular wall. The heart was found empty. 4. Entry wound-medial aspect of the right thigh, 1 x 1 c.m. in size, oval shape with inverted margins, abrasion and contusion collar present, penetrates the thigh muscles, fracture of right femur into multiple pieces, tearing the anterior thigh muscles, exits through a wound - round shape with inverted margins of size 3 x 3 c.m. 5. Entry wound on left lateral aspect of the upper thigh, 1 x 1 c.m., oval shape with inverted margins, abrasion and contusion collar present, penetrated the lateral thigh muscles, anterior thigh muscles, exits through the wound over medial aspect of the lower thigh, 3 x 2 c.m., oval shape with inverted margins. 6. Entry wound on left lateral aspect of the upper thigh, 1 x 1 c.m., oval shape with inverted margins, abrasion and contusion collar present, penetrated the lateral thigh muscles, anterior thigh muscles, exits through the wound over medial aspect of the lower thigh, 3 x 2 c.m., oval shape with inverted margins. 6. Entry wound over right posterior leg at lower third, oval shape, 1 x 1 c.m. with inverted margins, abrasion and contusion collar present, penetrated the skin, going downwards. There was injury to the medial malleus of right leg and exits through a wound, 3 x 2 c.m., oval shape with inverted margins. As per his opinion, the death was due to shock and hemorrhage resulting from distant rifled firearm injury, sustained as described. All the injuries were antemortem and homicidal in nature. Approximate time since death was more than 72 hours. On Dhiraj Duwarah: 1. Entry wound over right upper chest 2 c.m. from the midline at 3rd rib level, oval shape, 1 x 1 c.m. with inverted margins, abrasion and contusion collar present, penetrated the chest wall and pleura, pericardium, right ventricle wall, diaphragm of left side, rupturing the large intestine, making a tract units through a wound over the left lower abdominal wall with inverted margins, round in shape, measuring 4 x 4 c.m. in size. 2. Entry wound over right upper chest 2 c.m. medial to the right nipple, oval shape, 1 x 1 c.m. of size, inverted margins, abrasion and contusion collar present, penetrating the chest wall, right lung, exits through a wound over the right upper back, round in shape, inverted margins 3 x 3 c.m. in size. 3. Entry wound over the root of the neck posterior aspect, oval in shape, 1 x 1 c.m., inverted margins, piercing the skin and subcutaneous tissue, exits through a wound over the neck 5 c.m. below the entry wound, oval in shape, inverted margins. 4. Entry wound on lower back 3 c.m. from the midline, round in shape, 1 x 1 c.m., inverted margins, contusion and abrasion collar present, penetrates the abdominal wall posteriorly piercing the peritoneum, ascending colon, diaphragm of left side, directed upwards and laterally and exits through a wound over the left lateral wall of the thorax, inverted margins, oval in shape of size 5 x 5 cm. 5. Abrasion on right posterior leg 1 x 2 cm. 6. 5. Abrasion on right posterior leg 1 x 2 cm. 6. Laceration of scalp, occipital region 3 x 1 c.m. bone deep. The thoracic cavity and abdominal cavity filled with clotted blood, approximately 300 ml. in thorax and 400 ml. in abdominal cavity. As per his opinion, the death was due to shock and hemorrhage resulting from distant rifled firearm injury, sustained as described. All the injuries were antemortem and homicidal in nature. Approximate time since death was more than 72 hours. 23. On the other hand, the statements of witness Nos. 15, 16 and 17, who had conducted the postmortem examination on the dead bodies of Janak, Dhiraj and Shiba at Namsai CHC on 26.12.2011, show that the following injuries were found:- Janak Moran: "1. One gunshot injury on the skull. Entry wound-right temporal region of size 2 x 2 and 1/2 c.m. and exit wound-left parietal region of size 4 x 5 cm. 2. Lacerated injury with full of blood clots around the brain surface. 3. Gunshot injury on right thigh. Entry wound of size 1 and 1/2 x 2 c.m. and exit wound of size 2 x 2 and 1/2 cm. 4. Gunshot injury on left upper thigh. Entry wound of size 2 x 2 and 1/2 c.m. and exit wound of size 2 x 2 and 1/2 cm. 5. Lacerated injury on right ankle joint." Dhiraj Duara: "1. Two gunshot injuries seen on the front of the chest. One entry wound seen on the left side of chest on the 4th intercostal space, 2 inch way from mid clavicular line, piercing the left lung and pleurae to exit on the intrascapular space on the back. 2. Second entry wound seen on the right side of chest on the 6th intercostals space, piercing through the upper lobe of the liver to exit on the intrascapular region on the right side of back. 3. One gunshot injury seen on the lumbar region on the left side which is the entry wound. The exit wound was seen on the left iliac region on the front with the small intestine and omentum protruding out." Siba Moran: "1. Mouth was macerated on the left side with blood was oozing out following bullet injury. 2. Bullet injuries at left temporal region, left shoulder and left side of chest. The exit wound was seen on the left iliac region on the front with the small intestine and omentum protruding out." Siba Moran: "1. Mouth was macerated on the left side with blood was oozing out following bullet injury. 2. Bullet injuries at left temporal region, left shoulder and left side of chest. Entry point of chest was 4 intercostals space and exit point was back on scapular area." In their respective opinions regarding cause of death, it was opined in respect of Janak Moran, the death was caused due to brain hemorrhage leading to cardio respiratory failure following the gunshot injuries. In respect of Dhiraj Duara, death was caused due to hemorrhage leading to cardio respiratory failure, following the gunshot injuries and the death of Siba Moran was caused due to multiple bullet injuries leading to massive hemorrhage causing cardio respiratory failure." 24. As regards the lacerated and fracture injuries seen by the relatives of the deceased, the learned District and Sessions Judge, in her report has stated thus:- "On a very careful scrutiny of the materials and photographs (Marked as 1 to 7) it is found that at the relevant time on the fateful night the trio were on one motorbike and the place of occurrence was a road under construction and full of stones including big stones (boulder). As stated by witness No. 18 Colonel H.S. Chouhan, who was the Commanding Officer of the Maratha Light Infantry, deployed at Namsai Sub-Division including the army patrolling troops at the place of occurrence, the three suspected rebels when asked to stop by the patrolling party, they tried to escape by opening fire. In retaliation, the army personnel also fired at them and the trio fell down on the road. Witness No. 14 during recording of his statement, comparing the lacerated and fractured injuries detected on the dead bodies with the photographs of the slain persons shown to him, opined that fall on the surface seen in the photographs can cause those injuries detected by him. Witness No. 14 during recording of his statement, comparing the lacerated and fractured injuries detected on the dead bodies with the photographs of the slain persons shown to him, opined that fall on the surface seen in the photographs can cause those injuries detected by him. Coupled with the medical opinion and considering the overall scenario appearing in the photographs and impact of fall from a running motorbike on the surface full of stones used in construction of the road, I am of the opinion that the lacerated and fractured injuries seen by the relatives of the deceased, may be caused by the impact of fall on the road from a running motorbike. Thus, the claim of Sri Lileswar Moran, Sri Debeswar Moran, Sri. Kepeswar Moran and Sri Tileswar Moran is found to be nothing but error of vision only." 25. Answering the point No. 2, the learned District and Sessions Judge found that only one of the three deceased had fired at the Army personnel. There were about 10/12 Army personnel on duty at the place of occurrence. As recorded in the enquiry report, no search on the dead bodies was conducted in presence of police. In this connection, the following significant observation has been made in the report:- "It is an admitted fact that in the incident no army personnel was injured. From the extract of above G.D. entry, it is found that only one of the trio used fire arm at the relevant time. As per statement of Colonel Chouhan, there was 10/12 Army persons on duty at the place of occurrence. It has already been observed that no search on the dead bodies was conducted in presence of police. But in the affidavit-in-opposition in para 3 at page 2 it is stated. The incident was immediately reported to higher headquarters and simultaneously information was passed to OC, Namsai Police Station, who arrived at the incident site and carried out spot inspection of the bodies.' Why the Army conducted search before arrival of the police and submitted affidavit before the Hon'ble high Court that the search was conducted by the OC, Namsai P.S.? Why the Army personnel were, in a, hurry? Where from they recovered the arms and ammunition? Why the Army personnel were, in a, hurry? Where from they recovered the arms and ammunition? If the arms and ammunition were found in the possession of the deceased persons on search, then one can presume that they were not using any firearm at the relevant time. Place/position of recovery of the firearm which was in use at the relevant time, if the version of the Army is accepted, is found to be very much essential to appreciate the claim of the Army personnel. That being so, the said firearm must be either in the hand of the deceased using the said arms or same was flung out of his hand and fell somewhere else in and around the place of occurrence. Furthermore, considering the overall scenario of the incident as recorded in the above-referred extract of the G.D. entry, statement of Colonel Chouhan, affidavit-in-opposition that the Army personnel were using torch light, coupled with the fact that all the three deceased Were on the motorbike and Army personnel were on road, that means the Army personnel were in safe position, I have no hesitation to hold that the Army personnel who were 10 to 12 number could have easily apprehended one or two of the trio, who were not using arms at the relevant time, alive." 26. As recorded in paragraph 25 of the report, 8 (eight) entry wounds were found on the dead body of Siba Moran, 6(six) on the dead body of Janak Moran and 4(four) on the dead body of Dhiraj Duara. Thus the question will necessarily arise as to whether infliction of such type of injuries by the Army personnel was the utmost necessity to stop the three deceased from proceeding further as they allegedly did not stop their motor cycle in spite of signal being raised. It is in this context Mr. Borbora, senior counsel for the petitioners submitted that the Army personnel could have easily stopped the motor cycle and if needed by taking recourse of firing only to injure the deceased. According to him, even assuming but not admitting that the deceased tried to flee from the scene ignoring the signal of the Army personnel, such conduct on their part could not have given any license to the Army personnel to kill them. 27. According to him, even assuming but not admitting that the deceased tried to flee from the scene ignoring the signal of the Army personnel, such conduct on their part could not have given any license to the Army personnel to kill them. 27. As noted in above quoted paragraph 24 of the report, the Army personnel were using torch light, coupled with the fact that all the three deceased were on the motor bike and the Army personnel were on road. They consisted of 10/12 numbers and thus could have easily apprehend at least one of the trio, if not all. It is the categorical finding in the fact finding enquiry that the trio were not using arms at the relevant time. 28. In Sebastian M. Hongray (Supra), the Apex Court observed that if on the basis of an investigation of facts alleged in a writ petition, the Court is satisfied with the findings thereof, it can issue appropriate direction. The Division Bench decision of this Court in Rabindra Nath Chetia (supra) has been referred to so as to bring home the point of argument that on the basis of the fact finding enquiry conducted by the learned District and Sessions Judge, appropriate direction including payment of compensation can be issued. In the said case, on the basis of the fact finding inquiry report of the learned Assistant District and Sessions Judge while not ordering for any further judicial enquiry in view of expiry of three orders from the date of incident compensation of Rs. 60,000/- (Rupees sixty thousand) was awarded to the mother of the deceased. 29. In Naga People's Movement of Human Rights (Supra), referring to the provisions of Armed Forces (Special Powers) Act 1958, the Apex Court referring to the instructions in the form of a list of "DOS and DON'TS" issued by the Army Headquarters from time to time held that the said instructions must be followed while acting under the Armed Forces (Special Powers) Act, 1958. For a ready reference, the list of "DOS and DON'T'S" as enumerated in paragraph 43 and 54 of the judgment is reproduce below:- "43. For a ready reference, the list of "DOS and DON'T'S" as enumerated in paragraph 43 and 54 of the judgment is reproduce below:- "43. The provisions of Section 4, in general, have been assailed by the learned counsel for the petitioners on the ground that the said powers can also be exercised by a Noncommissioned Officer who is much inferior in rank and that as a result of the conferment of these powers on a junior officer, there is likelihood of the powers being misused and abused. The learned Attorney General has, however, pointed out that an infantry battalion in the area is required to cover large areas wherein it is deployed on grid pattern with special reference to sensitivity of certain areas and important installations/vital points. The deployment is either in sections or platoons which are commanded by Commissioned Officers and Junior Commissioned Officers respectively. Any operation in a counter-insurgency environment is normally under a Commissioned Officer/Junior Commissioned Officer, depending on the nature of the operation. However, during an operation the group is required to be further sub-divided into teams which are commanded by Non-commissioned Officers. As regards Noncommissioned Officers it has been pointed out that a jawan is promoted to the rank of Naik after approximately 8 to 10 years of service and to the rank of Havilddar after 12 to 15 years of service and that a Non-Commissioned Officer exercising powers under Section 4 is a mature person with adequate experience and is reasonably well versed with the legal provisions. This aspect of the case has been considered by the Delhi High Court in the judgment under appeal in Civil Appeals Nos. 721-24 of 1985 (reported in Inderjit Brua v. State of Assam) wherein it has been observed: The argument is based on unawareness of the rank and responsibilities of officers like Havildars. In Army set-up or set-ups following the army pattern Havildar is not such a junior official or such an irresponsible officer as Mr. Salve apprehends. The usual organizational setup is that three or more Battalions constitute a Regiment. Three or more companies constitute a Battalion. Each Company is commanded by a Commissioned Officer or an officer of an equivalent rank. The company itself is divided into Platoons, each Platoon is again commanded by a Commissioned Officer or an officer of equivalent rank. Each Platoon is divided into three sections. Three or more companies constitute a Battalion. Each Company is commanded by a Commissioned Officer or an officer of an equivalent rank. The company itself is divided into Platoons, each Platoon is again commanded by a Commissioned Officer or an officer of equivalent rank. Each Platoon is divided into three sections. The Section Commanders are usually Naiks. The Non-Commissioned Officer-in-charge of the Platoon or a section of the Platoon is a Havildar. He is the direct link between the Commissioned Officer and the Jawans as well as Section Commanders. A Jawan first becomes a Lance Naik, then a Naik and thereafter a Havildar. The classes of ranks, apart from the Commissioned Officers or officers of equivalent rank, are Subedar Major, Subedar, Jamadar, Havildar Major, Havildar/Dafedar, Naik and Lance Naik and a soldier. In the hierarchy, therefore, a Havildar is fairly high and certainly holds a very responsible position. When troops or forces are deployed the sections or the patrols are by and large commanded by Havildars. That is why the Havildars are treated as and recognized as Non-Commissioned Officers. The three categories of officers generally are Commissioned Officers, Junior Commissioned Officers and Non-Commissioned Officers. Havildars are Non-Commissioned Officers. 54. The instructions in the List of "Dos and Don'ts" which must be followed while providing aid to the civil authority are as under: List of Dos and Don'ts while providing aid to civil authority:- "DOS 1. Act in closest possible communication with civil authorities throughout. 2. Maintain inter-communication if possible by telephone/radio. 3. Get the permission/requisition from the Magistrate when present. 4. Use the little force and do as little injury to person and property as may be consistent with attainment of objective in view. 5. In case you decide to open fire: (a) Give warning in local language that fire will be effective. (b) Attract attention before firing by bugle or other means. (c) Distribute your men in fire units with specified Commanders. (d) Control fire by issuing personal orders. (e) Note number of rounds fired. (f) Aim at the front of crowd actually rioting or inciting to riot or at conspicuous ringleaders, i.e. do not fire into the thick or the crowd at the back. (g) Aim low and shoot for effect. (h) Keep Light Machine Gun and Medium Gun in reserve. (i) Cease firing immediately once the object has been attained. (j) Take immediate steps to secure wounded. (g) Aim low and shoot for effect. (h) Keep Light Machine Gun and Medium Gun in reserve. (i) Cease firing immediately once the object has been attained. (j) Take immediate steps to secure wounded. 6. Maintain cordial relations with civilian authorities and paramilitary forces. 7. Ensure high standard of discipline. DONTS 8. Do not use excessive force. 9. Do not get involved in hand to hand struggle with the mob. 10. Do not ill-treat anyone, in particular, women and children. 11. No harassment of civilians. 12. No torture. 13. No communal bias while dealing with civilians. 14. No meddling in civilian administration affairs. 15. No Military disgrace by loss/surrender of Weapons. 16. Do not accept presents, donations and rewards. 17. Avoid indiscriminate firing." 30. On perusal of the above list, it is found that as per own instruction of the Army Headquarters issued from time to time, extreme precaution is required to be taken to avoid any unnecessary harassment to the suspected person. This list has been referred to by the learned counsel for the petitioners so as to contend that for the simple, act of stopping a motor cycle of which the three deceased were riders, the Army personnel could have resorted to numerous other actions but not to kill them by using AK 47 rifles. On the other hand, Mr. Baruah, learned CGC tried to justify the said action on the part of the Army personnel in reference to the back ground activities of the three deceased and their alleged conduct in not responding to the Army signal while trying to flee from the site. 31. Even if it is held that the three deceased were members of the extremist organization and were also involved in anti social activities, but for their particular act of trying to flee from the place of occurrence by not stopping the motor cycle, in my considered opinion could not have led to indiscriminate firing killing all of them on the spot. This aspect of the matter has been elaborately dealt with by the learned District and Sessions Judge , Tinsukia in her fact finding enquiry report with the following categorical findings:- "Totality of the conduct of the Army personnel and nature of indiscriminate bullet injuries sustained by the deceased, it is found more than clear that Army personnel with clear intention to kill the three persons fired at them indiscriminately. Such killings in my view cannot be said to be in self defence." 32. Above being the position, I am of the considered opinion that the respective families of the deceased, represented by the petitioners are entitled to compensation in Public Law Remedy. Considering the entire facts and circumstances, I quantify the same at Rs. 3,00,000/- (Rupees three lacs only) for each one of the deceased and shall be paid to their respective family headed by the petitioners. Let the payments be made as expeditiously as possible, but at any rate not later than 15.01.2014 along with Rs. 30,000/- (Rupees thirty thousand) as cost of this proceeding quantified at Rs. 10,000/- for each one of the petitioners (total Rs. 30,000/-) which shall also be paid to the petitioners on or before the said date. 33. This now leads us to the further prayer made in the writ petition for causing a judicial enquiry and fixing responsibility on the Army personnel. Neither, in the writ petition nor in the enquiry report anything has been pointed out against any individual Army personnel attributing any particular conduct responsible for the death of the three deceased. As has been held by the Apex Court in Union of India Vs. J. Ahmed, reported in 1979 (2) SCC 286 : "it is, however difficult to believe that lack of efficiency, or attainment of highest standards in discharge of duty attached to public office would ipso facto constitute misconduct." 34. In the instant case also, there could be negligence in performance of duty and a lapse in performance of duty or error of judgment in evaluating the developing situation, may be negligence in discharge of duty but may not constitute culpability more particularly when consequence are not directly attributable to anyone of the Army personnel who were deployed at the site. 35. Considering all the relevant aspects of the matter, I am not inclined to order for further investigation/enquiry into the matter. The writ petition is answered in the above manner. The amount of compensation shall be borne by the respondent No. 1 and the Army Headquarter. Petition allowed.