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2018 DIGILAW 16 (MAN)

LAISHRAM (O) CHAOBA DEVI v. STATE OF MANIPUR

2018-05-08

KH.NOBIN SINGH, N.KOTISWAR SINGH

body2018
JUDGMENT AND ORDER : N. KOTISWAR SINGH, J. 1. Heard Mr. Th. Ranjit, learned counsel for the petitioner as well as Mr. R.S Reisang, learned senior GA for the State. 2. The present petition has been filed by the wife of the deceased namely, L. Ibobi Singh who was allegedly killed by the State Police Commandos in an alleged fake encounter on 22-01-2008 at about 8:30 p.m at Tera Sadokpam Leikai, Imphal. 3. The petitioner contended that her husband was earlier working as a salesman at a shop in Nagamapal, Imphal called, "Deepak Store" in 1995. Due to his sincerity, honesty and hard work, the owner of the said shop made her husband as a Manager and also entrusted him the job of collecting dues from the nearby retailer shops and bakeries who took ingredients on credit from the shop for which job, a Honda Activa scooter was also given to him. He was also an active member of the "All Manipur Shops and Establishment Association". According to the petitioner, on the fateful day on 22-01-2008 at about 2:30 p.m., L. Ibobi Singh left his rented home for Imphal market with a sum of Rs. 57,000/- for purchasing raw gold in the said Honda Activa scooter. However, the petitioner's husband did not come back till late in the evening and was anxious about his whereabouts and his mobile phone was also found to be switched off. To her shock, at about 10:15 p.m. of the night, she was informed by one of her relatives that there was a news telecast in the local news channel (ISTV) that L. Ibobi Singh was shot dead by Police Commandos of Imphal West Police at Tera Sadokpam Leikai. Immediately, on hearing the said news, one of the brothers-in-law of the petitioner went to the spot and identified the dead body as that of her husband and that he was shot dead with 18 bullets. 4. According to the petitioner, a gold chain and three gold rings worn by her husband and the amount of Rs. 57,000/- were found missing along with two hand sets of mobile phones. It was also alleged that, the police were firing from the back side but the alleged pillion rider never sustained any bullet injury. 5. 4. According to the petitioner, a gold chain and three gold rings worn by her husband and the amount of Rs. 57,000/- were found missing along with two hand sets of mobile phones. It was also alleged that, the police were firing from the back side but the alleged pillion rider never sustained any bullet injury. 5. According to the petitioner, information was received from the local people that, just before the gunshots were fired, they heard a man shouting "I am a married man and had three children, please save me, please save me" and soon after the gun shots were heard and when the local people came out of their houses and rushed to the spot, they found the dead body of L. Ibobi Singh. It has been stated that L. Ibobi Singh is survived by his wife, the petitioner herein, and three children, two sons and one daughter and they were dependent on the income of L. Ibobi Singh. 6. In connection with the aforesaid incident, an FIR was registered being FIR No. 12(1) 08 L.P.S under section 307 I.P.C & 25 (1-C) Arms Act. 7. Alleging that the aforesaid killing of the petitioner's husband was a staged encounter by the police, the petitioner has filed this petition seeking for holding a judicial enquiry, punishment of the erring police commandos and also an award for compensation of Rs. 30 lakhs. 8. The State respondents have denied the allegations made by the petitioner by filing their affidavits-in-opposition. 9. It was claimed by the police that the petitioner's husband was driving the Honda Activa with a pillion rider and refused to stop when instructed by the police, and instead threw a hand grenade. In the retaliation, the police shot dead her husband, L. Ibobi Singh but the other non-existent pillion rider escaped in the dark. It was also alleged that he was a member of the banned organisation, Prepak and he was involved in extortion, threats, kidnapping for ransom etc. 10. Considering the dispute relating to the circumstances in which the petitioner's husband was killed, this Court had passed an order on 26-08-2015 directing the learned District& Sessions Judge, Imphal West to conduct an enquiry and submit a report within six months. 11. 10. Considering the dispute relating to the circumstances in which the petitioner's husband was killed, this Court had passed an order on 26-08-2015 directing the learned District& Sessions Judge, Imphal West to conduct an enquiry and submit a report within six months. 11. In terms of the aforesaid order of this Court, the concerned District Judge, Imphal West conducted the enquiry and submitted there port dated 22-02-2017, a copy of which have been furnished to the learned counsel for all the parties. 12. In course of the enquiry, the enquiring Court framed the following issues: "4. This Court has framed the following issues: Issues 1. Whether (L) Laishram Ibobi Singh was killed in a fake encounter by the Manipur Police Commandos on 22-07-2008 at Tera Sadokpam Village, Imphal at around 7 p.m or not? 2. Whether (L) Laishram Ibobi Singh was killed in retaliation with firing by the Manipur Police Commando on 22-07-2008 at Tera Sadokpam Village while the Pillion rider of a Honda Activa threw a grenade on chasing towards them or not? 3. What are the facts and circumstances leading to the death of Laishram Ibobi Singh on 22-07- 2008 at Tera Sadokpam Village?" 13. In her support, the petitioner examined as many as 7 (seven) witnesses and 8 (eight) documents were exhibited. 14. The respondents in support of their contentions examined as many as 4 (four) witnesses. 15. The learned District Judge, Imphal West, on the basis of the evidences on record as regards the issues no. 1, 2 & 3, came to the conclusion that the husband of petitioner was killed in a cold blooded manner by the personnel of the Manipur Police Commando, Imphal West led by Oinam Kishore at about 7:18 p.m. at Tera Sadokpam Leikai and not by exchange of firing or retaliation or encounter between the husband of the petitioner and personnel of Manipur Police Commandos, Imphal West. 16. As regards one of the issues which cropped up in course of the enquiry as to whether the deceased husband of the petitioner was a member of the unlawful organisation (Prepak), the learned District Judge came to the conclusion that, on the basis of the materials brought before the Court, there is no evidence to establish that the deceased was a trained activist of "Prepak" as alleged by the police. 17. 17. We have gone through the materials on records, statements of the witnesses examined and evidences produced. 18. The fact that the death of the petitioner's husband was caused due to gunshot injuries has been amply established by the post mortem report. Thus, the fact that the petitioner's husband died due to gunshot injuries can be said to have been established. The doctor who conducted the post mortem on the dead body of the petitioner's husband was examined. The only issue which remains to be ascertained was the circumstances in which the petitioner's husband was shot dead. Learned District Judge, Imphal West has come to the conclusion on the basis of the evidence on record that no fake encounter had taken place and the deceased was shot dead by the police personnel. 19. After having perused the materials on record, we are of the view that the findings and conclusion arrived at by the learned District Judge, Imphal West are based on cogent material evidences and we do not find any reason to disagree with the findings arrived at by the learned District Judge, Imphal West. However, as regards the finding that there is no evidence to establish that the deceased was a train activist of "Prepak", we do not wish to adjudicate the same in this proceeding as the Police has also produced a witness, the employer of the deceased who stated that he was also threatened by the deceased stating that he was a member of "Prepak". This is an issue which would require further enquiry to determine whether the deceased was a member of the Prepak or not, which we refrain to do in this proceeding. 20. However, as regards the immediate cause and circumstances of the death of the petitioner's husband, we also hold that the petitioner's husband was killed by the police personnel on 22-01-2008 at about 7:18 p.m. at Tera Sadokpam Leikai and no encounter had taken place between the husband of the petitioner and the personnel of the Manipur Police Commando, Imphal West at that time. 21. Considering the above materials on record, we are of the view that it would meet the ends of justice if a sum of Rs. 21. Considering the above materials on record, we are of the view that it would meet the ends of justice if a sum of Rs. 7 lakhs is awarded to the petitioner on account of the death of her husband by the State police, which would be paid to her within a period of four months from today. 22. We also direct that, since the petitioner's husband had left behind three minor children, the petitioner would prepare a financial scheme/plan before she is allowed to withdraw the aforesaid amount of Rs. 7 lakhs. The aforesaid amount may be deposited to the account of the Registry of this Court and the petitioner will be allowed to withdraw the said amount on being duly identified by her counsel and on submission of the financial scheme/plan. 23. With the above observations and directions, the present petition stands disposed of.