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Andhra Pradesh High Court
Judges : C.V.N.SASTRY, LINGARAJA RATH
P.Narayana Swami, Trade unionist, Manabubnagar - Appellant
Versus
S.I.of Police, Adilabad police Station - Respondent
Decided On : 08-27-96
CRIMINAL LAW - ENCOUNTER DEATH - INVESTIGATION - INDEPENDENT AGENCY - REGISTRATION OF CASE - SECTION 154 OF THE CODE OF CRIMINAL PROCEDURE, 1973.
Fact of the Case:
The petitioner alleged that Sammireddy A. Srikanth was kidnapped by the police and was still in their custody. The police, however, claimed that Sammireddy was killed in an encounter with the police.
Finding of the Court:
The court found that the affidavits filed by the respondents did not disclose the manner in which Sammireddy received bullet injuries in the encounter. The court also noted that more than two months had elapsed since the death of Sammireddy and that the proper facts were not forthcoming.
Issues: Whether a separate crime should be registered in respect of Sammireddy's death and the matter should be investigated by an independent agency.
Ratio Decidendi: The court held that a separate crime should be registered in respect of Sammireddy's death and the matter should be investigated by an independent agency. The court reasoned that the facts of the case were not clear and that more than two months had elapsed since the death of Sammireddy. The court also noted that Sammireddy died on account of a bullet injury received at his back.
Final Decision: The court directed the Superintendent of Police, C.B.C.I.D., to register a case and investigate the manner in which Sammireddy met his death. The court also directed that if, on account of the investigation, any case was revealed contrary to the facts stated in the counter affidavit and the additional counter affidavits, a charge-sheet had to be filed and the case pursued.
( 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 mat 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 J, (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 lire 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 C. C. S. Narsapur Police station on 24-6-1996 at 030 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 dend 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 dearly 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 S
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