The allegation in this case is that one Sudhir Talukdar aged about 27 years who was the second son of Shri Madhab Chandra Talukdar was killed by the police in front of his house on 3.6.95. Sudhir passed the HSLC examination in the year 1984, but could not prosecute his studies due to adverse pecuniary condition of his father.

2. The admitted position in this case is that Sudhir is a hardcore ULFA, but the question is that whether the killing of Sudhir was a diabolic murder or that was in pursuance of an attempt to apprehend him. The allegation is that on the morning of 3.6.95 at about 11.30 AM when Sudhir along with 3 other persons were playing carrom by the side of a public road in front of his house, at that time 8 persons in civil dress came to the spot in 4 Motor Cycles and on being pointed out by one of them Sudhir was caught by another and one of the eight persons brought out a revolver and fired on Sudhir. Sudhir being injured ran towards the 'bari' behind his residential house. Then all the eight persons chased Sudhir with their Motor Cycles, went inside the 'bari' through the small track and fired point blank on him by using carbine. Sudhir died on the spot instanteneously. Thereafter some of the eight persons disclosed their identity as police personnel and one of them was a surrendered ULFA.

3. Thereafter this Civil Rule was filed with a claim for compensation on account of the killing of the son of the petitioner. The District Judge at Barpeta was asked to conduct an enquiry and accordingly the learned District Judge examined the following witnesses :

1. Kamini Bala Talukdar, the mother of deceased.

2. Himangshu Talukdar, a closed door neighbour of the deceased and who saw the occurrence.

3. Himangshu Talukdar, the person who was playing carrom with Sudhir.

4. Pramod Talukdar, the younger brother of the deceased who was at that time cutting tree on the back side of his house.

5. Dr. Golap Hussain, the doctor who conducted the post-mortem examination. The doctor found the following injuries :

(i) One perforated wound over right side of the chest in between 2nd and 3rd ribs of size 2 cm \ 2 cm upto the cavity. The edge of the injury was inverted and charred.

(ii) One perforated wound over left side of the chest between the 3rd and 4th ribs of size 2cm \ 2cm upto the cavity. The edge was inverted and charred.

(iii) One perforated wound just below the umbilicus of size 2cm x 2cm in diameter. Loops of the intestine had come out.

(iv) One perforated wound over the right buttock of size 2cm \ 2cm upto the cavity. The edge was inverted.

(v) One lacerated wound of size 6cm x 2cm over right thigh.

The doctor further opined that the deceased died because of bullet injury inasmuch as the bullet must have hit the deceased straight.

6. Khurshid Ali, SI, I/C of Bhabanipur OP. He deposed inter-alia as follows :

"During investigation, I found that the deceased Sudhir Talukdar was the Organising Secretary of ULFA of Barpeta District. On the relevant day, police got a confidential information that some ULFA members had gathered at Village Bar Tapa and conducted a search. Police personnels found that 6/7 boys were running helter-skelter and on their arrival near the house of the deceased there was a firing on the police party. For self defence police party also opened fire. In the cross fire Sudhir Talukdar sustained bullet injury and later died.

DSP, Jit Mai Doley led the police party during the search. DSP Doley himself seized one revolver alongwith 4 (four) live cartridge from one Dipu Sutradhar who was accompanying the deceased at the PO. Police also recovered 2 (two) empty cartridge from the PO. For the same occurrence DSP JM Doley also lodged FIR against Dipu Sutradhar, Sudhir Talukdar and,others which was registered as Barpeta PS Case No.342/95 under section 307 IPC' read with section 25 of the Arms Act read with section 10/11 of the Unlawful Activities Prevention Act. This case has also been assigned to me for investigation. I have not su

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