IMPHAL, January 25: The inquiry report of CBI after investigating into the broad daylight killing of Chungkham Sanjit had also earlier concluded it was head constable Thounaojam Herojit who gunned down the unarmed captive on the fateful morning of July 23, 2009.
Here are some extracts from the final report of CBI branch Imphal submitted to the court of Chief Judicial Magistrate Imphal on September 9, 2010.
The Gauhati High Court, Imphal Bench passed an order on August 25, 2009 to treat the writ petition filed by Chungkham Taratombi Devi, mother of the deceased Chungkham Sanjit Meitei as FIR. Later the High Court, Imphal Bench transferred the investigation of FIR of City PS Imphal (W) to the Central Bureau of Investigation.
Accordingly, the FIR was registered against some personnel of Manipur Police Commando on January 16, 2010.
During the course of investigation of the case, it was seen that all the original records, exhibits and articles were seized by the police FIR and therefore, State government was requested to issue a notification to transfer the investigation of the case by City PS Imphal (W) to CBI.
Manipur government then issued a notification on January 22, 2010 and Central government issued a notification on February 3, 2010 for handing over investigation of the FIR of City PS Imphal (W) to the CBI.
Subsequently, a case was registered by the CBI on February 5, 2010.
The CBI report said, a witness, Taratombi in her complaint alleged that her son was apprehended by personnel of Manipur Police Commando from BT Road at 10.45 am on July 23, 2009 and taken to Maimu Pharmacy and was shot dead by pumping several bullets, and thus the Manipur Police Commando murdered her son arbitrarily.
She also mentioned about the exclusive report published by Tehelka Magazine in its edition of August 8, 2009, giving sequence of photographs of the killing of her son in a fake encounter by Manipur Police Commando.
In his report, head constable Th Herojit Singh (A-3) disclosed that while police party was conducting frisking and checking below the fly over near Samu Makhong at 10.30 am of July 23, 2009, an unknown youth fired towards the police party fled towards BT road when he was stopped for frisking.
He also said, in the firing by youth, one woman was hit on her head and succumbed at the spot.
When police party chased him down, the youth fired indiscriminately towards them and public. In retaliation police also fired rounds in air and continued to following after him. The youth then ran inside Maimu Pharmacy.
Herojit’s testimony to the CBI further said the police party surrounded the whole complex and entered the pharmacy under the command of Inspector H Devendra Singh of CDO, Imphal West. It further said he along with rifleman Toyaima went inside and knocked the door. The door flung opened and the armed person opened fire towards them.
It further said the party immediately retaliated and in the retaliatory firing the armed youth was shot dead and one 9mm pistol was found clutched in his hand.
The CBI in its report further said investigation revealed that on July 23, 2009,head constable Singh, whose call sign was Mobile 13, transmitted information to control of CDO, Bazar Unit and control of DO, Imphal west through walky-talky se at 9.55 am that two unknown youths, one wearing blue jeans and black shirt and another wearing black jeans and red shirt entered the bazaar area. This message was then flashed by the Control Room of CDO, Bazar Unit at 9.55 am.
At about 10.30 am, a mobile bike team of rifleman Ng Toyaimam and rifleman Khaiminthang Baite stopped a youth in blue jeans and black shirt coming from west to east on BT road in their jurisdiction. The youth flung away the hands of Toyaima and took out a small pistol and fired towards them, then ran away towards east, it said.
The youth vanished towards the Hao Keithel road, which is north of the BT road. Toyaima flashed this message to head constable Herojit to the affect that his party was fired upon near Sulabh Toilet on BT road and the person had run towards east along BT road and they were chasing the armed youth, it said.
In-charge of CDO Bazar Unit H Devendra Singh along with Sub-Inspector Punshiba, who had come to meet the Inspector left for the scene after hearing the information, the report said.
It said many Manipur Police Commandos and other police personnel then assembled near the Gambhir Singh Shopping Arcade at BT road. Under the command and supervision of H Devendra Singh, the commandos cordoned off the entire area near Gambhir Singh Shopping Arcade and started checking people who had gathered in the shops, restaurants and Emoinu Institute of Information and Technology on the first floor of the building Bir Tikendrajit Palace, adjacent to the arcade, it further said.
Inspector Y Munal Singh, Officer-in-Charge of PS City, who also went to BT road, took possession of one 9 mm pistol (Mauser Werke) with one magazine loaded with four rounds and two empty cases of 9mm ammunition from havildar Konsam Somarjit Singh of CDO, Imphal Bazar Unit who had found it abandoned at the entrance of the arcade, the report said.
It further disclosed that Somarjit and Mohd Imran Khan, who were present at BT Road area also fired few rounds after seeing the youth running with firearm in hand.
In the firing by the youth and commandos, five persons were injured and one lady was killed, the report said.
It said only the injury suffered by Golmei Mangal could be linked the bullet fired from the firearm AK-47 issued to rifleman Khaiminthang Baite since the bullet recovered from his hand matched with firearm issued to him. In case of others, the injuries/bullet projectiles recovered could not be connected to any of the firearms, it added.
It said Rabina Devi was hit in her head and she succumbed to the injury at the crossing of Alu Gali and BT road. However, it said the injury which resulted the death of Rabina could not be linked to any firearm. No bullet was recovered from her body in post-mortem. A bullet was seized by SI Dilip Kumar Singh PS City at about 4 ft away from the dead body, it added.
The report further said the seizure of the bullet itself is doubtful as the said bullet was neither seen on the spot by any witness, including the police witnesses who signed the seizure memo, nor was it sealed on the spot. The bullet also was on to the east of the dead body of Rabina, from which side the firing allegedly took place i.e. it fell 4 ft. short of the dead body from the alleged direction of firing, it added.
It concluded that, it cannot be said that this bullet has caused the death of Rabina Devi. Besides, no one else has stated having seen the bullet lying near the lady. FSL, Pangei has opined that the bullet recovered was fired from Mauser Werke, which was found abandoned at GSS Arcade.
The further investigation disclosed that the dead body of Sanjit was taken out from the store room of Social Time Emporium by police and was put in DI TATA mini truck along with the dead body of Rabina and was taken to RIMS hospital. No inquest was done at the spot. No forensic experts or photographers/videographers were called to inspect the scene of crime, it added.
No attempt was made to preserve the scene of crime, it further noted.
Inspector OC Munal Singh brought one 9mm pistol from the store room and showed the pistol to the media and public holding it with a pink colour paper and telling them that the same was recovered from inside the store room from the deceased. Investigation disclosed that the pistol shown by Inspector Munal Singh was Mauser Werke, a opined by CFSL, New Delhi, it said.
It said OC Munal Singh prepared seizure memo of the articles seized from the store room later at his police station. However, in the seizure memo of July 13, 2009, he has shown the pistol seized as ‘Tanfoglio’ whereas the pistol that he showed to the public and media was ‘Mauser Werke’, which was shown having been recovered from entry passage of GSS Arcade at 10.40 am.
The investigation was made regarding two pistols, Mauser Werkeand Tanfoglio recovered in this case, it said.
The Under Secretary, Home government of Manipur informed that no record was found about these two pistols recovered in connection with the investigation of an FIR. No license was issued for these two weapons. Enquiry with NCRB disclosed that the above referred two pistols were not linked in any crime reported to them, it said.
The above facts disclosed that H Devendra Singh, Herojit Singh, N Toyaima Singh, W Binoy Kumar Singh, Th Jagat Singh, Md Imran Khan, O Keshor Singh and Makan Kanchung in pursuance of their common intention to cause death of Sanjit Meitei, accosted/got accosted him and led him to the store room of Social Time Emporium under the command of Inspector H Devendra Singh where Sanjit, who was unarmed, was shot dead by head constable Herojit Singh.