Killing by BSF
Masum got information that on 11th July 2010 at around 11 pm while Mr. Kauch Seikh was sleeping at his home Mr. Khedu Molla and Mr. Samsul Mondal came at Kauch’s house and called him. Ms. Golejan Bibi wife of Kauch reported our fact finding team that they placed a proposal before Kauch to involve into some illegal cross border activities with them. Golejan Bibi tried a lot to restrict Kauch from involving that illegal activity; but Kauch and his wife was told that they managed some BSF personnel by giving bribe and assured them not to be worried. Subsequently Kauch agreed with their proposal, ignoring all the efforts of prohibition by his wife and on the very night he went with them.
On 12th July around 4 am in dawn while Kauch was returning through Outpost
no. 4 of Singhpara Border Security Force camp, after smuggled some cattle,
was caught by the BSF personnel posted at the said Outpost under Battalion
no. 52 of BSF. It was alleged that those posted BSF personnel was not paid
bribe ‘properly’. As a consequence they started beating him harshly. Mr.
Hadiul Seikh alleged our fact finding team that Kauch was finally fired at
his right chest by those BSF personnel from very short distance and
subsequently his unconscious body was lying there without any medical
treatment for around 4 hours and blood was oozing out. Around 9 am a team
from Jalangi police station approached at the spot but they returned to the
police station without rescuing the body or taking any action. Around 11.30
am some BSF personnel took the body to Jalangi police station by one
patrolling van of BSF and around 1 pm Mr. Sukanta Saha, The Block
Development Officer of Jalangi conducted the inquest of the body, while no
doctor examined the body and declared as dead till then. It is a glaring
example of illegal practice going on by the civil administration, even by a
Magistrate. The very act is a proof that the enquiry by Magistrate is being
conducted by the helm of BSF and the local police.
The whole act by the BSF
personnel as well as the police personnel ensured the death of the victim
and thus one of the most valuable evidences was destroyed by the members of
law enforcing agencies. A criminal case bearing no. 432/10 dated 12.07.2010
under sections 147 (Rioting) /148 (Rioting with deadly weapon) /149 (Offence
by an unlawful assembly) /353 (Assault to deter a public servant) /126
(Committing depredation on the territories) /188 (Disobidience to an order
lawfully promulgated by a public servant) of Indian Penal Code (IPC) was
initiated by Jalangi Police Station against him at the said police station
as per the complaint made by Mr. S. V. Singh; Company Commandant of ‘G’
company under Battalion no. 52 attached with Singhpara BSF camp. The penal
sections which were charged against the victim are fixed for rioting, being
armed with deadly weapons and assaulting any public servant while eye
witnesses reported our fact finding team that police did not seize any
weapon from the place and no BSF person was injured during the incident.
Around 1.45 pm the body
was taken to Sadhikhan Dear Block Medical Hospital and finally declared as
dead by a doctor. Around 2 pm the body was sent to Behrampore General
Hospital for post mortem examination (PME) and the same was done at around
4.30 pm bearing PME serial no. 743/10 dated 12.07.2010.
Though it is the duty of the police to send the body to hospital for medical
opinion, that duty was forced to carry out by the family members of the
deceased. Family members of Kauch Sk. have had to hire a vehicle being
number WB-57A-6978 to carry the body. The body of Kauch Sk was lifted at the
said hired vehicle at Jalangi Police Station after the enquiry by the SDO.
Then the body was sent to Sadikhan Dear Hospital for bringing “Death
Certificate”. After procuring “Death Certificate”, the said truck was
returned back to Jalangi PS. There the on duty officers, arranged some paper
documents at the PS. Thereafter by the said vehicle the body was sent to
Beharampur Dist Hospital for Post Mortem Examination. All along the police
personnel were present in the said vehicle. After PME the body was handed
over to the family members of Kauch Sk. after observing identification and
other formalities.
Another criminal case being Jalangi PS case number 436/10 dated 13.07.2010
under sections 302 (Murder)/ 120B (Criminal conspiracy)/34 (Common
intention) of Indian Penal Code also was initiated against the BSF personnel
of ‘D’ company as per complaint made by Ms. Golejan Bibi; widow of Kauch.
According to the complaint made by BSF, being Jalangi PS Case No. 432/10
dated 12.07.2010, the BSF personnel fired upon Kauch Sk, were attached with
‘G’ company under battalion no 52 of BSF.
On 18th July 2010 our fact finding team talked to Mr. Samsul Mondal about
the allegation made by the victim’s wife against him. He simply denied that.
Our fact finding team talked with other villagers also and got different
views. On 23rd July 2010 around 11.30 am one member of our fact finding team
talked with Mr. Debashis Sarkar, the Officer-in-Charge of Jalangi Police
station. He did not provide any information regarding the incident.