Alleged fake encounter: CBI submits charge sheet
Source: The Sangai Express

Imphal, March 20 2020: CBI/ SIT, today, submitted another charge sheet before the Chief Judicial Magistrate, Imphal West, against five police personnel, including one late Sub-Inspector of Imphal West commando, in connection with the alleged fake encounter/extra judicial killing of Akoijam Priyobarta alias Bochou s/o Rajen of Mongsangei Mayai Leikai on March 15, 2009, at Langol.

The charge sheet was submitted by L Hangsing Additional SP against Assistant Commandant of 5th Indian Reserved Battalion Irengbam Khaba s/o (L) Tompok of Singjamei Chingamakha Kshetri Leikai, Head Constable Pebam Sanayaima s/o Kalamuba of Haokha Maning Leikai, Head Constable Soibam Premjit s/o Heramani of Singjamei Thongam Leikai, Head Constable Yengkhom Ibomcha s/o (L) Jugindro of Thoubal Leishangthem Awang Leikai and then Sub Inspector (Late) Moirangthem Goberdhon alias Don s/o (L) Chura of Thongju Part II, in compliance of the Supreme Court order passed on July 14, 2017, directing the CBI to go through the record of the case by registering necessary FIR and to complete the investigation.

A regular case was registered by Special Cell III, CBI, on January 30, 2018, after taking over the Lamphel PS FIR case related to the death of Akoijam Priyobarta alias Bochou.

The charge sheet mentioned that Justice Santosh Hegde Commission opined in its report of March 30, 2013, that the Akoijam Priyobarta did not die in an encounter.

During the investigation, it was revealed that on March 15, 2009, at around 8.50 pm, then SI of Imphal West Commando Unit, late Goberdhon, submitted a written report to the OC of Lamphel PS stating that the same day, at around 7.30 pm, acting on credible information from 16 Assam Rifles about the presence of some KCP cadres loitering in and around Iroisemba area, his team rushed to the site and conducted a frisking-checking at Langol Sangai Second Home.

During the check, some 2/3 youths suspicious youths were seen coming on the road heading towards Iroisemba and the commando team ordered them to stop.

However, instead of stopping, the unidentified individuals started firing towards them forcing the commando team to return fire.

The report had mentioned that the encounter occurred at around 8.10 pm and lasted for around 5 minutes and in the encounter, a UG cadre was killed and a pistol along with five live 9mm ammunition rounds and two empty 9mm ammunition shells were recovered.

The charge sheet mentioned that then SDPO Lamphel, Pushpanjali, along with a team of Lamphel police, reached the incident site and the dead body was sent for identification.

It was reported that in the incident, 28 bullets had been fired, out of which four hit the body of the deceased.

The charge sheet continued that the IO of the case did not recover the two wheeler moped in the name of the deceased Akoijam Priyobarta, his mobile phone, money bag with Rs 8000 which were claimed to have gone missing.

The charge sheet mentioned that the mother of the deceased stated that on the day of incident, Priyobarta had gone out on his two wheeler with around Rs 8000 to buy some plastic bags for packaging pickles and to purchase camera lens but he did not return home.

She had also claimed that her son was working as a cameraman video operator for shooting and filming functions and marriage ceremonies.

The charge sheet explained that when post mortem of the deceased was conducted on March 23, 2009, at RIMS, injury marks were found on the upper parts of the body of the deceased but none were found on his legs which showed that the commando personnel had not tried to arrest/apprehend him or immobilize him.

Back then, the National Human Right Commission had also maintained that multiple injuries on the face of the deceased indicated that he was beaten up before his death.

Investigation further revealed that on the day of the incident, a team of Imphal West commando on duty at Naoremthong, received instructions from Commando Control Room to proceed to Central Agricultural University and wait for another team to arrive.

Accordingly, another team of Imphal West commando led by then Subedar, Irengbam Khaba, along with the team led by then SI late M Goberdhon arrived at the area.

Some of the commando personnel remained in their vehicles while some stood near, the charge sheet explained adding that the 5 charge sheeted police personnel proceeded on foot for further frisking and checking and they claimed that they saw 2/3 persons coming from Langol side towards Iroisemba and flashing their torch, they asked them to stop for checking but the unknown individuals fired upon them due to which they return fired killing one of the individuals near a culvert in front of the Second Sangai Home, Langol.

The CBI charge sheet alleged that the accused Irengbam Khaba fired seven rounds from a 9mm pistol, Pebam Sanayaima fired six rounds from his AK 47 rifle, Soibam Premjit fired four rounds from his AK 47 rifle, Yengkhom Ibomcha fired three rounds from his AK 47 rifle and late Moirangthem Goberdhon fired six rounds from his 9 mm pistol.

During investigation, report from Central Forensic Science Laboratory, Chandigarh indicated that the presence of residue in and around the holes on the shirt of the deceased showed that it was close range firing, the charge sheet explained.

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