Karnataka CID probe puts forest dept in the dock over killing of three 'poachers'

A CID investigation into the killing of three alleged poachers in Karnataka's Cauvery Wildlife Sanctuary, bordering Tamil Nadu, by forest officials in the early hours of August 15 this year, has raised several questions: autopsy reports indicate shots were fired at close range; videography of crime scene does not show weapon alleged to have been found with the victims; bodies were removed and crime scene not preserved.

The CID has cited some of these findings, based on forensic and field evidence, in its plea to the Karnataka High Court for cancellation of anticipatory bail granted to the three forest officials -- Shivaraja Sasalavada (29), beat forester to whom the shotgun used in the killings was issued by the forest department; Shivalinga Nayaka (51), anti-poaching forest watcher; and Girisha R (29), anti-poaching camp watcher.

The HC registered the CID's plea on September 24, and the first hearing was held on September 30, when the court issued notice to the accused.

The state forest department had said the three who were killed -- Anthony Swamy (50), John Rose Peter (43) and Sebastian David Kumar (35), residents of villages on the fringes of a forest in Hanur in Karnataka -- were poachers. It had said the men were armed and had first opened fire on the forest team, leading to retaliatory firing.

A fourth person, Joseph Mahima Das alias Benjamin (45), had managed to escape. Based on his account, a police complaint was filed by Anthony Swamy's wife, Lourde Mary. The police complaint had said the four men had gone "to find lost cattle" and were sleeping in the forest when forest officials opened fire on them.

A CID investigation was ordered on August 24, after post-mortem reports found the shooting happened at close range, and, contrary to the forest department's claims, indicated that the victims were probably on the ground facing upwards when they were shot.

On September 10, a local court in Hanur granted anticipatory bail to the forest officials, saying that the prosecution's case was based on "circumstantial evidence".

Opposing the bail, the CID, in its plea before the HC, has raised the following points:

* It has cited the post-mortem report which said the cause of death was shotgun injuries, and "the range of fire of shotgun injury (was) at close range".

* Citing the crime scene video recording by the forest department, the CID has said it "does not disclose the existence of a weapon alleged to have been found with the deceased at the crime scene".

* The "very fact that the dead bodies have been removed from the scene of the offence, that the crime scene was not preserved, and that the accused did not inform the nearest police as early as possible discloses that the officers have breached," the norms prescribed in a 1991 notification for incidents of firing by armed forest personnel, it has said.

* "There is no material to indicate the deceased caused a threat or danger" to the forest personnel to "justify the action of killing three people at close range," the CID has said

What autopsy reports said

* According to the autopsy report, Sebastian David Kumar, had two shotgun bullet entry wounds on his body. A shot on the left side of his chest revealed "burning/scorching" and "singeing" of chest hair, indicative of a "close range" gunshot. The shot was fired "front to back, above downwards and left to right," the report said.

A second shot on his right thigh found "burning/ scorching present and charring singeing and soot deposition... within and around the wound margins", indicating it was also fired at "close range" and in a "below upwards" direction, it said.

* Antony Swamy had a gunshot wound on the right side of his lower rib cage from a "close range", the report said. The direction of the gunshot was "above downwards, front to back and right to left".

* John Rose Peter had a single shotgun wound on his neck above the collar bone, fired at "close range", with a top down direction.

"At the time of the incident, the hunters were at a higher point than the department staff at the Karadikalu rocks. Since the hunters were not visible to the department staff they were shot in the upper part of the waist when the staff retaliated. The staff did not act with any malicious intent," Karnataka Forest Minister Ramalinga Reddy had said on August 17.

The forest department had said the firing incident was the culmination of a night-long search to find poachers on the basis of "actionable intelligence". "They were conducting searches and when they chanced upon the persons who had come with the intent of poaching, both groups became alert. They have fired and we have fired," Hanur Assistant Conservator of Forest Mariswamy had said.

"Around 75 metres from the place where they were found, two bags of deer meat were found. It was the meat of the animal they hunted in the night," the Hanur ACF had said.

"Based on the evidence, it is certain that those who entered the forest were poachers," the Chief Conservator of Forests for Chamarajanagar district, Dr Malathi Priya, had said.

A September 20, 1991, order "grants immunity to forest personnel whenever they open fire to protect government property and life", but the immunity is subject to conditional use of firearms and reporting norms for shooting incidents.