Copied from the book: 'Murders in Sai Baba's Bedroom' by B. Premanand
Date of publication in 'Murders in Sai Baba's Bedroom': 06-31-2001
To: The Judicial First Class Magistrate, PenukondaSir,
Sub: Puttaparthi PS Cr. No. 25/93 u/s 148, 324, 326, 332, 307, 302, 120 (B) IPC Sec. 5 of E.S. Act & Police Firing remand to the accused -requested - regarding.
Accused:-Sreenivasulu, S.I. of 'Police, 27 years; Puttaparthi now at Narpala P.S. Ramakrishna, HC 1129, 45 years, Puttaparthi P.S. Now at Gooty P.S. Venkata Narayana, ARPC 581, 30 years, Armed Reserve, Gunman to I submit that on 7-6-93 at 00.15 hours Sri K.N. Gangadhar Reddy, Inspector of Police, Puttaparthi sent a special report to S.H.O. Puttaparthi P.S. the contents of which hat on 6.6.93 at 10.30 p.m. on hearing the cries on the road and people rushing towards Prasanthinilayam. He learnt that some people attacked Swamiji's Mandir to kill Baba. Immediately along with S.I's Puttaparthi, Kothacheivu and Bukkapatnam PSs and staff present with him rushed to Baba's mandir in Prasanthi Nilayam and that there he learnt that some group of people went to Mandir and found four assailants namely I.E.K Suresh Kumar, 2) Jagannathan 3) K. Sairam and 4) Suresh Santharam Prabhu@Prabhu of Prashantinilayam and Puttaparthi entered into Baba's ground floor room on the pretext of handing over a telegram. When disciples 1) Radha Krishna 2) Anil Patley, 3) Vishnu Bhatt and 4) Sai Kumar Mahajan present in the said assailants attacked and stabbed them with daggers indiscriminately and went to upstairs to do away Swami. It is further learnt that all four injured were shifted to Super Specialties Hospital. He found all doors of mandir were bolted from inside. There was huge gathering of Public. They secured ladder and climbed over to upstairs of mandir. Four assailants rushed in Baba's living room and closed doors and bolted from inside. On that he along with his party rushed and demanded to open door and surrender but in vain. One of the door plank was broke open to enter into the said room. At about 11.30 PM, four assailants armed with daggers suddenly opened door, pounced on Police, attacked and caused injuries to HC 1129, PC 844 and PC 1302 with a view to kill. As police could not over power them in self defense, SIs Puttaparthi HC 1129, PC 844 PC 1302 and ARPC 581 opened fire killing all the four assailants in the mandir. He posted guard at the scene of offence and controlled furious mob gathered around mandir. On contacting hospital authorities, he came to know that injured 1) Radhakrishna and 2) Sai Kumar Mahaja succumbed to stab injuries and remaining two injured namely 1) Anil Patley and 2) Vishnu Bhatt are in operation theatre undergoing operations. Inspector of Police, Puttaparthi gave instructions register a case and issued F.I.R's. U.Veeranjanayulu, HC 93 of Puttaparthi PS registered the special report of C.I. Puttaparthi as Cr. No. 25/93 u/s 324, 326, 307, 302, 332, IPC r/w 34 IPC and Police Firing of Puttaparthi PS and submitted express F.I.R's to all the concerned. The Sub-divisional Police, Officer, Penukonda who was in additional charge of Kadiri Sub-division took up first investigation into the case. On 8.6.93 C.I.D. took up investigation into this case. The C.I.D. investigation made so far in this case reveals the following in regard to Police Firing. 1. As per the C.I. he broke open the door of the stair case room on the roof of Baba's mandir and entered the front yard of Baba's bedroom in the first floor. But as per a local witness Sri. V Jagadesh, the door was already broken over before the arrival of the police and he jumped inside to protect Baba who he believed to be there. He also spoke to the assailants in the room but they pleaded innocence to him. Thus the evidence of V. Jagadesh is totally contradictory to the Police version. 2. According to the police personnel HC 1129 and SPC 844 broke the wooden plank of the door of Baba's bedroom, with their musket butts since the assailants did not open the door. But a witness by name D. Peddireddy stated that he had broken the plank with a wooden pole and saw the assailants into the room. Thus is evident the police did not broke the door of Baba's bed room as claimed by them. 3. It is stated that the C.I. inserted the hand into the hole made in the top plank of door of Baba's bed room to open the bolt, two of the assailants opened the door and attacked with daggers and as a result the CI fell down the ordered fire. If this version were true the CI should have sustained injury to his hand due to the uneven and jagged surface of the hole. It is also surprising why the assailants did not inflict injuries to the CI's hand and why they opened the door themselves and pounced upon the police. The absence of injuries to the hand of CI and absence of any tears to his shirt expose the falsity in Police version. 4. It is stated that the assailants pounced upon HC 1129, PC 844 and P.C. 1302 and attacked them with knives and daggers. But as seen from the medical evidence and injuries on HC 1129 and PC 844 were only lacerations and PC 1302 had only tenderness in the affected region. The medical evidence also speaks to the fact that only blunt objects were the cause for the injuries. 5. It is also stated that the two other assailants who were in Baba's room also came out and attacked PC 844 and PC 1302 and then PC 844 and PC 1302 and then PC 844 and HC 1129 fired at them. Since the assailants were armed with knives these two Police officers would have sustained some incised injuries. Further more by that time IS Kothachervu opened fire with his revolver into the air. IS Puttaparthi, gunman ARPC 581 and HC 1129 also opened fire. So, even after so much of firing the theory that the two assailants who were in Baba's room came out and attacked PCs 844 and 1302 is unbelievable. The dead bodies were found only in Baba's bed room. 6. It is also stated that the two assailants attempted to run from the room of Baba to the next room and at that juncture PC 844, SI Puttaparthi, HC 1129 and gunman opened fire at them i.e., Jaganatham and Suresh Santharam Prabhu. Jaganatham sustained fire arm injuries on vital parts i.e., left side of ... right side of intercostal area. Suresh Santharam Prabhu sustained fire arm injury on Vital part i.e., on his right chest back. After receipt of injuries on such vital parts there would not have been any assailants were found in a room next to Baba's bed room and there was no blood near the dead bodies. This indicates that they were shifted from the place where they were lying to support the Police version. 7. The dead bodies of assailants E.K Suresh Kumar and K. Sairam were inside the bed room of Baba in a pool of blood. According to the version of Police these two assailants rushed out and tried to attack the Police due to which fire was opened. E.K. Suresh Kumar received gun shot injury on the left eye area, on the right thigh and on the left wrist. K. Sairam sustained firearm injury on the left side of the neck. There would not have been any possibility for these two to move after sustaining the above injuries. Their position does not indicate that they were attempting to attack the police while passing out the door from inside. As such the theory that these two have rushed out of Baba's bed room to attack the Police is untenable. 8. It is seen that the assailant Jagannathan sustained a fire arm injury in his right palm (entrance wound). This is all probability indicated that he might have requested the Police not to fire by showing his right palm. 9. Singeing was found at the entry wounds of all assailants as per P.M. Certificates. As per Ballistics expert, generally singeing of hair is possible within a range of less than 6" (Flame range). This indicates that the assailants were shot at within the range of less than 6". 10. It is stated that the assailants were holding knives when they were shot at. But the knives were not found in the claps of the dead bodies. Nor were the knife found by their side except in case of Jaganathan. The knives were found a little away from the bodies. Their position is so unnatural that they do not have appear to have fallen from their hands. 11. As per the Police personnel the Fire was opened at about 11.30 p.m. on 6.6.93 p.m. but the local witness Sri G. Balachandaa, Lecturer in Economics, Sri Satya Sai Institute of Higher learning, Puttaparthi, Sri Sanjay Sahani, Lecturer in Commerce Brindavan, Whitefield, Bangalore, Sri Peeyushkmar Sri Vatsava, Prasanthi Nilayam, Puttaparthi, Col. Jogarao, Trustee, Satya Sai trust in their 162 Crpc statements revealed that the firing took place around 1 a.m. on the intervening night of 5/7-6-93. The P.M. reports of the dead bodies of the assailants indicates that the firing took place at about 1 a.m. Thus the oral evidence as well as Medical evidence contradicts the Police version with regard to time of firing. 12. The firing sequence shows that it was done indiscriminately. No specific person was directed by the C.I. to open fire and it was a free-for-all situation in which as many as 31 rounds were fired in the incident.
13. As admitted by the Police personnel the door plank of Baba's bed room was broken and the assailants were visible. The Police could have easily hold them in threat by brandishing their weapons through the opening and made them surrender. Even if they did not surrender the Police could have bolted the door from outside and waited for reinforcement by guarding the room. As there was no way out for the assailants to escape, the opening of fire with such undue haste is totally unwarranted. The assailants could have been made to surrender by using tear gas shells which could be secured from District headquarters hardly 70 kms from Puttaparthi.
Near the dead body of assailant K. Sairam, nylon thread was found and also stout blood stained sticks which could have been used for shifting the dead bodies were also found on the sofa set in the room of Radhakrishna as seen from the photographs.
As admitted by the police personnel two uniformed men controlled the great crowds from entering the scene. If it is the case it is intriguing why the Police party headed by an Officer of the rank of C.I., armed with weapons could not over power the assailants who were in panicky mood.
Further more all the assailants were well educated and as such they could not have been so foolish as to attack the Police party which was armed with more lethal and more sophisticated weapons with their crude daggers and knives.
The above findings eloquently prove that the Police Firing resorted to by the Police party including the accused noted in the margin of this remand report in this case is unwarranted and their theory of opening fire in self defense is far from truth.I arrested the accused noted in the margin today i.e., on 30.12.93 at 0700 hours at Police Guest house, Anantapur and took them into my custody. They were informed of the grounds of their arrest. I am herewith sending the marginally noted accused to the Hon'ble court under escort. The Hon'ble court is requested to kindly remand them to judicial custody for a period of 15 days as the investigation into the case has not been completed. Yours faithfully, Sd- Dy. Supdt. of Police, C.I.D. Cuddapah.
Enclosures: Arrest Card and copies of: Part 1 C.D. dated 7.6.93 of SDPO, Penukonda Part I C.D. dated 8.6.93 of DSP, CID Part I CD dated 9.6.93 of DSP, CID. Part I CD dated 10.6.93 of DSP, CID Part I CD dated 11.6.93 or DSP, CID & 16.6.93 Part I CD dated 21.6.93 of DSP, CID Part I CD dated 13.12.93 of DSP CID Part I CD dated 30.12.93 of DSP, CID