The Bombay high court on Wednesday questioned the Maharashtra Police over the killing of Badlapur sexual assault case accused during a gunfight, saying that the "shootout could have been avoided".
The court was hearing a plea against the "encounter" by police moved by Akshay Shinde's father.
The high court asked the cops why Shinde was shot in the head directly and not in the legs or arms first.
It further said that the shootout could have been avoided and asked why the police did not try to overpower Shinde first.
Shinde, 24, was accused of sexually assaulting two minor girls at a school in Badlapur town of Thane district. A contractual sweeper at the school, Shinde was arrested on August 17 even as the crime triggered massive protests in the state.
Shinde was being taken to Badlapur from Taloja jail in Navi Mumbai on Monday evening in connection with an FIR registered against him on the complaint of his former wife when the firing incident took place, which resulted in his death, police have said.
He was killed near Mumbra bypass when he allegedly snatched the gun of a policeman in the escort team, officials claimed.
During the hearing, the court told the public prosecutor that a revolver can't be unlocked quickly by a physically weak man.
"It is difficult to believe this. Prima facie there seem to be issues. A common man can't fire a pistol because it needs strength. a revolver can't be unlocked quickly by a physically weak man. It is not very easy," it said.
To this, the prosecutor, representing the police, told the high court that the officer's pistol was unlocked.
The HC further said that the incident cannot be termed as an "encounter".
The court noted that three bullets were fired in total but only one has been found, asking where are the remaining two bullets.
It further said that forensics must provide clarity over the distance at which the firing took place. "Cops are trained to handle a situation like this, how can they take a head shot," the HC asked.
It said that it will take steps if anything "untoward" is found.
Earlier, Shinde's father sought a probe by a special investigation team into the death of his son.
After he shot and injured an assistant inspector of police, another officer fired at him, and he was declared dead at the Kalwa civil hospital, the police claimed.
The Maharashtra government earlier on Tuesday said the state Crime Investigation Department (CID) will conduct a probe into his death.
(With inputs from PTI)
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