IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Sunil Hali, J.
Javed Iqbal Matoo & Anr. - Appellant
Versus
State - Respondent
Cr. Revision No. 25/2009 & Bail Application No. 62/2009
Decided On : 11 September, 2009
Missing Report - Investigation Procedure - Sections 154, 174 Cr.P.C. - The court analyzed the investigation procedure undertaken by the Special Investigation Team (SIT) and its conclusions. The court discussed the legal provisions of Sections 154 and 174 of the Code of Criminal Procedure, emphasizing the mandatory registration of an FIR in case of a cognizable offence and the option to conduct inquest proceedings under Section 174. The court also highlighted the importance of evidence collection and preservation, the role of the Investigating Officer, and the admissibility of circumstantial evidence.
Fact of the Case:
A missing report was filed for two women who did not return from a visit to their orchard. Their dead bodies were later found under suspicious circumstances, leading to public anger. A Special Investigation Team (SIT) was constituted to conduct inquest proceedings under Section 174 Cr.P.C. The petitioners were arrested based on the directions of a Division Bench of the court.
Finding of the Court:
The court found that the investigation was based on circumstantial evidence and discussed the role and conduct of the petitioners, the collection and preservation of evidence, and the DNA profiling results. The court also addressed the maintainability of the Revision Petition and bail application, concluding that the petitioners were entitled to bail based on the evidence and charges against them.
Issues: The court addressed the maintainability of the Revision Petition and bail application, the role and conduct of the petitioners, the collection and preservation of evidence, and the admissibility of circumstantial evidence.
Ratio Decidendi: The court emphasized the mandatory registration of an FIR in case of a cognizable offence and the option to conduct inquest proceedings under Section 174. The court also highlighted the importance of evidence collection and preservation, the role of the Investigating Officer, and the admissibility of circumstantial evidence.
Final Decision: The bail application was allowed, and the order passed by the learned Principal Sessions Judge, Shopian, was set aside. The petitioners were directed to be released on bail with specific conditions. The court also highlighted the need for the Investigating Agency to pursue other leads in the investigation.
2. Thereafter, the bodies of both the deceased women are stated to have been taken for post mortem to the district hospital at Shopian. From the record, it transpires that the post mortem was initially conducted by three doctors but the same could not be concluded due to the intervention of crowd which had gathered on hearing the news of death of both the deceased women. The post mortem was then conducted by a second team of doctors who were brought from Pulwama. As indicated above, after the recovery of two dead bodies, there was a wide spread public anger. A Special Investigation Team was then constituted by the Dy.Inspector General of Police, SKR, Anantnag, vide his order dated 30th of May09, to conduct the inquest proceedings under Section 174 Cr.P.C. which were already initiated vide DD report No. 37 dated 29th of May09, by the concerned officer-in-charge of Police station, Shopian. The said team was to work under the supervision of petitioner No.1.
3. A Public Interest Litigation bearing OWP No. 515/09, came to be filed by the J&K High Court Bar Association, Srinagar, in this court. When this petition came up for hearing on 15th of July09, a Division Bench of this court passed the following directions:-
".....It is made clear that on arrest of those officers any bail application filed by them or on their behalf shall be transferred to this court for a decision or the bail application, if any, may be filed directly to this court. In the event such application(s) is/are transferred to this court or filed in this court, the same shall be decided by this Bench.
We direct the Special Investigating Team to produce those four officers on arrest before the Registrar Judicial on a date and time to be fixed in consultation with Registrar Judicial, High Court of J&K, Srinagar for the purpose of drawing their blood samples which blood samples, on being drawn, shall be sealed by the Registrar Judicial, Srinagar Wing of this Court and such sealed blood samples shall be sent immediately to the Central Forensic Science Laboratory, CBI, New Delhi, for the purpose of preparing their DNA profile. The DNA of those police officers shall, thereupon, be matched with DNA profile of the vaginal semen of the deceased ladies. (Registrar Judicial may have to seek help from some authorities so that sampling is bottled and sealed in the prescribed manner).
We also feel that it would be appropriate on the part of the Special Investigating Team to undertake Narco Analysis Test of those four police officers. We are told that there is no facility available in the State for carrying out Narco Analysis Test and that Forensic Science Laboratory being extremely busy, it is difficult to obtain an early date for carrying out Narco Analysis Test of the four police officers. We, accordingly, request the Central Government through Mr Anil Bhan, Additional Solicitor General, to impress upon the authorities of the Forensic Scienc
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