JAVED IQBAL MATOO AND ANR. Vs. STATE

JUDGEMENT

(1.) ONE Shakeel Ahmad Ahanger, lodged a missing report in police station, Shopian, that his wife Neelofar Jan and sister Asiya Jan had left their home at about 4 p.m. on 29th of May'09, to visit their orchard at village 'Deegam Nagabal' but did not return thereafter. The said report is stated to have been lodged at about 23.50 hours on the aforementioned date. On the report being filed, a search party headed by the Sub Inspector of Police station, Shopian, went to look for the two women but their whereabouts could not be traced. On this, the search was abandoned at about 3 a.m. on 30th of May'09. However, the concerned policy party again started the search at about 5.15 a.m., and at about 6.30 a.m., on 30th of May'09, the dead body of Neelofar Jan was located near Rambiara Nalla. After an hour, the dead body of Asiya Jan was also recovered from down stream about one and a half km's away from the place where body of Neelofar Jan was found. The death of Mst Asiya Jan and Neelofar Jan, under suspicious circumstances resulted in wide spread public anger.

(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 May'09, to conduct the inquest proceedings under Section 174 Cr.P.C. which were already initiated vide DD report No. 37 dated 29th of May'09, by the concerned officer -in -charge of Police station, Shopian. The said team was to work under the supervision of petitioner No. 1.

(3.) WHILE passing the afore -noticed directions, the Division Bench also directed that the suspended police officers who are alleged to have been involved in destroying the evidence of the crime be also arrested for the purposes of interrogation followed by collection of their blood samples for preparation of DNA profile of those officers in order to match the same with the DNA profile of the vaginal semen of the deceased women. It was in pursuance to the said directions, the petitioners came to be arrested.