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Court deplores SIT, orders DNA profiling, action against delinquent officers
Chopra Murder case
11/26/2014 11:34:13 PM
Jammu, Nov 26 (JNF) : In a much publicized Chopra Family murder case which took place on September 18, 2006, Today Principal Sessions Judge Jammu RS Jain took serious note of the investigation done by the then officers who conducted the investigation of murder of five person in a very casual manner and issued directions to SSP Jammu.
Principal Sessions Judge Jammu RS Jain observed that in the present case, the allegations of the Investigating Agency is that the accused persons for financial gains entered into a criminal conspiracy and in pursuance of the conspiracy, five persons have been murdered in a heinous manner. It is the further case of the investigation that Car No. 0030/JK02AC belonging to deceased Rajinder Chopra was found missing from the residential house of deceased and thought to be taken by the perpetrators and on 19.9.2006, the car was recovered from Klaeeth Mohalla in Hari Market, Jammu and from inside the car, the pieces of blood stained seat covers were seized and sent to FSL for chemical examination. It is not the case of prosecution that the bodies of the murdered persons were transported in the car taken from the house of Rajinder Chopra but the fact remains that the seat cover of the car was blood stained and the blood stained pieces were taken and sent to the FSL, and so, the question arises as to whose blood it was on the seat cover of the car. Principal Sessions Judge Jammu RS Jain further observed that the present case received a great deal of attention from the police authorities and the State Government that it figured in the Cabinet meeting of the Government. So much so, special SIT was constituted on different occasions to investigate the case.
Court expressed surprise that the SIT consisting of efficient police officers and under the supervision of superior officers failed to look into this aspect of the case i.e. whose blood was on the seat cover. No efforts have been made by the SITs constituted by the DGP and the State Government to see whether the blood found on the seat cover of the car matched with the blood group of any of the accused persons. No DNA profile was done of the said blood to trace its origin. Why it was not done, it would be for the police administration to go into the said lapse and whether it was deliberate, unintentional or pure inefficiency of the Investigating teams and their Supervisory Officers, Upon this Court directed the SSP, Jammu to inquiry into the lapse on part of the Investigating teams and take/recommend action against the delinquent official/s under law under information to this Court. Court further observed that the only possible way to find out the blood stains found on the seat covers of the car are of which accused, if any, in the present case can be ascertained only through DNA profiling/fingerprinting. Court directed Senior Superintendent of Police, Jammu District to appoint a seasoned Police Officer who was not previously connected with the investigation of the present case. This is necessary because the investigation by the police must seem to have been conducted in a fair manner and in view of the reasons mentioned above. Principal Sessions Judge Jammu RS Jain further directed that the concerned Police Officer shall collect the blood samples of the accused persons through the agency and supervision of Chief Medical Officer, Jammu.
As per the FSL report, the blood stains on the seat cover are of 'O' group and so, only blood samples of the accused persons having blood of 'O' group are to be taken; If none of the accused have blood of Group 'O', the concerned police officer would inform the court immediately and ensure proper sealing of the blood sample by a senior Executive Magistrate and also take steps to get the DNA test done by an agency like CCMB, Hyderabad or similar reputed agency (This is left to the decision of SSP, Jammu). Court further directed that the report of DNA profiling shall be submitted to this court within a period of four weeks from the receipt of order by SSP, Jammu.
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