signed by him.
PW, Javaid Ahmad has stated that on 25-02-2003 he was posted in police station Shaheed Gunj and was on escort duty with SHO Shafiq Ahmad. They went to Nowgam and in his presence SHO arrested accused, Altaf Hajam. Majid Hajam and Gh. Mohd Hajam. Arrest memo’s were prepared which were signed by him.
PW Farooq ahmad has stated that in February, 2003 he was posted in police station Shaheed Gunj. On 25-02-3003, in his presence Gh. Mohd Hajam and Ab. Majeed Hajam were arrested. Arrest memo was prepared which was signed by him.
PW Mohd Abass has stated that in the year 2003 he was posted as Reader with SDPO Shaheed Gunj. On 20-08-2003 accused Altaf Hajam who was involved in FIR No.10/2003 was brought before SDPO Shaheed Gunj in his office to collect his blood sample for DNA test which he refused. He cannot say whether accused Altaf Hajam was under arrest that time or he was only brought to the office of SDPO for taking blood sample.
In his cross examination the witness has stated that when Altaf was brought to the office of SDPO, any Doctor or compounder was not summoned to collect the sample. Besides him, SDPO and SHO was present when Altaf refused to give the blood sample.
PW Altaf Hussain Dar has stated that some six years before he was temporarily residing at Barbarshah and was preparing for exams. One day police came in search for accused Ashraf Bhat who according to police was also residing in the same building, however, he or his other companions had no knowledge about the said Ashraf Bhat.
PW, Mirza Khan Qaisar Bashir has stated that accused Dr. Gh. Nabi is known to him. He was running a clinic at Hari Singh High Street namely Jehlum Diagnostic clinic. Some ? years before police party headed by SP, Pani, came and arrived in the clinic at seized computer etc. Dr. Gh. Nabi is his uncle that is how he was in the clinic. Clinic was sealed and key handed over to him. Superdnama was prepared and he signed it. The Doctor was directed to surrender before the court but he went to the police station. As per his knowledge the doctor was arrested in some abortion case. On the day of occurrence the doctor was running the clinic as a doctor.
PW, Bashir Ahmad Wani has stated that on 28-03-2003 he was posted on escort duty with SDPO Shaheed Gunj on that day he was standing with SDPO Shaheed Gunj at Jahangir chowk when one person namely Mohd Ashraf Bhat came who was called by SDPO as he was wanted ina case. The said person was arrested and he also signed the arrest memo.
PW Dr. Mohd Maqbool Khan, has stated that on 21-04-2002 he was posted as Zonal Medical officer, Batmaloo and on the said date CMO Srinagar asked him to conduct postmortem of a dead body of a female lady, 25 years of age . The lady was later known as Rafiqa daughter of Gh. Mohd Sheikh resident of Sonawar. He conducted the postmortem examination and recorded the observations. As per the appearance the body was stout and there were no signs of decomposition at the time of examination. There was no special mark on the dead body. There was vomits in the mouth of the dead body. There were signs of bleeding from the private part and blood on the underwear/,leggings of the deceased. The leggings were soaked with blood. The uterus was of normal colour but the size was enlarged and uterus was full of contents and pieces of skull bones of the fetus came out while separating uterus from cervix. The observations led to the conclusion that the lady had been subjected to induced abortion. The cause of death as per his examination was shock and hemorrhage. The lady obviously was pregnant and some one had induced abortion though incompletely. The observations on the file are true and correct and same is exhibited as EXPW-6. The skull bone pieces of the aborted fetus were preserved in a Jar and handed over to ASO Mohan Lal for DNA test. The details regarding the dead body on the reverse of the document are true and correct and is exhibited as EXPW6/1. He opined that the lady was pregnant and subjected to induced incomplete abortion and that the death was due to shock and hemorrhage.
In his cross examination the witness has stated that the dead body was brought before him at 12.30 PM. The dead body was produced before him without any clothes on it except the leggings and a blanket was placed over the dead body. He conducted the postmortem examination at about 1 p.m. It took him about half an hour to complete the examination. The contents preserved in a jar were kept with the police. He did measure the size or weight of the uterus though it was bulky. The skull bones of fetus were thick. He was not sure about the exact age of the fetus. He did not sent the skull bones of fetus to Serological culture. He did not find any signs of disease or female problem as the lady was stout, healthy and young. He could not say whether it was first pregnancy of the lady. He could not say how much time before postmortem the death had occurred. It was very difficult to give exact duration of death . In any case in his opinion the death must have occurred 12 hours or more before the examination. He could not say the time gap between the induced abortion and death. When he say that the death has been caused due to shock and hemorrhage he meant that there was huge blood loss while inducing abortion or performing surgery and due to this blood .loss coupled with shock and negligence the death occurred. He did not find any injuries on the uterus or private parts of the lady but as it was a case of induced abortion the fetus was broken into pieces. There was blood loss that resulted in death. He did not make any inside examination to know whether there was any injury on cervix or uterus. He had not seen today in the court the skull pieces. He was not aware of any tests conducted in respect of the preserved skull bones of the fetus or the results of any such tests. He did not give any statement before the police. He arrived at the conclusion that it was a case of induced abortion on the basis of his observations bulky uterus, dismembered fetus with broken skull bones, bleeding that had occurred from private parts, the blood soaked leggings etc.
PW, Gh. Mohd Kathjoo has stated that his shop is situated at HSHS. Dr. Gh. Nabi is known to him as his clinic is adjacent to his shop. Police seized a computer and some documents from the clinic in his presence but he does not know in what connection the seizure was made.
PW Mohd Sultan Hajam has stated that accused are known to him. Accused Altaf Hajam is his cousin brother who was arrested by police some 5/6 years before. Blood sample of accused was not collected in his presence. He never went to police station during the detention of accused Altaf.
PW, Mohd Ashraf Makaya has stated that his shop is situated at HSHS Srinagar and the accused Gh. Nabi Bhat is running his clinic in the upper story. Presently also the clinic is there. The accused is running the clinic for the last 5/8 years. He identifies his signature on superdnama. Some 5/6 years before the shop keepers were called by the police who took possession of one Ultra Sound machine alongwith Monitor from the clinic of the accused. No person namely, Mirza Khan, is known to him.
PW Bilal Ahmad has stated that on 25-02-2003 he was posted as constable in police station Karan Nagar and police was in search of accused Reyaz Ahmad who was arrested in Bagat Barzulla. He was present when his personal search was conducted. In this regard a memo was prepared which was signed by him and he identifies his signature.
PW Dr. Raouf Hussain Beigh, has stated that on 18th of March, 2003 he was posted as Medical Officer Allopathic Dispensary, Miskeen Bagh, Srinagar and on the said date pursuant to the court orders through CMO, Srinagar, he took blood 5 ML sample of Mohd Altaf Hajam S/o Akbar Hajam R/o Hajam Mohalla, Nowgam and thumb impression of the said Altaf Hajam. He also recorded the identification mark, a mole on left side of cheek above mustache. After collecting blood sample in culture tube it was duly sealed with his ring impression on 18-03-2003 at 4 PM. The blood sample and other formalities were completed in presence of Dr. Misba R/o Rawalpora, Medical Officer, Central Jail, Srinagar and Mohd Amin Senior Technologist Central Jail, Srinagar. He there after handed over the blood sample duly sealed in culture tube to SHO, P/s Shaheed Gunj, who had signed the original document. He probably handed over the photocopy of the proceedings recorded by him regarding taking of sample to SHO the original is with him and he may be permitted to present the same. The original is taken on file. It is in his hand and bears his signature. The contents are true and correct and is exhibited as EXPW-21. The impression ring used for sealing the sample is also on the file which is true and correct and is exhibited as EXPW 21/1.
On cross examination the witness has stated that the samples were taken and proceedings were completed in Central Jail, Srinagar. The accused Altaf Hajam obviously was in custody at the relevant time in Central Jail, Srinagar. The test sample was taken at 4 PM. He received an order to take the blood sample of Sltaf Hajam from CMO, Srinagar. The direction was given vide order No.9837-39 dated 17-03-2003 . CMO in turn had received the order from CJM, Srinagar. He was not aware of the fate of the samples by police or whether it was examined and if so what were the results.
PW, Noushad Ahmad has stated that in February, 2003 he was posted as PSO with SDPO Shaheed gunj. On 28-03-2003 a Naka was laid at the direction of SDPO and accused Mohd Ashraf Bhat was arrested. In fact the accused Dr. Gh. Nabi Bhat had at the instance of accused, Altaf aborted a girl who had died during the process. An arrest memo was prepared which was signed by him. In his cross examination the witness has stated that accused Mohd Ashraf was arrested at Jehangir Chowk and accused Altaf was in custody at police station Sher Ghari.
PW, Mst. Shamima constable 1046, has stated that on 25-02-2003 she was posted in womens Police Station. She went to police station Shaheed Gunj under the directions of superior officers. Then she went to the house of accused Safiya alongwith SDPO where from she was arrested. In fact one lady had died during the process of abortion and the lady accused was to be arrested. At the time of arrest the personal search of the accused was conducted.
In her cross examination she has stated that she came to know in Shaheed Gunj police station that the lady was involved in the death of deceased who was aborted. The lady accused had assisted in the capacity of a mid wife during the process of abortion. Her statement was not recorded by the police.
PW Dr. Manzoor Ahmad Hakim, has stated that on 20-02-2003 he was posted as Causality Medical Officer, SMHS Hospital, Srinagar and on the said date at 11.30 PM one nursing orderly, Muzaffar Ahmad, approached him and stated that an unclaimed dead body was lying near Trauma theater of the hospital. He accompanied Muzaffar and few other employees of the hospital to the spot and found the dead body of the lady lying on the trolley outside the Trauma theater of the hospital. He did not find any admit card of the hospital with the dead body and obviously without admitting the patient the dead body of the lady was left outside the trauma theater of the hospital. He enquired from the admission/ticket section of the hospital and on enquiry came to know that no such patient of whose dead body was found was admitted in the hospital on the said date. He and other staff took the dead body to the stomach wash room situated adjacent to the ticket section and he also deputed hospital staff to different wards of the hospital to enquire about any attendant of the patient whose dead body was lying outside the trauma theater. However, there was no claimant of the dead body. He thereafter reported the matter to Medical superintendent in writing and telephonically. The communication addressed to Medical Superintendent is on the file. It is in his hand and bears his signature, contents are true and correct and is exhibited as EXPW-3 and copy of the communication was forwarded to police station, Karan Nagar. Police came on spot and seized the dead body and prepared the seizure memo, he put his signature on the seizure memo, same is true and correct and is exhibited as EXPW 3/1. The articles mentioned in the seizure memo include a chit issued by Jehlum Diagnostic centre was also seized on spot. The seized chit is on the file. It is exhibited as EXPW 7/2. The chit was found by the police on personal search of dead body. The photographs of the dead lady are on the file. He identifies the photographs. The same are exhibited as EXP MT 1 to 15. The dead body was removed by the police to police station. The memo prepared in this behalf is on the file and bears his signature. The contents are true and correct same is exhibited as EXPW 3/2.
In his cross examination the witness has stated that he joined Health department about 21 years back and had a good memory. He was in his office when Nursing Orderly Muzafar at 11.30 PM reported presence of the dead body. It took about a minute to reach the spot. When he reached the place where the dead body was lying on the trolley of the hospital, the dead body was lying on the ground floor of the hospital. He could not comment on the status of the dead body as he did not examine the dead body. Immediately on spotting the dead body outside the truma theatre the matter was reported to the police. He did not make any attempt to have particulars about the identity of the dead body. He did not conduct personal search of the dead body. The dead body remained in the stomach wash room of the hospital for 2/3 hours. Police was already present in the stomach wash room since two police officials from P;s Karan Nagar are permanently posted in SMHS premises that is how the police came immediately on spot and stayed near the dead body. The dead body obviously though present in the stomach wash room was not in strict sense, in his custody. The police officer came on spot at 8.30 a.m. next morning. The stomach wash room after the dead body was shifted was not locked. A few officials from the hospital stayed near the stomach wash room round the clock. The police personal were also guarding the room. The police officer came to my office and he accompanied the officer to the stomach wash room. He did not remember the name of the police officer who prepared the seizure memo. He was made to go through the contents of the seizure memo including the list of articles
Hell with them. Jahanam yeyen zinaiyen