The court also asked the police to expeditiously complete the investigation into the disappearance of the accused.
A division bench of Justice Kailash Gambir and Justice Sunita Gupta also asked the Ghaziabad SSP to file a fresh status report in the case and submit the DNA report of the dead body that was shown as the accused’s body by the Ghaziabad police.
Submitting a status report in the case, the Ghaziabad police told the court that since the identity is under a cloud, the ashes have been sent for a DNA test and the report is awaited to ascertain the claims of the kin of accused Rajbir Singh.
The court was hearing an appeal by Rajbir’s counsel against his conviction for murder by a trial court.
During pendency of his appeal in court, soon after getting bail, the accused stopped appearing in court.
Despite repeated summons, when the court failed to get his presence in the appeal case, it decided to direct the Ghaziabad police to trace him since he belongs to that district.
After conducting a probe, the Ghaziabad police submitted a status report in 2013 claiming Rajbir was dead. It informed the court an unidentified body was recovered November 2013 in a highly decomposed state. An arm of the dead person appeared to have been hacked and the police immediately conducted a post-mortem examination and took finger prints.
Even as the police were trying to verify the identity, Rajbir’s relatives turned up at the police station and claimed the body.
They identified the clothes found on the person as those worn by Rajbir. Surprisingly, the police handed over the body to the relatives, who cremated it and got a death certificate in his name. The Ghaziabad police report also said they were putting in efforts to trace the accused.
The police said Rajbir’s relatives still claim the body was his.