This becomes evident from examination of some recent decisions of the courts. The magistrate must state the manner in which any wound or injury or any other mark happened to be on the body, whether the mark is by birth, or otherwise that caused the death of the person. However like the coroner, the medical examiner has no power to summon witnesses and examine them on oath. The report was registered at the Police Station Civil Lines on 16. For example, such an exception would apply where the victim is not dead at the time of receiving the information but subsequently dies after the police arrive, bringing the case under Section 174.
The first part of the section means that the offence to be committed in prosecution of the common object must be one which is committed with a view to accomplish the common object. C statements, of certain prosecution witnesses, were marked. The time gap between the conduction of post-mortem and his summoning to the court is about 2 years on an average, but there have been cases where the doctor has been called as late as 15 years after conducting the post-mortem! An analysis of blood stains found at the scene of crime require the application of biology Forensic Biology. The following discussion is of historical importance only. The police cannot refuse to register the case on the ground that it is either not reliable or credible Smt. A high responsibility lies upon the investigating agency not to conduct an investigation in a tainted or unfair manner.
However, at that time the medical examiner did not have the right to order autopsies, a situation which prevailed till the 1940s. Unlike books on other medical subjects, in this specialty, you would encounter a lot of real cases sizzling with crime, conspiracies and intrigue. Union of India , directed that retrial should be conducted. Ayesha Meera, is a classic case of subversion of justice. In this profession, we frequently encounter several terms.
But it might become relevant under section 8 of the Evidence Act. In ancient Egypt, the practice of medicine was subject to strict legal provisions. An assembly which, at its commencement or even for some time thereafter, is lawful, may subsequently become unlawful. The object of the proceedings under Section 174 Cr. All the appeals are dismissed.
The agonised parents of the deceased want to know who killed their elder daughter and why? Relying on the judgment of the Supreme Court in Kishanbhai1, the Division Bench, in its order in Criminal Appeal No. Their omission is not sufficient to put the prosecution out of Court. The Court also noted that when such erroneous practices are followed, complainants are left without closure regarding their case. This system was effective and was adopted by other countries in due course of time. Similarly, the absence of the name of the accused in the inquest report cannot lead to an inference that he was not present at the time of commission of the offence, as the inquest report is not the statement of a person wherein all the names accused and also the eye-witnesses ought to have been mentioned.
But if a report is no prepared in a prescribed format, the report cannot be declared as unacceptable. Even on the order of a proper official, the post-mortems can only be conducted by a Government appointed doctor. We had, by our order dated 01. Ka-21 and Ka-22 has not been challenged. It has been established by the evidence of the eye witnesses that all the eight accused persons were armed with weapons, they surrounded the deceased and in fact prevented others from going near the deceased to rescue him.
But before going any further, first of all we must acquaint ourselves with the bare minimum of the vocabulary used in medico-legal practice. He was also conversant with the various aspects of forensic medicine, and was thus not likely to commit serious errors during the investigation. The language of the aforesaid statutory provision is plain and simple and there is no ambiguity therein. What necessitates examination, in these writ proceedings, is whether a fresh or a denovo investigation should be caused? Death of a woman within seven years of marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman. P-16-inquest report was prepared after the dead body of their daughter was handed over to them in the evening.
The investigation should not, prima facie, be indicative of a biased mind and every effort should be made to bring the guilty to law as nobody stands above the law de hors his position and influence in the society. The course-content will be reviewed by the above Committee annually, on the basis of fresh inputs, including emerging scientific tools of investigation, judgments of courts, and on the basis of experiences gained by the Standing Committee while examining failures, in unsuccessful prosecution of cases. They devoted their life in the study and development of forensic medicine as we understand it today, but they were all disgraced by their colleagues. C, the right of the police to further investigate is not exhausted. The case is first investigated by the police to ascertain whether an offence has actually been committed and if so, by whom and the nature of evidence available for the prosecution. The section does not contemplate that the manner in which the incident took place or the names of the accused should be mentioned in the inquest report. As further investigation is a continuation of the earlier investigation, which culminates in a further police report under Section 173 8 , it necessarily means that any further investigation should be made only by the investigation agency which was earlier entrusted with investigation by the State Government.
The informant Walaiti Ram died before he could be examined by the trial court. In fact section 30 of the Coroner's Act, 1871, specifically stipulates that the Coroner would not inquire into treasure troves or wrecks, and would not seize any fugitive goods. Criminal abortion was punishable by law. The two deceased persons are Favad and Shahood and as noted above are described as D1 and D2. The only thing required is that he should have understood that the assembly was unlawful and was likely to commit any of the acts which fall within the purview of Section 141. So there is no one except the panchayatdars to make suggestions or offer help.