Textbook of Forensic Medicine and Toxicology

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Textbook of

Forensic Medicine

and Toxicology

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Textbook of

Forensic Medicine Forensic Medicine

and Toxicology and Toxicology

Principles and Practice

Fifth Edition

Krishan Vij

MD LLB

Head

Department of Forensic Medicine and Toxicology

Adesh Institute of Medical Sciences & Research, Bathinda, Punjab Former Professor and Head

Department of Forensic Medicine and Toxicology Government Medical College and Hospital, Chandigarh

Counsellor Torture Medicine

ELSEVIER A division of

Reed Elsevier India Private Limited

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ELSEVIER A division of

Reed Elsevier India Private Limited

Mosby, Saunders, Churchill Livingstone, Butterworth-Heinemann and Hanley & Belfus are the Health Science imprints of Elsevier.

All rights are reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the

prior permission of the publisher.

ISBN: 978-81-312-2684-1

Medical knowledge is constantly changing. As new information becomes available, changes in treatment, procedures, equipment and the use of drugs become necessary. The authors, editors, contributors and the publisher have, as far as it is possible, taken care to ensure that the information given in this text is accurate and up-to-date. However, readers are strongly advised to confirm that the information, especially with regard to drug dose/usage, complies with current legislation and standards of practice.

Published by Elsevier, a division of Reed Elsevier India Private Limited.

Registered Office: 622, Indraprakash Building, 21 Barakhamba Road, New Delhi-110 001.

Corporate Office: 14th Floor, Building No. 10B, DLF Cyber City, Phase-II, Gurgaon-122 002, Haryana, India.

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Typeset by Olympus Infotech Pvt. Ltd., Chennai, India.

Printed and bound at xxx, India.

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To

the memory of my daughter

Divya Vij

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Foreword

In the present civilised society, every crime ought to be punished and a criminal must be taken to task. Investigators and those who are engaged in the dispensation of justice require aid of an expert, who, by experience and knowledge, has acquired scientific tem- perament and skill to unearth the crime. At the same time, with the aid of a forensic expert, an innocent can be saved from the gallows. Dr. Krishan Vij, in this edition, has put a great effort to notice transformation of medical jurisprudence to clinical forensic medicine. The present edition of Textbook of Forensic Medicine and Toxicology will be of great help not only to the under-graduate and postgraduate students but to all those who are engaged in investigation of the crime and administration of justice, be it lawyers or judges, and victims of violence and negligence.

The 5th edition of Textbook of Forensic Medicine and Toxicology by Dr. Vij has summoned the resources of science from all quarters.

Division of contents into segments, viz., (i) Of the Basics, (ii) Of the Dying and the Death, (iii) Of the Injured and the Injuries, (iv) Clinical Forensic Medicine, (v) Legal and Ethical Aspects of Medical Practice, (vi) Forensic Toxicology, and placement of illustrations, tables, flowcharts, etc. speak volumes of his experience and expertise spreading over about three decades. Chapters on brain-stem death vis-à-vis organ donation; sudden and unexpected deaths; custody related torture and/or death; deaths associated with surgery, anaesthesia and blood transfusion; medicolegal examination of the living; complications of trauma (was wounding responsible for death?); medical negligence; informed consent and refusal; and medicolegal aspects of immuno-deficiency syndrome deserve extreme applause.

Exceptional features of this ensuing edition have been the presentation of cases clinching to the text and updation of information in every segment. I am sure that the edition would serve as a guiding light for all concerned.

I wish Dr. Vij all success in his endeavour.

Kanwaljit Singh Ahluwalia Judge

Punjab & Haryana High Court

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Preface to the 5th Edition

The rapid exhaustion of the last four editions reflects volumes of wide acceptance and popularity of the book, encouraging me to bring about the 5th edition. The current edition reflects the meticulous work that has been done to revamp its predecessor. Based on the feedback received from students, teachers, advocates and the judiciary, both Sections of the book (Forensic Medicine and Forensic Toxicology) have been extensively revised with consequent deletion of outdated information and incorporation of the new. Extensive placement of photographs, illustrations, tables and flowcharts has made this edition extremely catchy and easy to grasp. Appearance of enormous references in the flow of the text is the result of extensive study and the period of toil and turbulence through which I had to creep in. The integral thread of evidence-based description is seen running through the entire content. Placement of precise information about the relevant legal provisions and forensic aspects of anatomical structures/findings at appropriate places promote interdisciplinary understanding of issues.

Cases of extreme medicolegal significance, commensurating with the flow of the text, have been introduced to illustrate medicolegal principles and explore solutions to tackle problems usually encountered in day-to-day medicolegal work. And therefore, the ensuing edition will be of immense help not only to undergraduates and postgraduates (the 'would be' medical practitioners/

experts), but also to wide segments of other professionals engaged in the administration of justice; be it prosecutors, defense counsels, and of course, the judiciary.

User friendliness of the book is depicted in its lucid style, rational use of various levels of headings, subheadings and boldface words. Presentation of ‘cases’ is an exceptionally interesting feature of the book helping the user to have an in-depth approach to the intricacies of medicolegal issues.

Author’s view has always been that the modern time student should not be deprived of the fruits of recent information; therefore, topics like Sudden and Unexpected Deaths; Deaths due to Asphyxia; Deaths Associated with Surgery, Anaesthesia and Blood Transfusion; Custody Related Torture and/or Death; Medicolegal Examination of the Living; Injuries by Firearms; Complications of Trauma: Was Wounding Responsible for Death?; Medical Education via-à-vis Medical Practice; Medical Negligence; Consent to and Refusal of Treatment, etc., have been thoroughly up-dated with placement of ‘cases’ clinching to the text.

In their effort to add to the learning experience, the publisher, Elsevier, has made use of this book’s companion website http://www.manthan.info/Vij/web-home.aspx easy for all students. Now any student can use features like Interactive Assessment, Downloadable Images and Updates by simply logging in into the Website and creating an ID for self.

In essence, the 5th edition has been nurtured with most recent information, which will serve as an excellent resource for the undergraduates as well as postgraduate students. Teachers will find it as a guiding light. A wide segment of other professionals like practitioners (medical as well as legal), investigative agencies, and above all, the judicial officers will also be benefited with far-reaching content of this edition.

Krishan Vij

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Acknowledgements

Revision of any book is a gigantic task. The revision of the fourth edition would have not been possible without uninterrupted encouragement from well-wishers in general and my colleagues in particular. The acutely updated and illustrated fifth edition has been made possible through rigorous and continued efforts. I am grateful to my friends and colleagues who obliged me through healthy discussions. While it is not possible to list them all, I record my indebtedness to:

Dr. BBL Aggarwal, Ex-Principal, University College of Medical Sciences and Head of the Department of Forensic Medicine, New Delhi; for whom my vocabulary fails to locate adequate words of appreciation. An excellent teacher, guide and philosopher, he has been a source of inspiration and encouragement to me in all walks of my life.

Dr. Gurpreet Inder Singh, Director Principal, AIMS&R, Bathinda (Punjab) and Dean Colleges, Baba Farid University of Health Sciences, who commands exceptional mention for his constructive and leadership qualities. Hailing from the Army Background, he has effectively been able to transmit a message of True Army Spirit at the institute as he performs and expects everything in a scheduled and meticulous manner.

Dr. TD Dogra and Dr. GK Sharma, Head of the Department of Forensic Medicine, All India Institute of Medical Sciences, and Director Principal, Lady Hardinge Medical College, New Delhi, respectively, distinct and magnanimous personalities in the field of Forensic Medicine, deserve exclusive appreciation.

Earnest feeling of gratitude are expressed to the authors/writers of various books/journals/articles whose references have been cited in the text. Dr. JS Dalal, Dr. J Gargi, Dr. RK Gorea, Dr. Dalbir Singh, Dr. AS Thind and Dr. Jagjiv Sharma deserve thanks for their constructive inputs. Dr. KK Aggarwal, Dr. SS Oberoi, and Dr. DS Bhuller invite appreciation for their interaction.

Dr. Vijay Vij, my brother-in-law, who was instrumental in making me visit various libraries and book centres during my visit to the United States of America, deserves special appreciation. I was truly amazed by his profound interest in gaining more and more knowledge and, in fact, I happened to collect rich material from his personal library.

Dr. Parmod Goyal and Dr. Vishal Garg, my colleagues at the Institute, deserve extreme applause for their inputs and cooperation.

I must confess that I have been highly demanding on quality and accuracy from all staff members of Elsevier, a division of Reed Elsevier India Pvt. Ltd, sometimes rather impatiently, but all of them have been quite accommodating. In particular, I would like to pen down my appreciation for Mr. Shravan Kumar, Development Editor, for his pleasant-pitched interaction with an eye on the market placement.

The users of previous editions are gratefully acknowledged for having brought the textbook at this pedestal. In the past, I have been benefited from suggestions by colleagues, students, advocates and the judiciary, and I urge them to continue to give their valuable suggestions.

Before I conclude, I must acknowledge with profound gratitude, the encouragement and inspiration extended to me by wife, Anu, and my daughter, Divya (during the Herculean exercise of the maiden edition). My wife has been socially bearing the pangs of loneliness owing to my remaining obsessively occupied. Her contribution, albeit silent, is far-reaching.

Krishan Vij

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Introduction to Forensic Medicine and Indian Legal System

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Ancient traditional writings describing considerations for regulating human behaviour and providing punishments, medical ethics, and medical practice for purposes of law | Explanation for the terms forensic, medicine, medical jurisprudence, legal medicine, forensic pathology, etc. | Police inquest | Magistrate’s inquest | Various Courts in India | Documentary and oral evidence | Exceptions to oral evidence | Procedure of recording evidence | Dying declaration and its importance | Kinds of witnesses | Doctor in the witness box

Chapter 2

Medicolegal Autopsy, Exhumation, Obscure Autopsy, Anaphylactic Deaths and Artefacts

| Artefacts

Chapter 3

Identification

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| Age from ‘ossification activity’ of bones | Symphyseal surface in estimating age | Skull sutures in estimating age

PART II Of the Dying and the Death

Chapter 4

Death and Its Medicolegal Aspects (Forensic Thanatology)

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Death | Presumption of death and survivorship | Somatic and molecular death | Brain death with its medicolegal aspects, especially in relation to organ transplantation | Suspended animation | Mode, manner, mechanism and cause of death | Estimation of ‘time since death’ from the immediate, early and late changes after death, and factors influencing such changes | Medicolegal aspects of immediate, early and late changes after death | Differentiation between postmortem staining and bruising, hypostasis and congestion, rigor mortis and cadaveric spasm, rigor mortis and conditions simulating rigor mortis, etc. | Postmortem damage by predators | Entomology of the cadaver and postmortem interval

Chapter 5

Sudden and Unexpected Death

100

Concept of ‘sudden’ and ‘unexpected’ death | Morbid anatomy of heart and its blood supply | Types of occlusion

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Chapter 6

Asphyxial Deaths

110 Asphyxia and its types | Asphyxial stigmata | Suffocation and its types | Medicolegal aspects of carbon monoxide and carbon dioxide | Medicolegal aspects of smothering, gagging, choking, traumatic asphyxia, burking, etc. | Mechanism of death by compression of the neck | Types, cause of death, autopsy findings and the circumstances of hanging | Types, cause of death, autopsy findings and circumstances of strangulation | Mugging, garroting, bansdola, palmar strangulation, etc. | Types, mechanism of death, cause of death, pathophysiology, and diagnosis of death in drowning | Floatation of body in water | Circumstances of drowning

Chapter 7

Infanticide and Foeticide

146

Chapter 8

Thermal Deaths

159

| Antemortem and postmortem differentiation of burns | Some legal provisions in relation to dowry death | Scalds and their medicolegal aspects | Differentiation of injuries due to dry heat, moist heat and chemicals | Pathophysiology of hypothermia | Circumstances of injury due to cold | Autopsy findings in death due to cold

Chapter 9

Starvation and Neglect

173

Starvation and its types | Autopsy findings | Circumstances of death | Malnutrition

Chapter 10

Death by Electrocution

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| Iatrogenic electrocution | Judicial electrocution | Lightning and mechanism of injury by it | Circumstances of lightning

Chapter 11

Deaths Associated with Surgery, Anaesthesia and Blood Transfusion

Chapter 12

Custody Related Torture and/or Death

191

PART III Of the Injured and the Injuries

Chapter 13

Injuries: Medicolegal Considerations and Types

197

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Chapter 14

Injuries by Blunt Force

213

Chapter 15

Injuries by Sharp Force

225

Chapter 16

Injuries by Firearms

234

Chapter 17

Injuries by Explosives

266

Mechanism of production of injuries by bomb blast | Autopsy in explosion fatalities | Medicolegal considerations in explosion injuries

Chapter 18

Regional Injuries

270

Injuries of the scalp including forensic aspects of anatomy of the scalp | Fractures of the skull including forensic aspects of anatomy of the skull | Mechanism of production of skull fractures | Meningeal haemorrhages with their medicolegal aspects | Mechanism of production of cerebral injuries | Medicolegal aspects of coup and contrecoup injuries | Concussion | Head injuries in boxers | Spinal injuries with their medicolegal aspects | Facial, cervical, thoracic and abdominal trauma

Chapter 19

Transportation Injuries

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Mechanism of vehicular injury | Pattern of injuries to the driver, front-seat occupants and rear-seat occupants of a motor car | Pattern of injuries to the pedestrians, motor cyclists and pedal cyclists, etc. | Aircraft accidents, railway accidents and vehicular conflagration | Medicolegal aspects of transportation injuries

PART IV Clinical Forensic Medicine

Chapter 20

Medicolegal Examination of the Living

304

Clinical forensic medicine | Medicolegal examination of the victim of assault and extending opinion | Classification of sexual offences | Meaning and scope of the offence of ‘rape’ with particular emphasis on implications of consent/

nonconsent | Medicolegal examination of the victim and of the alleged accused of rape and extending opinion in either case | Medicolegal examination in ‘unnatural sexual offences’ and extending opinion | Medicolegal aspects of ‘semen’

Complications of Trauma: Was Wounding Responsible for Death?

335 Immediate causes of death—primary or neurogenic shock; injury to vital organ(s); haemorrhage; air embolism | Delayed causes of death—secondary shock; wound infection; pulmonary thromboembolism; fat and bone marrow

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embolism; crush syndrome; exacerbation of pre-existing disease | Trauma and operation/anaesthesia | Weapon and its implications

PART V Legal and Ethical Aspects of Medical Practice

Chapter 22

Medical Education vis-à-vis Medical Practice

346

Ethics and moral in relation to medical practice | Various ‘codes’ of medical ethics | Constitution and powers of the Indian Medical Council | Constitution and powers of the State Medical Council | Code of ethics by Medical Council of India | Duties of doctors towards patients and towards each other | Duties of doctors towards the state

| Professional secrecy and privileged communication | Professional misconduct/infamous conduct/malpractice | Difference between unethical conduct and misconduct | Red Cross emblem policy

Chapter 23

Medical Negligence

361

Negligence and its various components | Medical negligence—differentiation from negligence in other fields | Mistaken diagnosis/errors of clinical judgement whether amount to negligence | Defensive medicine | Proof of negligence with particular emphasis on the doctrine of ‘res ipsa loquitur’ | Contributory negligence | Vicarious liability | Medical product liability | Criminalisation of negligence | Failure to take X-ray—whether amounts to negligence | Consumer Protection Act and medical negligence

Chapter 24

Consent to and Refusal of Treatment

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Chapter 25

Acquired Immunodeficiency Syndrome: Medical, Social, Ethical and Legal Implications

376 Healthcare worker(s) with HIV infection | Criminalisation of HIV transmission | AIDS and autopsies | Universal blood and body fluid precautions

Chapter 26

Abortion and Delivery

380

Chapter 27

Impotence, Sterility, Sterilisation and Artificial Insemination

393 Impotence and sterility | Examination of a case of impotency and sterility and expressing opinion | Causes of impotence and sterility in the male and female | Medicolegal aspects of sterilisation | Types, procedures, guiding principles and legal status of artificial insemination | Test tube baby | Concept of ‘wrongful pregnancy’, ‘wrongful birth’ and ‘wrongful life’ cases

Chapter 28

Nullity of Marriage, Divorce and Legitimacy

400

Chapter 29

Forensic Psychiatry

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mental illness | Restraint of the mentally ill | Civil and criminal responsibility of the mentally ill | Criminal responsibility for offence committed during intoxication | Sexual perversions/deviations (paraphilias)

Section 2 Forensic Toxicology

Chapter 30

Basic Considerations in Drugs/Chemicals

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Meaning of the terms pharmacology, drug, dose, therapeutic dose, effective dose, lethal dose, etc. | Routes of administration | Pharmacokinetics of drugs/chemicals | Pharmacodynamics of drugs/chemicals | Mechanism of action of drugs/chemicals | Analytical methods in toxicology | Classification of poisons

Chapter 31

Intricacies of Forensic Toxicology

438

Historical background of forensic toxicology | Concept and scope of toxicology | Definition of ‘poison’ and its implications | Statutes on drugs/poisons in India | Sections of IPC concerned with poisons and poisoning | Factors modifying action of drugs/chemicals | Concept of fatal dose | Evidence of poisoning in the living and the dead | Techniques of obtaining samples and interpretation of results | Relative toxicity of drugs/chemical

Chapter 32

Duties of a Doctor in Cases of Suspected Poisoning

448

Circumstances needing reporting to the police | Steps involving management of poisoning | Various types of antidotes | Principles of chelation therapy and various chelating agents

Chapter 33

Corrosive Poisons

454

Classification of corrosives and mechanism of action | Vitriolage and its medicolegal importance | Comparison of features of mineral acids | Medicolegal aspects of mineral acid poisoning | Source, clinical findings, diagnosis, management and medicolegal aspects of carbolic acid, oxalic acid and salicylic acid poisoning

Chapter 34

Nonmetallic and Metallic Irritants

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Features, diagnosis and management of poisoning by nonmetallic irritants like phosphorus and its medicolegal aspects | Features, mechanism of action, diagnosis and management of poisoning by metallic irritants like arsenic, lead, mercury, etc., and their medicolegal aspects | Features, mechanism of action, diagnosis and management of thallium poisoning

Chapter 35

Irritants of Plant Origin

476

Features, mechanism of action, fatal dose, fatal period and medicolegal aspects of important plant irritants

Chapter 36

Irritants of Animal Origin

481

Epidemiology and identification of snakes | Composition pharmacology and pathophysiology of snake venom | Toxicity resulting from bites of different types of snakes | Management of snake bite | Medicolegal aspects of snake bite | Features of irritant arthropods and attributes of their venom with medicolegal aspects

Chapter 37

Somniferous Group

489

Source, extraction and characteristics of opium | Alkaloids of opium | Mechanism of action and metabolism | Acute and chronic morphine poisoning | Features of ‘heroin’ poisoning with medicolegal aspects | Medicolegal aspects of ‘pethidine’ and ‘methadone’ poisoning

Chapter 38

Alcohol and Alcoholism

495

Source and consideration in various preparations | Consumption, absorption and elimination of alcohol with medicolegal aspects | Stages of alcohol intoxication with fatal dose and fatal period | Alcohol withdrawal syndrome | Drunkenness and its medicolegal aspects | Death in acute alcoholic poisoning | Collection and preservation of blood and urine samples | Alcoholism and drug dependency | Medicolegal examination in a case of alcohol intoxication

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Chapter 39

Non-narcotic Drug Abuse

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Methods and hazards of non-narcotic drug abuse | Toxicology and medicolegal aspects of barbiturates, amphetamines, tricyclic antidepressants, benzodiazepines, hallucinogens, cocaine and Cannabis, etc. | Drug abuse in sports

Chapter 40

Deliriant Poisons

518

Features of poisoning by dhatura and its alkaloids | Medicolegal aspects of dhatura poisoning

Chapter 41

Spinal Poisons

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Source, mechanism of action and features of strychnine poisoning with medicolegal aspects | Important poisons affecting peripheral nerves

Chapter 42

Cardiac Poisons

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Source, characters, mechanism of action, metabolism, features and management of nicotine poisoning | Nicotine replacement therapies | Medicolegal aspects of nicotine poisoning | Source, characters, mechanism of action and features of aconite and oleander poisoning

Chapter 43

Agro-Chemical Poisoning

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Classification and toxicity of various pesticides | Toxicology, management and medicolegal aspects of organophosphates, carbamates, organochlorine group of compounds | Toxicology of herbicides like paraquat, diquat, and rodenticides etc.

Chapter 44

Fumigants

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Toxicology, diagnosis and management of aluminium phosphide poisoning | Medicolegal aspects of aluminium phosphide poisoning

Chapter 45

Asphyxiants

546

Harmful action of hydrocyanic acid and its salts | Diagnosis and management of hydrocyanic acid poisoning with medicolegal aspects | Major air pollutants, their sources and harmful effects

Chapter 46

Poisoning in Conflict: Chemical and Biological Warfare Agents

552 Chemicals used in warfare | Toxicology of compounds causing pulmonary oedema and other complications | Biological agents used in warfare

Chapter 47

Hydrocarbons—Petroleum Distillates

558

Toxicity of hydrocarbons with medicolegal aspects | Abuse of volatile substances with medicolegal aspects

Chapter 48

Food Poisoning and Essential Metals’ Toxicity

562

Types of bacterial food poisoning | Toxicity of some harmful bacteria | Foods acting as poisonous materials | Food allergy | Essential metals’ toxicity

Annexures

Annexure 1

Scientific Aids to Investigative Techniques

571

Annexure 2

Proforma for Age Certification

573

Annexure 3

Proforma for Medicolegal Examination of Injuries

575

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Annexure 4

Proforma for Examination of a Victim of Sexual Assault

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Annexure 5

Proforma for Examination of an Accused of Sexual Offence

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Annexure 6

Issuing/Supplying Copies of Injury and/or Postmortem Reports (MLR and/or PMR)

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Annexure 7a

Penal Provisions Applicable to Medical Persons

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Annexure 7b

Penal Provisions Affording Protection to Medical Persons

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Annexure 8

Standard Weights/Measures/Dimensions of Organs/Tissues

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Index 585

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Section 1 Forensic Medicine

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A medicolegist must avoid talking too much, talking too soon and talking to the wrong persons.

PART I Of the Basics

Chapter 1 Introduction to Forensic Medicine and Indian Legal System

Chapter 2 Medicolegal Autopsy, Exhumation, Obscure Autopsy, Anaphylactic Deaths and Artefacts Chapter 3 Identiﬁ cation

PART II Of the Dying and the Death

Chapter 4 Death and Its Medicolegal Aspects (Forensic Thanatology) Chapter 5 Sudden and Unexpected Death

Chapter 6 Asphyxial Deaths Chapter 7 Infanticide and Foeticide Chapter 8 Thermal Deaths Chapter 9 Starvation and Neglect Chapter 10 Death by Electrocution

Chapter 11 Deaths Associated with Surgery, Anaesthesia and Blood Transfusion Chapter 12 Custody Related Torture and/or Death

PART III Of the Injured and the Injuries

Chapter 13 Injuries: Medicolegal Considerations and Types Chapter 14 Injuries by Blunt Force

Chapter 15 Injuries by Sharp Force Chapter 16 Injuries by Firearms Chapter 17 Injuries by Explosives Chapter 18 Regional Injuries Chapter 19 Transportation Injuries

PART IV Clinical Forensic Medicine

Chapter 20 Medicolegal Examination of the Living

Chapter 21 Complications of Trauma: Was Wounding Responsible for Death?

PART V Legal and Ethical Aspects of Medical Practice

Chapter 22 Medical Education vis-à-vis Medical Practice Chapter 23 Medical Negligence

Chapter 24 Consent to and Refusal of Treatment

Chapter 25 Acquired Immunodeﬁ ciency Syndrome: Medical, Social, Ethical and Legal Implications Chapter 26 Abortion and Delivery

Chapter 27 Impotence, Sterility, Sterilisation and Artiﬁ cial Insemination Chapter 28 Nullity of Marriage, Divorce and Legitimacy

Chapter 29 Forensic Psychiatry

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Introduction to Forensic Medicine and Indian Legal System

After going through this chapter, the reader will be able to describe: Ancient traditional writings describing considerations for regulating human behaviour and providing punishments, medical ethics, and medical practice for purposes of law | Explanation for the terms forensic, medicine, medical jurisprudence, legal medicine, forensic pathology, etc. | Police inquest | Magistrate’s inquest | Various Courts in India | Documentary and oral evidence | Exceptions to oral evidence | Procedure of recording evidence | Dying declaration and its importance | Kinds of witnesses | Doctor in the witness box

CHAPTER 1

Development of medicine can be considered as old as mankind. To the earliest man, medicine was known in the form of magic, witchcraft and worship of various objects of nature.

To protect themselves from their charlatan effect, the ancient men framed a set of regulations, which was the origin of medical jurisprudence. Manu (3102 BC) was the first traditional king and lawgiver in India. His famous treatise, Manusmriti, laid down the various laws prevailing in those days. It prescribed specific rules for marriages. Punishment for various offences was mentioned in it, viz., for adultery, seduction and carnal knowledge with force, incest, unnatural sexual offences, etc.

Mental incapacity due to intoxication, illness and age were also recognised.

The first treatise on Indian Medicine was the Agnivesa Charaka Samhita, supposed to have been composed about the seventh century BC. It lays down an elaborate code regarding the training, duties, privileges and social status of physicians. It can be considered as the origin of medical ethics. It also gives a detailed description of various poisons, symptoms, signs and treatments of poisoning.

A significant development occurred between the fourth and third century BC. The Arthashastra of Kautilya was the law code of this period. Penal laws were well-defined, medical practice was regulated and medical knowledge utilised for the purposes of law. Sushruta, the father of Indian Surgery, was another famous authority in the Indian system of medicine.

Sushruta Samhita was composed between 200 and 300 AD. The chapters concerning forensic medicine were so carefully written that they are in no way inferior to modern knowledge on the subject.

During the medieval period, India was invaded by foreign powers like Turks, Mongols and Mohammedans. Civilisation and culture of India suffered a serious setback in all respects. The Portuguese, the Dutch, the French and the British also invaded the country and ultimately, the British ruled over the country from the middle of the eighteenth century to the middle of the twentieth century. In 1822, the first medical school was established in Kolkata and converted into Medical College in 1835.

The first chair in Medical Jurisprudence was instituted in Calcutta Medical College in 1845, and Dr. CTO Woodford was the first Professor of Medical Jurisprudence in the country. It is obvious that the subject was born as a concrete separate branch of medical discipline by dint of its own merit, until it reached its present status. The history of the subject is the ‘key to the past, explanation of the present and/or signpost for the future.’

While introducing the subject of Forensic Medicine, the natural and obvious query that appears in one’s mind is about the meaning and scope of the words ‘forensic’ and ‘medicine’.

The word ‘forensic’ has been derived from the Latin word

‘forensis’, which implies something pertaining to ‘forum’. In Rome, ‘forum’ was the meeting place where civic and legal matters used to be discussed by those with public responsibility.

Thus, the word ‘forensic’ essentially conveys any issue related to the debate in the courts of law. The word ‘medicine’ carries wide import. Broadly, it may be considered as a science for pre- serving health and effecting cure. From the interaction of these two professions, medicine and law, has emerged the discipline/

subject of Forensic Medicine, i.e. application of medical and allied knowledge and expertise towards the administration of

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justice. Forensic Medicine was earlier known as ‘Medical Jurisprudence’. It was also termed as ‘State Medicine’; this term was recommended by Dr. Stanford Emersion Chaille (1949) and was developed to regulate the code of conduct for registered medical practitioners, to guide and regulate the professional activities of the doctors and to standardise and supervise the medical practice in the country. In Europe and United States, the term ‘Legal Medicine’ (application of medical knowledge for solution of legal problems) is often preferred. However, in most parts of the world, the description

‘Forensic Medicine’ is widely accepted. In short, it denotes

‘medical aspects of law’, whereas the term ‘Medical Jurisprudence’ (Juris = law, and Prudentia = knowledge) denotes application of knowledge of law in relation to practice of medicine.

Whatever may be the name, the subject spreads into almost every branch of medicine and is certainly not confined to criminal matters. It covers responsibilities of doctors towards the State, patients and towards each other. With the enormous advances in knowledge and technology during the past decades, the fields like Forensic Odontology, Forensic Osteology, Forensic Biology, Forensic Ballistics, Forensic Psychiatry and Forensic Serology, etc. have come to be recognised as speciali- sations in themselves. Forensic Pathology essentially deals with interpretation of autopsy findings in a medicolegal investigation of death. It still rests largely on the principles of morbid anatomy.

Forensic medicine plays a remarkable role in guarding safety of each individual and also in ensuring that any accused is not unjustly condemned. Instances may be legion, but a single illustration would be sufficient at this juncture: a man may die of coronary thrombosis while walking on a road and sub- sequently be run over by a vehicle and the driver charged with

‘culpable homicide not amounting to murder’. Histochemical and biochemical studies of the injured tissue would establish the postmortem origin of the injuries and the examination of the coronary vasculature will reveal the presence of disease;

thereby clearing the issues and helping in the disbursement of justice when the concerned doctor is called upon to depose in a court of law. It is obvious that if the medical aspects of such cases are not interpreted in a proper forensic perspective, pans of justice may remain ill-balanced.

Indian Legal System

Although the terms ‘Medical Jurisprudence’, ‘Legal Medicine’

and ‘Forensic Medicine’ are commonly used to denote the branch of medicine that deals with the application of knowledge of medicine for the purpose of law, yet they bear different implications. Medical Jurisprudence embraces all medical issues affecting social rights/obligations of the individual as well as the doctors and brings the medical practitioner in

contact with the law. Thus, medical jurisprudence deals with the legal aspect of medical practice, whereas Forensic Medicine deals with the application of medical knowledge towards administration of justice. It is, therefore, essential for a medicolegal expert to have a fair knowledge of all the branches of medical and ancillary sciences. It is often required to invoke the aid of these subjects in the elucidation of various problems of medicolegal interest. Forensic Medicine is a practical subject.

Class lectures should, therefore, be illustrated with practical examples and students should get ample opportunities to observe and discuss cases of varied magnitude. They should be carried to the courts to observe lively debate of the opposing counsels.

Following is the further discussion of the various important components of Indian legal system. Table 1.1 describes the categories of courts and their respective powers.

Legal Procedure at an Inquest

Inquest (in = in; quasitus = to seek) means legal or judicial inquiry to ascertain a matter of fact. In forensic work, an inquest implies an inquiry into the cause of death that is appar- ently not due to natural causes. Such an inquiry/investigation into sudden/suspicious/unnatural death is obviously necessary to apprehend and punish the offender. For various indications of inquest see Fig. 1.1 and Flowchart 1.1.

POLICE INQUEST

The inquest is held by a police officer (called Investigating Officer) not below the rank of Senior Head Constable.

Procedure

Police officer, on receipt of information of death, proceeds to the place of occurrence and holds an inquiry into the matter in the presence of men of the locality.

He takes all reasonable steps to investigate the case and writes a report describing the appearance of the body, wounds (how were they caused and by what weapon).

The witnesses are called panchas (Panch witnesses or Panchayatdars). He obtains the signatures of the witnesses there and then. (Witnesses should preferably be some respectable persons of the locality/area.) The inquest report so prepared is known as panchnama.

If no foul play is suspected, the dead body is released to the relatives of the deceased for disposal.

In every case where death appears to have been due to suicidal, homicidal, accidental or suspicious causes, or where it appears to the officer conducting the investigation (whether under Section 157 or 174 CrPC) expedient to do so, the body is to be sent for the postmortem examination to the nearest medical officer of the government hospital/dispensary

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5 Introduction to Forensic Medicine and Indian Legal System

Chapter 1

Section 1PART I Of the Basics

Table 1.1 Categories of Courts in India

Court Powers Supreme Court: Highest judicial tribunal of India, situated in

New Delhi

Can pass any sentence. Usually considers appeals from lower courts. It can sustain or alter the punishment approved or awarded by the High Court

High Court: Highest judicial tribunal of the State, usually situated in the capital of the State

Can pass any sentence. Usually exercises appellate jurisdiction.

Confirmation of death sentence passed by the Sessions Court Sessions Court (Sessions Judge): Highest judicial tribunal of

the District, usually situated at the district headquarters

Can pass any sentence. However, death sentence has to be confirmed by the High Court

Additional Sessions Judge: High Court may appoint Additional Session Judges to exercise jurisdiction in a Court of Session

Same as Sessions Court

Assistant Session Judge: High Court may also appoint Assistant Session Judges depending upon the demands. Such court may be situated at district headquarters or any other place considered suitable

Can pass any sentence except death sentence, life imprisonment or imprisonment exceeding 10 years

Chief Judicial Magistrate/Chief Metropolitan Magistrate:

In every district, High Court shall appoint a Judicial Magistrate of first class having sufficient experience to be the Chief Judicial Magistrate (in the Metropolitan area, it is called as Chief Metropolitan Magistrate)

Can pass any sentence except a sentence of death or of imprisonment for life or of imprisonment exceeding 7 years.

Fine without limit. However, Section 63 IPC lays down that where no sum is expressed to which the fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive; that is to say that the amount of fine imposed should be within the means of the accused to pay though he must be made to feel the pinch of it. Imprisonment in default of fine should also be long enough to induce the accused to pay the fine rather than suffer the imprisonment Judicial Magistrate (First Class)/Metropolitan Magistrate Can pass sentence of imprisonment for a term not exceeding

3 years or of fine not exceeding ^| 10,000, or both Judicial Magistrate (Second Class)

(In every district, as many courts of Judicial Magistrates of first class and of the second class may be established as the state government may, after consultation with the High Court, specify by notification)

Can pass sentence of imprisonment for a term not exceeding 1 year or of fine not exceeding | 5000, or both

Special Judicial Magistrates: Government may, after

consultation with the High Court, establish one or more special Courts of Judicial Magistrate of first class or the second class to try any particular case or particular class of cases. Such magistrates may be appointed for any term, not exceeding 1 year at a time

High Court may empower such Special Judicial Magistrates to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside its local jurisdiction

or some private institution having been authorised for conducting medicolegal postmortems. The doctor, after conducting the postmortem, should handover the postmortem report and the dead body to the police there and then.

Chapter 25 of Punjab Police Rules, Volume III, deals with the investigation by the police. Rule 25.31 is concerned with the inquest, and Rule 25.35 deals with the ‘Inquest Report’. The investigating officer has to draw up the report in Forms 25.35 (1) A, B or C in accordance with the manner in which the deceased person appears to have died,

viz.: Form A—death due to natural causes; Form B—death by violence and Form C—death by poisoning. The report is signed by the police officer conducting the investigation and by so many of the persons assisting in the investigation.

Such report must contain documents like (i) plan of the scene of death, (ii) inventory of clothing, (iii) list of articles on and with the body and (iv) list of articles sent for medical/

chemical examination, etc. [It has been stressed by the Apex Court that the officer holding the inquest on a dead body should hold the inquest on the spot—KP Rao vs. Public Prosecutor, 1975, SCC (CV) 678].

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Abortions

Homicide Death in

custody

Industrial diseases Drugs and/or poisons

Suicide

Industrial accidents

Domestic accidents Road accidents

Infant deaths Operational death

Allegations of negligence

Sudden death

INQUEST

Fig. 1.1 Diagrammatic illustration showing indications for inquest.

Magistrate’s Inquest (Section 176 CrPC)

To be conducted by District Magistrate/Sub-divisional Magistrate/Executive Magistrate/Judicial Magistrate

• Suicide

• Homicide

• Killing by any animal or machinery or accident, etc.

• Death under circumstances raising a reasonable suspicion that some other person has committed an offence

• Death of a woman within 7 years of her marriage and any relative of the woman has made a request in this behalf

Police Inquest (Section 174 CrPC) To be conducted by Officer In Charge of a police station or some other police officer empowered by the

Govt.

• Suicide by a woman within 7 years of her marriage

AND

• Death of a woman within 7 years of her marriage in the circumstances raising a reasonable suspicion that some other person has committed an offence in relation to such woman.

(Inquest in these two circumstances shall be held by the magistrate)

• In any case mentioned under the police inquest but excluding two circumstances as narrated, magistrate may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police

(a) When any person dies or disappears, or

(b) Rape is alleged to have been committed on any woman; while

such person or woman is in the custody of police or in any other custody. (The inquiry shall be

held by the judicial magistrate or the metropolitan magistrate in

addition to the inquiry or investigation held by the police)

Wherever it is considered expedient to make an examination of the dead body of any person who has been already interred, the magistrate may cause the body to be disinterred and examined to discover the cause of death

Flowchart 1.1 Circumstances necessitating police or the magisterial inquest/inquiry.

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7 Introduction to Forensic Medicine and Indian Legal System

Chapter 1

MAGISTRATE’S INQUEST

Section 176 CrPC concerns with the inquiry by a magistrate into the cause of death. This Section appears to have been based on the assumption that it is not always safe or advisable to rely upon the inquest/inquiry made by the police. Flowchart 1.1 shows the circumstances necessitating police or the magisterial inquest/inquiry.

MEDICAL EXAMINER’S SYSTEM

This is a type of inquest conducted in most of the states of USA. As the name suggests, under this system, a medical person is appointed to hold an inquest. The medical person usually visits the scene of crime and, thus, is able to gather first-hand evidence that is interpreted in proper perspective owing to his knowledge of medical science. The autopsy is also conducted by him. This system, therefore, is far better than the other sys- tems where non-medical person conducts the inquest. How- ever, the medical person has no power to summon witnesses and examine them under oath. He submits his report to the district attorney for further action.

Juvenile Justice Board

To provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles, the Juvenile Justice Act, 1986 was enacted by the Parliament. On 20th November, 1989, the General Assembly of United Nations adopted the Convention on the Rights of Child emphasising social reintegration of child victims without resorting to judicial proceedings. The Government of India has ratified the convention on 11th December, 1992. And therefore, the Juvenile Justice Act, 1986 was repealed and replaced by the present Act, i.e. The Juvenile Justice (Care and Protection of Children) Act, 2000. As per this Act, a ‘juvenile’ or a ‘child’ means a person who has not com- pleted eighteenth year of age, and a ‘juvenile in conflict with law’ means a juvenile who is alleged to have committed an offence.

Medical Evidence

Medical evidence may be defined as the legal means to prove or disprove any medicolegal issue in question. It may be of two types:

Documentary

Oral

DOCUMENTARY EVIDENCE

It comprises all documents written or printed to be produced before court for examination during the course of trial. It may include the following documents:

Medical Certificates (in relation to ill health, death, insanity, age, sex or pensioned disabilities, etc.).

Medical Reports (injury report, postmortem report, report on sexual offences, pregnancy, abortion or delivery etc.).

Dying declaration.

Miscellaneous (expert opinion from books and deposition in previous judicial proceedings, etc.).

ORAL EVIDENCE

This means and includes all statements that the court permits or requires to be made in relation to matters of fact under inquiry. According to Section 60 Indian Evidence Act (IEA), the oral evidence whenever possible must be direct. It must be the evidence of that person who has personal knowledge of facts in relation to the particular incidence, i.e. it must be the evidence of an eyewitness. Accordingly, if the oral evidence refers to a fact that could be seen, heard or perceived in any other manner, it must be the evidence of that person who has himself seen, heard or perceived it. If it refers to an opinion, it must be the evidence of that person who holds that opinion.

Hearsay or indirect evidence is the evidence of a witness who has no personal knowledge of the facts but repeats only what he has heard others saying.

Oral evidence is more important than documentary evidence because it admits of cross-examination for its accuracy.

While it is desirable that oral evidence must always be direct and subject to cross-examination, there are circumstances when this is either not possible or strictly necessary. In these cases, the report/observation or statement of the person who has actually heard or perceived a thing or witnessed/examined the particular incidence is accepted as such. These exceptions are enumerated as follows:

Dying declaration: Although this is hearsay or indirect evidence, this is accepted in court as legal evidence in the event of the victim’s death, as it is presumed that dying peo- ple will speak the truth during the last moments of their life.

Expert opinions expressed in a treatise: According to Section 60 IEA, expert opinions printed in books commonly offered for sale, are generally accepted as evidence on the production of such treatise without oral evidence of the author.

Deposition of a medical witness taken in a lower court: Under Section 291 CrPC, this is accepted as evidence in a higher court when it has been recorded and attested by a magistrate in the presence of the accused or his lawyer who had an opportunity of cross-examining the witness.

The medical witness is, however, liable to be summoned

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again if his evidence is deficient in any respect or needs further elucidation.

Evidence given by a witness in a previous judicial proceeding: Under Section 33 IEA, this is admitted as evidence in a subsequent judicial proceeding or in a later stage of the same judicial proceeding when the witness is dead, untraceable or incapable of giving evidence or cannot be called without unreasonable delay or expense to the court.

Statements by persons who cannot be called as wit- nesses: Under Section 32 IEA, these are admissible as evidence when the person who made them is either dead, untraceable or has become incapable of giving evidence or cannot be called without unreasonable delay or expense to the court.

Report of certain government scientific experts: Under Section 293(1) CrPC, reports of certain government scientific experts are usually admitted in the court as evidence without their oral examination. However, under Section 293(2) CrPC, the court is given discretionary power to summon and examine them if their report is found inadequate or there is some specific request from the prosecution or the defence. Under 293(3), where any such expert is summoned by a court and he is unable to attend personally, he may, unless the court has expressly directed him to appear personally, depute any responsible officer with him to attend the court, if such officer is conversant with the facts of the case and can satisfactorily depose in court on his behalf. The names of the Government Scientific Experts whose reports are admissible as evidence as such in inquiry, trial or other proceeding mentioned under 293(4) are (i) Chemical Examiner or Assistant Chemical Examiner, (ii) Chief Controller of Explosives, (iii) Director of Fingerprint Bureau, (iv) Director of Haffkine Institute, Mumbai, (v) Director/Deputy Director/Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory, (vi) Serologist and (vii) any other Government Scientific Expert specified by notification by the Central Government for this purpose.

Public records: A record kept in the public office, for example, birth and death certificates, certificates of marriage, etc.

Hospital records: Routine entries such as date of admis- sion, date of discharge, pulse, temperature, etc. are admissible without oral evidence. However, the nature of disease, the treatment given or the diagnosis accomplished, etc. are not accepted without oral evidence.

Dying Declaration

The Legislature in its wisdom has enacted in Section 32(1) of the Evidence Act that “when the statement was made by a person as to the cause of his/her death or as to any of the circumstances

of the transaction that resulted in his/her death in cases in which the cause of that person’s death comes into question, such a statement (written or verbal) made by the person who is dead is itself a relevant fact”. This provision has been made by the Legislature, probably, on two grounds—(i) the victim being generally the only eyewitness to the happening/transaction, the exclusion of his/her statement would tend to defeat the ends of justice and (ii) the sense of impending death that creates a sanction equal to the obligation of an oath. The provision has been laid as a matter of sheer necessity by way of an exception to the general rule that hearsay is no evidence and the evidence that has not been tested by cross-examination is not admissible.

That being the importance of dying declaration, as far as possible, dying declaration should be recorded in the manner pro- vided in the rules, i.e. Rules 3 to 10 of Chapter 13-A of Rules and Orders of Punjab and Haryana High Court, viz.:

Fitness of the declarant to make the statement should be got examined.

The statement of the declarant should be in the form of a simple narrative.

Signature or thumb impression of the declarant to be obtained in token of the correctness of the statement.

When death is imminent in the opinion of the doctor, the statement may be recorded by the doctor or the police officer without losing time in waiting for the magistrate. In such a case, the police or the doctor concerned must note down why it was not considered expedient to apply to the magistrate for recording the statement or to wait for his arrival.

When the statement is recorded by a doctor or a police officer, it shall, so far as possible, be got attested by one or more of the persons who happened to be present at that time.

Fitness of the declarant to make a statement to be certified by the magistrate or other officer concerned, at the conclu- sion of the statement.

The statement should be free and spontaneous without any prompting, suggestion or aid from any other person.

The magistrate, the doctor and the police officer must all realise that the welfare of the injured person should be their first consideration and in no circumstances proper treatment be impeded or delayed simply to obtain the statement.

(Such procedure of recording dying declarations should not be deviated and it is only in emergent and unavoidable circumstances that the departure from these rules may still not vitiate the authenticity of the statement.)

ADMISSIBILITY OF DYING DECLARATION—

DIFFERENCE BETWEEN ENGLISH AND INDIAN LAW

Under the English law, it is essential to the admissibility of dying declaration that declarant must have entertained a settled

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9 Introduction to Forensic Medicine and Indian Legal System

Chapter 1

hopeless expectation of death, but he need not have been expecting immediate death. Indian Law does not put any such restriction. It is not required under the Indian law that the maker should be expecting imminent death, also is it not restricted to the cases of homicide only. Before the dying declaration may be admitted, it must be proved that its maker is dead. If the maker survives, it may be used to corroborate or contradict his statement in the court.

ELIGIBILITY OF STATEMENTS

There are certain pre-requisites to the admissibility of statement under this Section. The court has to be convinced that the witness, whose statement is offered, is dead, or cannot be found, or has become incapable of giving evidence or unreasonable delay or expense is involved in producing him. What is unreasonable delay or expense is in the discretion of the court.

STATEMENTS: WRITTEN OR VERBAL

‘Verbal’ means by words. It is not necessary that the words should be spoken. The words of another person may be adopted by a witness by a nod or shake of the head. If the significance of the signs made by a deceased person in response to questions put to him/her shortly before his/her death is established satisfactorily to the court, then such questions, taken with his/her assent to them, constitute a verbal statement as to the cause of his/her death (Pandian Kumar Nadar vs.

State of Maharashtra, 1993 CrLJ 3883).

CIRCUMSTANCES OF TRANSACTION THAT RESULTED IN DEATH

The word ‘death’ appearing in the Section is inclusive of suicidal or homicidal death. The statement must be as to the cause of declarant’s death or as to any of the circumstances of the transaction that resulted in his death. The statement admissible under this clause may be made before the cause of death has arisen, or before the deceased has reason to anticipate being killed. The expression ‘any of the circumstances of the transaction that resulted in his death’ is wider in scope than the expression ‘caused his death’.

PROXIMITY BETWEEN TIME OF STATEMENT AND THAT OF DEATH

The problem of proximity was for the first time raised before the Supreme Court in Sharad vs. State of Maharashtra. A mar- ried woman had been writing to her parents and other relatives about her critical condition at the hands of her in-laws. She lost her life some 4 months later. Her letters were sought to be proved as a dying declaration. The court held that the statements were not so remote in time as to lose their proximity with the cause of death.

PERSON TO WHOM DYING DECLARATION SHOULD BE MADE

It is immaterial to whom the dying declaration is made. The declaration may be made to a magistrate, a police officer, a public servant or a private person. It may be made before a doctor, indeed he would be the best person to opine about the fitness of the dying man to make the statement and to record the same, where he found the life was fast ebbing out of the dying man and there was no time to call the magistrate or the police.

In such a situation the doctor was justified, indeed he was duty bound to record the dying declaration. The declaration may take the form of first information report, or a statement before the police (Section 162 CrPC not declaring it inadmissible by reason of its having been made in the course of investigation by the police) or it may be in the form of a complaint, or a statement under Section 164 CrPC or a deposition before the committing magistrate in which case it may also become admissible under the next Section. The declaration should be taken down in the exact words that the person uses, in order that it may be possible from those words to arrive at precisely what the person making the declaration meant.

MORE THAN ONE DYING DECLARATIONS

When there are more than one dying declarations of the same person, they have to be read as one and the same statement for proper appreciation of the value and, if they differ from each other on material aspects, efforts should be made to see if they could be reconciled. If there was a reasonable explanation for the difference, the statement may be taken at par with an omis- sion covered by explanation to Section 161 CrPC and be considered as a matter of fact in each case on its own strength (Radhy Shyam vs. State of UP 1993 CrLJ 3709).

INCOMPLETE DYING DECLARATION

An incomplete dying declaration is inadmissible. When the person making the declaration dies before completion of his statement, no one can tell what the deceased was about to add.

But where all the necessary questions had been asked by the magistrate, or the doctor and replied by the deceased, and a couple of concluding questions were not answered by the deceased on account of becoming semi-conscious or uncon- scious, the dying declaration may not be regarded to be incomplete (Kusa vs. State of Orissa 1980 SC 559).

DYING DECLARATION NEED NOT BE EXHAUSTIVE Under the law, a dying declaration need not be exhaustive and need not disclose all the surrounding circumstances. Indeed, quite often, all that the victim may be able to say is that he was beaten by a certain person or persons. That may either be due to suddenness of the attack or the conditions of visibility or because the victim was not in a physical condition to recapitu- late the entire incidence or to narrate it at length. In fact, many

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a time, dying declarations that are copiously worded or neatly structured, excite suspicion for the reason that they bear trace of tutoring (Munnu Raja vs. State of MP 1976 SC 2199).

EVIDENTIARY VALUE—NEED FOR CORROBORATION

The human mind is so constituted as to be inclined to attach high degree of importance to dying declarations, and it is necessary that the court should attach due weight to the points for and against the declaration. Although declarations made under a solemn sense of impending death and the concerning circumstances wherein the deceased is not likely to be mistaken are entitled to great weight, it should always be recollected that the accused has no opportunity of cross-examination and that when the witness has no deep sense of accountability, feelings of anger or revenge (or in case of mutual conflict, the natural desire of screening his own misconduct) may affect the accuracy of his statements and give a false colour to the transaction. Moreover, the particulars of the violence to which the deceased had spoken are likely to have occurred under circumstances of confusion and surprise and leading both to mistakes as to identity of the person and to the omissions of facts essentially important to the completeness and truth of the narration.

Procedure for Examination of a Witness in the Court

SUMMONS

Summons (plural: summonses) literally implies an authoritative call to appear in a court. It is a written document issued by the court in duplicate (original + copy) bearing signature of the presiding officer of the court or of such an officer as the High Court may, from time to time, direct. It also carries the seal of the court. The service of the summons may be effected by the following means:

Through