This is because the law presumes that such a person can not have a guilty mind or mens rea as some like to call it. Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by that common object and that object is one of those set out in Section 141. His actions now know of no barriers. That the earlier investigation was unfair and was more an attempt to make Sri Satyam Babu a scapegoat, than to bring the guilty to book, is evident from the failure of police officials to take the investigation to its logical conclusion. Since the refractive indices of all glasses differ minutely, comparison of the refractive indices of glass pieces found at the accident site with the glass of the suspect car may offer a useful clue. It is not necessary for the police officer to record any statements from them or get them to sign the inquest report. The Division Bench concluded that the investigating agencies had not taken the investigation to its logical end regarding various suspects such as the cook-P.
The Police Inquest:- The police inquest is held under section 174 of the Criminal Procedure Code Commonly referred to as Cr. No Trait Coroner's court Magistrate's court 1 Type of court It was only a court of enquiry. The Division bench further observed that, in her evidence, the victims mother had stated that the Police suspected Siva Anjayaneyulu cook , and also the maternal uncle of the deceased; they had also suspected Guruvindar Singh Laddu and Upendra Singh, before pitching on to the accused; she stated that the investigation was not conducted on proper lines; top Police Officials had interrogated her distant relative, and had brought pressure on him to admit his involvement; as he refused, he was finally handed over to their family; they had received a threatening call that their second daughter would also be killed, as they had killed the deceased; in that connection, she had met the Additional Director General of Police and the Commissioner of Police; on 29. In ancient India too, medical opinion was frequently applied to the requirements of the law. Every acquittal should be understood as a failure of the justice delivery system, in serving the cause of justice. The High Court did not find any substance in these pleas.
By cleverly applying that principle Archimedes could show that the gold crown indeed had been adulterated with silver, and consequently the goldsmith was executed. In this case he would return an open verdict. In addition to the above 3 cases in which a magistrate is legally bound to hold an inquest, the magistrate reserves the right to hold an inquest in any other case of death which he deems fit. What necessitates examination, in these writ proceedings, is whether a fresh or a denovo investigation should be caused? This system was effective and was adopted by other countries in due course of time. It was actually meant as a handbook for applying medical knowledge to the solving of crimes and to the work of the courts. It was highlighted that in the panchanama prepared under Section 174 of the Code names of accused persons were not indicated and that adds vulnerability to the prosecution version. Introduction To Forensic Medicine And Legal Procedures Prevalent In India - Part I.
But the case diary indicated that both these witnesses had stated before the police that Harkirat Singh was armed with a dang stick and that one of the other accused Raghbir Singh had a pistol and that he fired at the deceased. But the book does contain valuable instructions for the examination of corpses. That, however, does not make the converse proposition true; there may be cases which would come within the second part but not within the first part. And fearsome, on account of his having remained unaffected by the brutal crime committed by him. The inquest report prepared by the police submitted to the concerned Executive Magistrate. All witnesses need not be examined in an inquest because it is concerned with establishing the cause of death and only such evidence necessary to establish it, need be brought out. C, the right of the police to further investigate is not exhausted.
The order of the Court should, unambiguously, state whether the previous investigation, for reasons to be recorded, is incapable of being acted upon. Later on the coroner system was removed from Calcutta, and still later from Bombay too. He would be concerned mainly with the investigation into obscure, suspicious and unnatural deaths. If the police officer finds that there is no foul play, he may hand over the body to the relatives for cremation or disposal in any other way in accordance with the person's religion. Medical Ethics :- Medical ethics deal with the moral principles which should guide members of medical profession in their dealings with one another, with their patients and with their State. Civil Lines started the investigation. It discusses the problem of whether dead bodies found in water have been actually drowned, or killed beforehand, as well as the question of whether a body was burned before or after death-in other words, whether a fire had been set in order to cover up a preceding murder.
An analysis of blood stains found at the scene of crime require the application of biology Forensic Biology. Nowhere conducted now Conducted all over India. It is respectfully submitted that the Hon'ble Supreme Court seems to have misunderstood the analysis of the High Court. The medical officer conducts the autopsy and then prepares the post-mortem report in duplicate. Manohar Lal Sharma14; Committee for Protection of Democratic Rights. Further investigation, therefore, is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started ab initio wiping out the earlier investigation altogether. It must be immediately connected with the common object by virtue of the nature of the object.
Non examination of Shah Alam who is supposed to be injured witness also has relevance. Sometimes the Coroner might discover that some foul play has been involved in the death of the person, yet he may be unable to identify the culprit s. One important and relevant factor, which has been noticed by the trial court and the High Court, is that the jeep was kept in starting position. Thereafter, he is to proceed to the crime scene and prepare the inquest report. 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. The contradiction in these two documents shows that the investigation was not fairly conducted in this case.
Secretariat Buildings at Velagapudi, Amaravathi, Guntu Counsel for Petitioners: Ms. Out of 6 accused persons, accused Shakir absconded and he had not faced trial. But it might become relevant under section 8 of the Evidence Act. Woman who could pay the demand after marriage were either brutally treated or they were murdered. If the called witness fails to appear in his court, he would be liable to punishment as prescribed under sections 174, 175 and 176 of the Indian Penal Code. This practice helps the untruthful police officers to mould statements in the way they like, sometimes to the utter dismay of the witnesses.
Unlike books on other medical subjects, in this specialty, you would encounter a lot of real cases sizzling with crime, conspiracies and intrigue. Placing reliance on the evidence of the prosecution witnesses, the trial Court found the accused persons guilty. Once the Court satisfies itself that a proper investigation has been carried out, it would not venture to take over the functions of the Magistrate or pass any order which would interfere with his judicial functions. X-1 to X-5 were marked through witnesses. Let us imagine that in the above case, he finds the following facts i the woman was married for more than seven years, and was having very good relations with her husband and in-laws; there had never been a demand for dowry ii The parents of the girl assert that they do not suspect her in-laws and that their behavior towards their daughter had been very good and exceptional iii The deceased had given statement during her illness that she was burnt accidentally during cooking iv All the neighbors of the woman say that the relations of the woman were very good with her husband and her in-laws, and they never saw them fighting, and v on viewing the body, no signs of injury other than burns are found. The guidelines issued in this regard have been summarised below.