MEDICAL JURISPRUDENCE AND TOXICOLOGYA TEXTBOOK OF MEDICAL JURISPRUDENCE AND TOXICOLOGY BY JAISING P, MODI, LR GP aS. (Edln ), LBP PLS (Glagow)PREFACE 'To THE TENTH EDITION Every endeavour has been made to revise the present edition and to bring at up to date by discarding some old references and inserting news and recent ones and by making suitable changes m the chapters on Toxicology necessitated by the publication of the new edition of the British Pharmacopoua im the year 1045 exen though less than two 3 eare have clapsed since the issue of the nmth edition Consequent on the constitutional changes which oceurred on the Jhth August, 1947, 1t has been found necessary ta mahe certain changes in sections dealing with the Indian Medica! Council Act, 1933 Tdesire to express my sincere thanks toDr P Venkat Rao Chenven| Examuner to the Government of Madras for valuable assistance m revising chemical tests for the rdentifiention of certain mdigenous poisonous plants, toDr S KK Chatter Chemical Dxammner to the Gosernment of West Bengal for supplying notes of mteresting medico-legal coscs mvestigated m Ins department during the last three ycnrs, and to Dr G B Sahay Principal and Professor of Forensic Vedieme, Medieal College, Darbhanga for useful suggestions and for permission to meor porate im the text cases imyolving important medico legal problems that came under Ins notice during recent \carePREFACE TO THE FIRST EDITION Is accordance with the wishes of the Prmeipal of the Agra Medteal School and the Examuner in Medical Jurisprudence, this bool has been written chiefly as a text book for students reading in medical schools and colleges, but m the hope that st may also prove useful to medical and legal practitioners 1 have tried to meerporate my pracheal expenence as a metheal yurst for about fifteen ) ears and as a lecturer an this subject tn the Agra Medical School for eleven years and since then im the Luchnow Medical College [have alco given m the form of appendices copies of Government orders im relation to medico egal work, and certain sections of the Indian Evidence Act, Criminal Procedure Code Indian Penal Code Lunacy Act, Poisons Act, ete, which have a direct bearing on legal medicine The students of medical schools and colleges while reading for their exarunations may conveniently omit the text prmted in smaller type wluch not being included in therr course, ts meant only for practitioners Imust adimt my responsibilty for the opimons expressed m the text, though m the preparation of this book T have freely consulted various text books and periodicals to the authors of which J acknowledge ms grateful thanks Thave also to express sincere thanks to Dr CD H. Hankin WA, Se D, Chemical Exammer and Bacteriologist to the Gotcrnment of the United Provinces, for his Jundness in revising certain parts of the manuscript and for much valuable assis tance and suggestions, especially in the section on Torucologs and to Lreutenant Colonel E J O'Meara OBF FRCS,IMS, Prncipal, Agra VWedical School, wba has tendered exer, assistance ta facihtate the completion of the hack. In conclusion, I further desire to acknowledge my great indebtedness to Mr H. Mio Rogers of Messrs Butterworth s for assisting me in reading the proofs LUCKNOW, JP MODE 1920CONTENTS Sxcrroy L—MEDICAL JURISPRUDENCE Cuarr £1—Lican Procupunn rs Creuxin Counrs *T1—Prrsonan Jornrity —.. o e TH.—Posr-Mortr Exaxination (AvTorsy) IV.—Esnuwarion eee V.—Exasnyarion or Bioop Anp Srsinar Srarns anp or Hamm VI.—Deatn is irs Mupico-Leean Asp cts VIL—Dratns rrom Aspirysta Vilt.—Draru rrox Srarvairo\, Coup ino Hear TX.—Deatu rrom Bunxs, Scanns, Licnrninc wn Ev.crricrry » X—Merenaniea, Insunirs XL—Tur Meptco Lrean Asrrcrs or Wounns XIL—Reatoxan Txsunics . . NEE—Turorence ano Srrmuty —.. XTV.—Vimamiry, Proeyancy anp Druivery os XV.—Leorrmacy . tees . . XVIL—Seauan Orrrncrs a . . SVIT.—Miscanntace . . a VIIL.—Isranticipr i “ . . . XIX.—INsanity asp tvs Mrpico-Lecan Asrrcis .. XX.—Law ts Reiation ro Mrpican Men 1 Secrion 1.—TOXICOLOGY — XXI—Porsoxs anp trem Mepico-Lrean Asrrers XXIL—Corrosve Porsons . . os we XXE.—~Ineiranr Porsons on oe . . XXIV.—Inwranr Porsons—(Continved) oe oe 389 409 437 468 480CHAPTER . XXV.—Inpirant Poisons—(Continued) os XXVIL—Innirant Porsovs—(Continued} a XXVIL—Inzitaxt Porsoxs—(Continued) . XXVITE—Nevrotic Porsovs . . .- XXIX.—Cenesra, Porsons—(Continued) . XXX.—Ceuenran Porsoys—(Contineed) . XXXI—Sprnan Powoxs . - “ 1 XXXI—Canorac Porsons : SXXXIM—Asrnysiavrs ([nREsPraBLe Gasrs) .. XXXIV.—Penipnenat (NeuRAL} Porsows . APPENDIX I.—Questions to be put to Medical Witnesses If—The Tndian Tvidence Act II.—The Code of Criminal Procedure IV.—The Indian Penal Code .. . ¥.—Forms Required by the Indian Lunacy Act, 1912MEDICAL JURISPRUDENCE AND TOXICOLOGY SECTION I MLDICAL JURISPRUDLNCL CHAPTLR I LLG th PROCLDURT IN CRIMINAL COURTS Definition —Vedhea! Jurisprudence Torensie Vedieme and Tegal Vedieme “re synonymous terms used to denote that branch of State Medicine which treats of the euvlication af-th he principles and knowledge of medicine to the purps es, v fe Jon, both oniland crim ~Te docs not include Sanitation, 105 mene or Pubhe Health, both this and VWedical Jurisprudence being distinét breénches of State Medicine Viedieal Jurisprudence proper as distinguished from Wy senc embraces all questions which affect the civil or social rights of mdinduals and taguries to the person and bring the racdical man into contact with the lw while Toxicology deals with the diagnosis symptoms _and treatment of poisons and the method i < of deteetin, thém In lus professional career the medical niin will have frequently to give evidence ws a medical jurist ma court of law te prove the innocence or ganlt of lis fellow subjects, or to authenticate or disprove a crimunnl charge of assault rape or murder brought agnmst an individual fe must: remember thit as a medical Just, jus responsibility 1s vers great for very often he wall find that his is the only rehable eyidence on which depends the Tiherty or life of a fellow being THe has therefore, to acquire the halnt of making o caveful note of all the facts observ cd. by lum and to learn to draw conelusians correctly and logically after considemng m detail the pros and cons of the ense instead of forming hasty judgments Tt is very essential that a medical jurst must hive 1+ fur knowledge of all the branches of medical and ancillary sciences taught to a medical student in the course of Ins studies inasmuch as he is often required to invoke the aid of these subjects in the elucidation of various problems of medico legal imterest in the courts of lan He must also be well acquunted with the Government orders statutes and sets affecting his provileges and obligations m medical praetice and some of the sections of Indian Evidence (ct Criminal Procedure Code and Indian Penal Code relating to the various offences im the mvestization of winet Jus assistance is generally requisitioned It has been repeated!s remarked by judges that members of the mecical profession are not very etreful im drawmg up medico legal reports and conse quently cut a very poor figure as expert witnesses ut the expenence of medico legal Wark in India leads one to believe that this carclessucss complained of by the judges xs not due to’any wilful neghgence on the part of mediew men but to want of sufficient data supplied by the Police and also to their want of practical Lnowledge of legal procedure in ernninal courts owing to Jack of opportunites afforded Lo students to be present in courts when anv cases of medico Irval in terest are bemg tried Agam im Medierl Schools and Colleges prett stress 1s laid on the theoretical terching of this subject but its practical side 1s altosether neglected \edheal Jurisprudence is a practical subject and the class lectures should be illustrated with practicat examples as far as possible while the students2 MEDICAL JURISPRUDINCF ought to get ample opportunitics to cvamunc cases of injury and poisomng and to conduct and witness medico legal post mortem examinations To obviate this difficulty it is necessary to give first a bref account of the procedure adopted im a legal inquiry and of the ermminal courts of India before the subject proper is treated LUGAL PROCEDURE AT AN INQUEST Coroner's Inquest —In the Presidency towns of Calcutta and Bombay, the Coroner, with the help ofa jum holds inquests or inquites in.gases of sudden oe el OF Suspicions deaths or im cases of death? ‘ecctmmng in a jad within the Jurisdiction of Tas courl~” The Coroner 1s authorized to order a post mortem examination of 1 bods to be made by anv medical man usually the Police Surgeon, whom he summons to his court to give evidence at the inquest At such an in quest or inquiry he summons witnesses tahes ther evidence on cath, recenes evidence on behalf of the accused and then with the help of the jury finds a verdict as to the cause of death If he finds + verdict of foul play against the aecused person he issues his warrant for the apprehension of such accused person and sends lum forthwith to the Magistrate empowered to commut him for trial Where there 1s enough evidence of foul play, but the perpetrator of the crime is not identified, the Coroners jury returns an open verdict against some person or persons unknown, and the matter 1s held in “bey ance, until further anguiry throws more light on the perpetration of the erme Police Inquest -eln fussil towns, an officer* usually of the rank of a Sub Inspector of Police in charge of a police station, on receiving information of the aceidentat or unnatural death of any person, informs immediately the nearest Magistrate of the same, and proceeds to the place where the bady of the deceased person 1s lymg and there, in the presence of two or more respectable inhabitants of the neighbourhood, makes an investigation and draws up a report of the apparent cause of death as judged from the appearance and surroundings of the body desenling such wounds fractures, bruises and other marks of myunies as may be found on the body, and stating in what manner or by what weapon or instrument (if any) such marks appear to have been inflicted Ihe report 15 then signed by the investigating police officer and by the persons present at the mquest In a case of suspected foul play or doubt regarding the cause of death the police officer forwards the dead body for post mortem examunation to the Civil Surgeon of the district or other qualified medical man authorized to hold such exanunation, furmshing him with the descriptive roll and as full partiDIFFICULTIES IN THF DPTLCTION OF CRIME 3 able erime the injured person may go direct ta the Civil Surgeon with the perms sion of the police officer, if he thinks at necessary, or he may file an affidavit m the court of a Magistrate who will send him to the Civil Surgeon for medical evamunition and report ee DIFFICULTIES IN THE DETECIION OF cRIVE ‘The Crwil Surgeon or the Medical Officer, who 1s always ready to assist the course of justice, finds it, at times, vers difficult to armve at correct conclusions in medico-tegal cases for the following reasons — QQ). On hearing of an imerdent, the investigating police officer, bemg already engaged m mvestigating another ease or for some other reason, may not proceed at once to the place of occurrence , consequently valuable time 1s lost in obtaining a clue to the crme As an instance of the dilatory habits of the police I may ate below one of many similar eases & Hindu female, about 45 years old, of PS Mandiaon Lucknow Distnct, died m the King George s Hospital at tp nz on the 20th September, 1991 The Police were informed smmediately of her denth, and yet the necessary papers for post mortem examination were handed over to me at 9am on the 22nd September 1921 The result of this unnecessary delay was that the cause of death could not be ascertarned owing to the decomposition of the body (2) Even if the pokec-officer reaches the place m time, he may not touch the dead body and scrutinize it for any maths of violence or identification on ac count of caste prejudices or some such scruples, but may depend on the illiterate villagers present at the mquest, who may jiave some motive m concealing the realticts To illustrate these remarks I cite the following four cases — 1 oda Pebruaty 1917, the body of a Mahomedan woman was token out of a well in Akbars palace at Fatehpur Siksi, and sas sent to the Agra Medical School Mortuary for post mortem examination with a police report that she was voung, lind thirty tno teetls and ber hair was dark, while of the autopsy it was found that the woman was more than 60 years old had no teeth ‘all the alveoli had been absorbed and the plait of the hair of the head that was lying Joose owing to decomposition was mostly of a sllsery shite colour 2 Ine ease of double murder which occurred in Chowk, Lucknow, on or about the 10th August, 1923, the age of one of the sictims was put down to be 54 years by the police officer holding the Inquest but on inspection on the 12th August the age was ascertained to be only 14 years and the age of the other victim who happened to be the mather of the girl (first vietem) was forty pears 3 On the 26th Angust 1923, n body was removed from a well situated within the iunsdiction of Poliee Station, Chowk, Luchnow Jt was sent to the Medrcal College Mortuary for post mortem examination with a report that at wis the body of an unknown moman At tke autopsy it was found to be the bods ofa talland well bunitmale’ The body wis inan advanced state of decomposition but the penis and scrotum were casily recognizable 4 On the 10th July, 1024 a headless hody was found floating In Nahar (cans) Ghyasudin Haular within the juradiehon of Polsee Station Wozoratgany I ueknow The body \sns taken aut and forwarded to me for examination with @ report that the body was that of 9 woman On Cxamunation I found that the body was that of a Hindu male, as the pens which was distended owing to decomposition was not ercumesed {8) The report supphed by the Paice officer 1s often quite meagre, as, for want of powers of observation and habits of accuracy, he rushes through -8n miquest, and onnts to note many points, which would, otherwise help to prove the manner of dexth, or, for want of the most elementary knowledge of Medical Junsprudence, though the subject 1s taught in poltce training schools, he mistakes the marks of post mortem staming for those of violence and deseribes mmyurres where there are none or omits to mention them when they are present, ind thus unwittingly misicads the medical officer, especr lly if the bads happens to be Inghly decomposed The following cases from my note book would be quite suffieicnt to substantiate the above remarks — 2 Ya October, 1919, the bods of 2 Hindu gat aged 10 years was forwarded from Police Station Wahori, with the station officcr s req ort that the deceased was found with a round at4 MEDICAL JURISPRUDENCE the bach of the nech On exanunation eleven incised wounds were found on the chin, and the right side and bach of the neck cutting Into the third. fourth era pt vertebrx and the spinatcord = There was also an incised wound along the front of the left thum) 2 In October 1921, the body of a Hindu boy about 12 years old, was brought fi Police Station Goshainguny Lucknow Distnet witha report that the deceased une cent vo Love deen beaten with a dath: which resulted in his death and that there were four marks of injuries nn hus body Post mortem examination was held twenty hours after death when only ene brnise 3/4°x1/2", was found on the lower part of the nght shoulder blade, and death wns due toasthens from chronie malania 3 On the 1st August 1922 post mortem exammation was held on the body of Budi aged 40 years, brought from Pohee-Station Malihabad Lucknow District mith a report that the deceased dred from five injuries infitcted on the body t= one on the ngbt temple, one on t} > left shoulder, and three on the nght side of the back No external injury could however be detected except an abrasion 1/2°x 1/4" above the left cheek bone On epemng the abdomen the spleen which was enlarged was found ruptured 4 The body of 3 Mahomedan male 48 years old was forwarded for pest mortem exa mornaton on the 18th March 1923 with a report that the deceased bad been killed by dacoits on the mght of the 1”th March and that there were several bruses on tle face neck and ot! er parts ofthe body On examination no mjury was found anywhere on the body except a sl cht lacera tion across the Ieft. ‘upper. evelid and a small abrasion across the left side oftheneck ‘The stomach and intestines on the contrary, revealed the signs of immtant porsoning & On the 26th February 1927 the body of one Ihashi Parshad auas Ihashiden aged 22 years was forwarded to the hing George s Wedical College Mortuary for post mortem examina tron with a police report that after turning the body on all sides the deceased was found to have been shot 1n the head and that there was an abrasion on the nght arm — On exsmination J found no gun shot wound on the head but detected two Jacerated worndis on the head and mne contusions yarving from two and a half to fourinches by one inch, and five abrasions varving from one fourth to half arrinch by one fourth meh on several parts of the body There. ns also an extensive fractnre of the vault of the skull and a laceration of the brain € Onthe 14th Match 1928 the bod) of one Naja Ram wis sent tome for post mortem examunation from Pelice-Station Alam Hag Lucknow witha reportthat — the left yaw was ont the left testicle was prereed wth some sharp pomted thing and there were bruises round the lon and all over the chest and legs On examunation none of these injures were foundon any of the parts mentioned above But death was found to be due to strangulation evused by o cord twisted tice round the nech (4) The pohee-officer 15 not to blame im all cases as he sometimes finds at difficult to furnish the medkeal officer with really trustworthy information for his guidance masmuch as owing to the unwillingness of the relatives and neighbours to appear before a Magistrate and gre evidence on oath or, owing too false notion about the honour of the parties concerned no one comes forward to volunteer a statement even if he was present when the erime was committed (2) A lot of erime goes undetected owing to the prev ailing custom of crema tion or burial of bodies soon after death, and that too without any medical certs ficate Besides owing to tanks lakes canals myers wells and jungles situated on the ontshuts of villages there 1s great facshty for concealing dead bodies which are likely to be eaten by dogs jackals and birds of prey to an extent which will render them dificult of recogmtion In Qetober 1918 I saw the body of a Brahmin male whose cars had been so meely gnawed through by rats that they appeired to have been cut away by 2 knife, unless examined very carefully (6) Owing to the chmatie conditions in India decomposition of bodies takes place much more riprdly than in Western countries and this is 9 frequent occurrence m the hot and rainy seasons owmg to the fact that a body hs to be carned for long distances wn a dooly either 11 4 bullock cart or on the heads of Chamers before st ean be taken to the sadr stat on for autopsy , for, in most districts the Cri] Surgeon as the only officer authorized to hold medics legal post mortem exammations {s a precaution against decomposition the police i the United Provinees of Agra and Qudh were mstructed to protect the body ather by wood charcoal and ferrous sulphate (Lasts), phenvle and mustard oi or carbohe dust but this process does not in wy way, retard putrefaction On the contrary, it helps to disfigure the eaternal wounds so Imuch that m some cases if mayDIFFICULTIES IN THE DETTCTION OF CRIME 5 difficult to differentiate their varieties Henee on my representation to the Ins pector General of Cis! Hospitals, UP, these instructions have been cancelled, and the police are now required to forward the body in a shell in the state in which xt was found A medheal officer must never hesitate to hold a post mortem examination ofa body on the ground of advanced decomposition, Uthough it 1s, at times, very trying and disgusting to da so It ts very essentral to mtke as thorough an examination as practicable in order to find some clue to the cause nnd manner of death, especially in a case where there 15 suspreion of foul play On account of districts being spread over # large area, tt 1s impossible to avoid such difflenlties Hence tt appears to be desirable for members of the Provincial Subordinate Medical Service mm charge of branch dispensanes te be authonzed to hold post mortem examinatsons and J do not see any reason why these officers should he debarred from holding autopstes seeing that thes have to go through « four sents’ course in a recognized medical school and have to pass three stiff exammmitions before they are qualified to practise in medieme and Surgery 9 To fabricate a false charge agaist an enem\ it 1s usual for one parts to hill a relation, probably a child or old person and then to acense the opposite party of murder ven on the occurrence of a natural death m the family the Telitnves make a false report to implicate their enemics, and attribute the death to some previous quarrel or fight that had taken place between the two parties Sometimes, someone disippears from the scene and after a time a decomposed bod; found lying on the outskirts of a village or dug up from 4 grave is claimed as the body of the absconding person, and a false charge of murder 18 Ind ot the door of an unwary enemy who, though mnocent, not infrequently makes a con fession of guilt, possibly to ayord police torture, or when, for other reasons, he finds it difficult to escape the net of conspiracy spread around lnm6 MEDICAL JURISPRUDENCE geniosa which caused her fmmerhate death — Harbwns then snatched the \ ounger daughter front the ap of her mother and killed her also with the gandasa Shortly after this the acensed went to the police station and reported that his father and Ius brothers had killed hus two daughters Just as the writing of thts report was completed the chankadar of the village atrnved and that at was generally rumoured that Harbans had hrmself Jalled Jus daughters with a gandese and had come to report As Tanf could not dare go to the police-station Jest Harhang shoal | assault hrm he went strarght to the Supenntendent of Police and reported the whole merdent ‘The station-officer of Policestation Sardhana after making invesngation chalianed Hatbant under section 302, 1 P C-—-Leader, Sept 5, 1937 4 During a quarrel over a young widow one Lachman Alur and hus father, Umeds_ were beaten with Jatiis and admitted into hospital at Gunnaur in the Distnct of Badaun The father and the son were provided mth only one bed, there being no more beds available in the hospital In order te umpleate his enemes and make them responsible for his father’s death Lachman got up at mght and murdered his father bs strangulation —Leader, {pril 18, 1030 3 One Fauz Khan and bis uncle, Roshan Khan owned a field in Dasauh village whch hid been under mortgage for nearly twenty or twenty two vears and the morigage was not redeemed Roshan khan was m pecuniary embarrassments mn other ways and had many debt+ topay Hs nephew, Fauz Khan, ached him not to evcente any fresh do-uments to consatidate lus debts and advised Inm upon a new way of paying olf all old debts He asked his uncle to accompany him to their mortgaged field and receive from hum two or three severe faths blows <0 that he could bring a false charge of assault against his creditors to whom he was heavily sndebted ‘Thus, by the threat of a crmunal prosceition he could coerce them to hand back the secuntzes relating to his loans and also make them pay kim us sum of money by way of compensation Strangely enough, Roshan Khan fell i with the sugzestion and accompamed hus nephew to thet jointly mortgaged field The latter then made o determined assault upen hig uncle and caused tum a number of intunes which soon resulted im death ‘The vlot was. however. found out duringCROUNAL COURTS 41ND THEIR POWDERS Tv D A-case occurred in Bombay, wi cre six Chinese in order to extmct confess on blindfolded and gagacd a Chinese cloth hawker, und after binding hs hands and legs together lung him on a wall head downwards and subjected him te terrible and brat! torture for severt hours He was whipped ani battered against the wall kicked and fisted Still he yefused to confess that he heal anything to do with the theft of Ra 1700 worth of cloth belonmrg to one Sin Yung rhorg Tinding him obstinate hia assailints were alleged to have stuffed his nose with clully povderand dusted him on the kntichles Unable to beat the pan any fonger, Ching fhe victim mentioned the name of another Chinese ns concerned in the theft On this he was freed of the ropes but locked up in a room where he remained without food or drink for two days On tte third day he managed fo break of ea the window and leapt down threueh it He was preked up in on unconscious state and taken to hospital where only after three dy $ he ws able to make 1 statement to the police —Tymes of India Dec 18 1040 CRIMINAL COURTS ‘ND THEIR POWERS ‘Lherg are three hinds of courts for the tmal of offenders m India These are the High Courts the Courts of Sessionand the Courls-preaded-overhy Magis _ *Lhere are three classes af Magistrates, the first, the second and the third There 1s also the class of the Presidency Magistrates who are appointed for Presideney towns Turst class Magistrates commit ther cases to the Courts of Session and Presidency Magistrates direct to the High Courts, but the Presidency Magistratesof Bombay have to commut their cases to the Court of Session for Greater Bombay under the Code of Criminal Procedure (Bombay Amendment} Act #948 Trom the elass of the Magistrate of the first class a Magistrate 13 appointed to the charge of ao district and as called the District Magistrate \. Magistrate of the first or sccond elass, when placed in charg of a sub dhvision, 1s known as the sub Divisional Magistrate The High Courts are the highest tribunals in the country and are constituted by Parhamentary Statutes Lhey are established at Allahabad Bombw Calentta Lahore, Madras Patna and Negpur while the Chief Courts are the Inghest Courts in Gudh and Sind and the Judicial Commussioner’s Court in the North West Frontier Province ‘These courts may try any offence and pass any sentence authorized by Jay But since the advent of independence on the 14th August 1947, British India has been divided into two separate sovereign states of Indian Dominion and Prlustan, and a High Court hrs been established im each ct the provinces of these states, where there was Rone The Tigh Court of \Uahabad and the Clnef Court. of Lucknow of the United Provinces have been amalgamated into the cambmed High Court located m Allahabad, but « rudieisl bench has becn8 o MEDICAL JURISPRUDENCE wl seven years The trials before these courts are ordinanly condi presiding Judge wath the assistance of three or four assessors, Bee he att Government may with the previous sanction of the Governor General in Council by order an the Official Gazette direct the trial of all offences or of any particular class of offences before any Court of Session in any district to be by jury (Jide Appendix TTI Cr Proc Code see 269) In trials by gury before the Court of Session the jury shall be composed of not less than five or more than nine men In cases where an accused person is charged with an offence that 1s punishable with death, the number of the jury shall as far as possible be at the full strength and 1n no ease less than seven The Sessions Judge 1s not bound to aecept the opinion of the assessors If he happens to differ from their opinion he can passa sentence without refernng the fact to the High Court to which he 1s subordinate but if he disagrees with the verdict of the jury whether it be in favour of the prisoner or against him he ern only submut the record te the High Court which may, on submission being made pass any order which 1t deems proper to pass The procedure at the trial of a European or an Indiun Bnitish subject 35 prescribed under Chapter \NNIIE of the Code of Crmmal Procedure wluch hag been completely recast and remodelled by Act XII of 1923 The provisions of this chapter arc only applicable to those cases where the person aggneved and the person accused or any of them are respectively European and Indian Bnitish subjects or where it 1s deemed expedient owing to the connection with the ease of both 1 Curopcan and an Indian British subject that the ordinan mide of trial should be departed from In such eases the accused 2s committed to the Court of Session to take lus trial in respect of offences punishable with impnsonment for a term exceeding sm months In petty cases the trial is to take place before a Bench of two Magistrates’ one of whom shall be a European and the other an Indian _ In the ease of disagreement between the members of the special bench the file 1s to be laid before the Sessions Judge who may pass such order inthe ease ashe considers proper But thisstatutory disenmunation » abslished as the bill moved im the Indian Parhament im March 1949 1s passed inte law The sentences authorized by law are— r () death , a (wu) transportation (m)} imprisonment (including solitary confinement) (iy) fine and (5) why of these aT steate of the first class may pass a sentence of imprisonment not exceeding two vears He ss also empowered to direct that a certain portion of the sentence shall be served out in soltare confinement within the limits laid down bs the Indian Penal Code The power to inflict the pumshment of whippine ts also vested in a Magistrate of the first class The term of imprisonment Shach second class Magistrate may award is sis months but a Magistrate of the turd class cannot pass a sentence of imprisonment exceeding one month All elasses of Magistrates are also authorized to pass x sentence of fine but « Ma,sstrate of the first class cannot pass © sentence of fne exceeding one thousond, rupees a Mamstrate of the second eiass_ one exceeding two hundred rupees 7 trate of the Hurd class exceeding rupees fifty Vaprstrates CTI c stcond and the third css are not empowered to pass @ Sentence of whipping — \s regaris solitary confinement 2 Vagstrate of the third class is not but a Magistrate of the second dass 1s authorized to order that 4 portion of tle sentence of imprisonment should be of the description known as sohtary confinement I'vice the amount of imprisonment which # Vazistrate 1s authonzed to award may be inflicted by hum when passing. 1 sentence for two or more offences at one tral Ofcourse the CourtCRIMINAL COURTS AND THEIR POWETS 9 of any Magistrate may pass any lawful sentence combining any of the sentences which it 15 authorized by faw to pass t Jn the Punjab, Sind, the Central Provinces, Coorg and Assam and in Oudh and same ather parts of the country the Local Government my also confer on certain Magistrates of the first class the powers resembling those ef an Assistant Sessions Judge Such Magistrates can pass any sentence except tht of death and of transportation or miprisonment in excess of seven jears Subpeena —A subpeena is a doenmentcompelang,_the. attendance, of_ a witness in_a_court of fay under Acponalty, When it as served on a witness to give evidence and produce documents befére a court, he must do so punctually Non comphance in a civil case may render him hable te an action for damages and in a eumuinal crse, to fine or Imprisonment, unless some reasonable excuse 18 forthcommg In ervsl cases it 1s customary to offer a fee, termed conduct to cover necessary travethng expenses, when a subpeona xs served If this is not done, the medica] men may ignore the subpoena if he so desires In a case where a medical man considers the fee offered at the time of the service of a subpcens Jess than what he ts entitled to, he must ash to have lus proper fee paid before being sworn to ane evidence, and the presiding Judge will deeide the fee to be paid in the cir cumstances It is possible that the fee allowed by the Judge may be much less than what he expected Mence, in order to avord disappointment, the med:eal tnan wall be well advised to make sure of Ins adequate remuneration before giving 8 report on a case which wilt eventually lead to litigation, unless 1t happens to be a ease where he ts bound in duty to give evidence It should, however, be re membered that no unreasonable difficulty mm the matter of payment of fees should be raised mit cases tried m civil courts under the Workmen’s Compensation Act, 1923 as modified up to the first August, 1938 In ertmmal eases no fee 1s tendercd at the time of serving a subpeena, the aundependent medical practitioner may demand a fee at the time of giving profes stonal evidence before taking the oath, but he should not insist on its payment af the presiding officer of the court is not wilhng to sanction the sum demanded bs hem We inust gtve evidence, or he may find Iumself in the ineonyenent position of being charged with contempt of court In the ease”? of K.L + Ram Narain Sharma it was held that “ina warrant esse ordinarily 1t 1s the Government that may pay the expenses of the witnesses both for the crown and the defence and, therefore, 1t 18 the duty of the Mamstrate to fix the fees of the witnesses He ennot leive to the parties to negotiate with the witnesses and fix the fees, even in the case of experts If an expert witness on payment of a reasonable10 MEDICAL JURISPRUDENCE Government service are not entitled to their fees as experts but are usually paid two rupees as travelling expenses if they are employed in the town where the court 1s hel When summoned on the same day to attend at two courts, civil and enmunal, the medical witness should attend at the ermunel court, and inform the em! court of his ability to do so on account of Ins presence in the eruninal court which has preference over 1t If summoned to two courts both cvil or erumunal, the witness should first attend at the Ingher court If however both courts happen to be of the same status, he should go to the court from where he recerved the summons first, and inform the other court of the fact or should attend there after he has done with the first court Oath —On being calied into the witness box the witness has to take the oath before he gives his evidence It my be noted here that the medic’l witness uf he happens to be a gazetted officer, has not to stand ut the witness bow but 35 usually offered 2 chair on the dais by the side of the presiding officer sa rule he 1s shown special consideration as the nature of his duties 1 such that he 1s not kept in attendance in the court longer than necessary, and his evidence 15 often interposed out of its turn, so that he 2s released at the earhest moment A Chnetian in taking the oath has to hiss the “ book’, but this 2s not right from a hygienic point of view and he would be well advised to insist on taking it after the Scotch form raising his mht hand above his head and saying in 4 firm and loud tone —*I swear by Almighty God as I shall answer to God at the great Day of Judgment that I will tell the truth the whole truth and nothing but the trath ” A non Chnstian in taking the otth has to repeat, while standing, “ the evidence which Tshall grve to the coust shall be the truth, the whole trath 1nd nothing but the truth So help me God” Ifa witness wishes to give his evidence on solemn affirmation, he has to sax‘ I solemnly affirm that the evidence which I shall give to the court shall be the truth, the whole truth, and nothmg butME'DICAT FVIDENCE i In ths exarmnation leading questions are permissible, and the witness should be very cautious in answermg them He should not attempt to answer the questions unless he clearly and completely understands them as the cross exa muner often tres every possible means to Weaken lus evidence, thereby showmg to the court that the cvidence in question ts conflicting and worth nothmg The witness may also be asked any questions which tend to test his veracity, to thseover lus knowledge, experience and qualfications and even to imyure Ins character It must, however, be remembered that the court ean aly ass forbid any question which appears to rt to msult ar annoy, or which though proper m uself, appears ta the court needlessly offensive in form (Vide section 152 Indian Feidence Act) In some instances cross examination acts a3 n double edged sword, which cuts both ways, te, 1 may damage the glefence as much as, nay, sometimes more than, the prosecution, specially if counsel is not familiar with medical science and the witness happens to be well up in Jus subject, and at the same time honest and straight forwar There is no time limit to the eross examination Ft may Inst for hours or even days although the presiding officer cin always disdlow irrelevant questions and cut short the cross examination On one occasion I was cross examined for six days (the exam nation lasting two hours every afternoon) in a exvil exse for the recovery of professional fees against a barrister who raised an issue of malpractice In the end the case was compromised and the barrister had to pay full fees including expenses On another oceasion I was cross exanuned for si. hours in a case of murder At last when the defence pleader could not shake mein my starement, he appealingly asked if there ws anything in favour of his chents Erephed that I would have informed the Magistrate Jong tune age if there was any thang im their favour, as I was there to assist the administration of justice (8) Re-examination —Che prosecutin, inspector or counsel who conducts the exammation in cluef, has the mght of re examining the witness to explain away anv discrepancies that may have ceeurred during cross exanunation, but the witness should not introduce any new subject without the consent of the Judge or opposing counsel, lest ha should be lable to cross examination on the new point thus mtroduced (4) Questions put by the Judge, Juror, or Assessor —The Judge, Juror or assessor may question the witness at any stage to clear up daubtfel pomts z MEDICAL LVIDINCE “Medical evidence given before a court of Iaw 1s of two forms, wz (1} docu mentary and (2) oral or parole (1) Documentary Evidence —Thus includes (2) Medical Certafieates (6) Medico legal Reports (ce) Dying Declarations {a) Medical Certificates —These arc the simplest forms of dociunentary evidence, and generally refer to ill health unsoundness of mind, death, etc These certifieates should not be given lightly or carelessly, but with a due sense of re sponsibility for the opimon expressed m them ‘They are not accepted sn a court of law unless they are ranted by a duly qualified medical practitioner registered under the Provermal Medical Council Act howd i" ate of ull health a medical practitioner should mention the exalt ene i The news and preferably should take at the bottom of the certificate, the thumb mark impression or signature of the individual to whom it refers12 MEDICAL JURISPRUDENCE A medical practitioner should remember that on the oceurrenee of the death of a person whom he has been attending during his last lness he 1s legally bound to give a certificate stating to the best of his know ledge and behef — the cause of death for which he1s not allowed to charge afee The granting of such a certificate 1s not to be delayed even af the fec for attending the patient during Ins lifetime 3s not pad The medteal practitioner may, subsequently, sue the Tegal heirs of the deceased for his dues if he so desires Tlowexer he must decline to give acertificate if he as not sure of the cause of death or if he has the least susptcion of foul play In such a case the proper course for him 1s to re; at once to the police authorities before the body 1s removed for cremation or burial Civil Surgeons and superior medieal officers are sometimes called upon to countersign death certificates but they should not do so without inspecting, the body From the non observance of such e precaution it has sometimes happened that + medical officer has been placed in an awkward position in a court of law @) Medico-legal Reports—These are the documents prepared by the medical officer in obedience to a demand by an authorized police officer or a Magistrate and are referred to chiefly m ermmal.cases relating to assault,.rape murder, poisoning. cte These reports consist of two parts wz the facts observed one\amination snd the opmuion or the mference drawn from the facts In order that they my be admitted 1s exhibits in evidence these reports should be written up by the medicalofficer at the time the exammation was made or mmeditely afterwards They form the chief documents in judicral inquimes and are Likely to pass from the lower to the higher courts as well as to be placed in the hands of pleaders hence the utmost care should be used m prepanng them No earggerated terms superlatives or epithets expressing ones feelings should he used kormstance one should neversay that extensive damage to the skull and brain was the result of a particularly brutal murdérous assault or the deceased was evidently subjected to a particularly murderous attach in which throttling yas also indulged in * After noting the facts the opimon should be expressed briefly and to the point The medical officer must remember that he should always base his opinion on the facts observed by himself He should not be biased by the stitements of others In drawing conclusions m medico legal reports he should not depend upon information denved from any other source However af his opruon talhes with the information supphed he should say so in hts report he fact notifed 40 pyury ease should be kept under observation and the fact notifie: the police i 161s not possible to form an opmion immediately after examining it , a hasty opmon should not be formed even if pressed by the police hota bs of clothing weapons ete sent for medical examination show ec desenbed Sah full parhculie to facilitate ther identification Jater on m court They should be Iabelled with the differentrating numbers or marks and returned 10 the Superintendent of Police or Magistrate im « sealed caver one s private ser} bemg used the signature of the person usually the police constable recor in them st ould be taken Those articles which are likely to be sent to the ; semical Exammer should be kept under loch and hey in the custody of the me rea bee * ing Declarations —A dying declaration 1s a statement verbal (yer te), Dring | by & person since deceased relating to the cause of hus oF ber Lee nee ee EE et Se fa medical officer in charge of a hospital or di: ‘ _ strate to record the dying declaration of a person sen oe Ta Mae sttoste of ctiminit violence or other criminal cause * 1 For fall details of te procedure vide Manni al ofGovee ment Orders UP Vol I Dept 1 Chapter ATTMEDICAL LVIDFNCL, 12 Y an Jus epmon, there 1s no time to call. a Magistrate, the medical ofticer should himself record the declaration It should be recorded im fall detail in the verna cular in the sdentcal wordsofthe deplarimt, an the form of.question and_ansner, and in the presence of resngetable witnessrs Fhe acoused or us plender, if present should be allowed to put questions to the declarant The declarshon should then be read over to the declarant, who should affiy his or. her signature or marth to 2 When conchided, iE should be-spmertby the medical officer recording it he Would also obtain signatures of respectable witnesses If the declarant becomes uncon scious while the statement is being recorded, the medical officer wniting 1t must record ns much information as he has obtained and sign it and obtain the signatures of the witnesses If the statement 1s written by the declarant Inmself it should be signed and attested by respectable witnesses The declaration should then be forwarded im a scaled envelope direct to the District Magistrate or Sub Divisional Officer concerned If st can be avoided, the police officer who 1s engaged in the inveshgation of the case should not be allowed to be present, when the dying declaration 1s recorded — No undue influence should also be brought to bear on the declarant who should be permitted to gre bis statement without any outside prompting or assistance It should be noted that the Cateutta Tagh Court has ruled that m a case where a dvimg person 3s unable to speak and can only make signs in answer to questions put to him the questions and signs put together might properly be regarded asa ‘ verbal statement * made by a person as to the eause of Ins death within the meaning of section J2 of the Indian vidence Act and are therefore admissible im evidence? But statements of witnesses as to what mterpretations they put upon the signs made by the declarant are not admassible + Under the Evidence Act of India, a dying deeliration 1s adnusuble mn court as evidence whether the person who made it ws or was not, at the time when it was made, under expectation of death but 1t1s essential that the declarant must bein a sound state of mind at the time of making the declaration? tis, therefore, the duty of a medical attendant to certify that his patient 1s in 9 fit mental condition, to moke a statement before it is recorded A dyimg declaration 1s admissible m all criminal and civil cases, where the cause of denth 1s under enquiry Under English law, a dying declaration 1s admissible as cvidence af the declarant, at the time when the declaration was nade, w1s 1n full possession of Ins senses, and believed that he was about: to die and that lus recovery was impos sible, the legal assumption being that an individual would speak nothing but the truth during the last moments of hfe The adnussibility of 2 dying declaration 18 confined to ermmnal charges of murder or manslaughter onlyWw MEDICAT JURISPRLDEN\ cr following are the exceptions — Dsing declaration Expert opimions expressed in a treatse Deposition of a medical witness taken in a lower court Chenucal Examiner s report Exidence given by 2 witness in a previous judicial proceeding Dying, Declaration —This 1s accepted in court as legal evidence a the death of the person who made it “Shout the person chance to hve, e statement ecases to haye any legal force as 2 dying declaration but it may be teled on under section lo” of the Indian Evadence Act (vide Appendix II) to corroborate the statement of the complamant when examtned in the case? It should be remembered that a dying declaration does not become invahd if the declarant dies some days after making the declaration In the case of K E wv Thahura Singh and another, where one Gurcharan who was severely beaten at about 5 or o 30 pm and had no fewer than eight incised wounds causing 1 fracture of the skull bone and protrusion of the bram matter was able to make his dying declaration at G0 pm_ on the same day and died after six days if was held that the fact that the declarant had lingered for some days after making the declaration does not render a dying declaration inadmissible m evidence * 2 Expert Opimons Expressed in a Treatise —Expert opimons ex pressed in any treatise commonly offered for sale and the grounds on which such ‘opimons are held may be proved m court by the production of such treatise if the author 1s dead or cannot be found or has become incapable of giving evidence or cinnot be called as a witness without an amount of delay or nse Which the court regards as unreasonable (section 60,1 E Act cide Appendix I) 3 Deposition of a Medical Witness taken in a Lower Court —Under section 209 of the Crimimal Procedure Code (cide Appendix TH) evidence given by a medical witness in a lower court 1s accepted in a higher court, provided it 1s recorded and attested by 2 Magistrate in the presence of the accused and 5 certificate signed at the bottom of the deposttion in the following form — The foregomg deposition was tahen in the presence of the accused who had an oppor tunity of cross-examming the witness The deposition was explained to the accused and was attested by me im the wresence of the aceused Ais ewndlence without me te Oo tyRULES LOR GIVING EVIDENCr 15 case ot K Lv Ast Gaya Kenwar charged under section 802 of the Indian Penal Code wath murdering her husband Lalta Singh, by administering arsenic to dum? — “We regret to note that what the Jaw imtended to be done as a matter of diseretion has been used almost as a general rule according to the practice obtammng a this province Tt 1s to be expected that whenever a Magistrate or » Court of Sessious finds that the report of the Chemical Examuner ts inadequate, they should not admit it in evidence unless the officer concerned submits a full and satisfactory report or he has been exammed in support of it * 5 Evidence given by a Witness in a Previous Judicial Proceeding — Under section 3% of the Indian Lridence Act (vide Appendix Il} evidence given by a witaess tn & previous sudieral proceeding or before any person authorized by Jaw to take at 1s admissible as evidence m a subsequent yudieral proceeding or in a Tater stage of the same judicial procceding, when the witness 18 dead or cannot be found or-ss incapable of giving evidence or 1s kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case, the court considers unreasonable provided that the adverse party in the first proceeding was afforded an opportunity to cross examine him KINDS O1 WIINISSES Witnesses are of two kinds ¢ginmon and expert A cayimon witness 1s one who-testifies to the facts observed by jumself An expert witness? 1s one who on account of tus professional tramimg 1s capable of deducing opimons and inferences from the facts observed by lumself or noticed by others Thus, 1¢ 1s apparent that a’medical witness 1s both common andexpert | Ties 2 common witness when he grves evidence as regards the varicty size and position of injuries, and 1s an expert witness when he mentions the nature of these mures as to whether they were cased dunng hfe or «iter death whether16 MEDICAL, JURISTPUDES CE, If he does not Know or remeniher any particular pom! it, ht ashamed to say so, and must not hazard a css ima doublhal case. Should uot be He should remember that the lawyer has practically unlimited 1s latitude mn putting questions to the witness in eros examination, and Con tats he should never lose his temper, but showld appear cool and dignified, even though questions of an armtable nature be put to hm I may, however, mention that as a medical junst of twenty-eight years’ experience I have had no complaint against lawyers They have great regard for me, and have shown the greatest amount of courtesy to me at the time of mv deposition in Court The medieal witness may refresh lus memery from his own report already forwarded to the court, but should not do so from hs private notes amless thes agreed word for word with the orginal were made at the tume of, or ummedhately after the occurrence of the event and were wntten by him or certified to be correct if written by hus assistant , besides, he should be preprred to have them put in as exvinbits of desired by the Judye or counsel to do so He should not quote the opinion of other medical men or quote from text books concermng the esse He 1s supposed to express an oprmon from Ins own knowledge and experience When counsel quotes a passage from + text book and asks the witness whether he agrees with it, he should, before replying, tahe the booh, note the date of its publication read the paragraph and context, and then state whether he agrees or not, for, counsel usually reads only that portion which 1s fa:ourable to ns case, and the meaning may be completely altered if the whole passage 1s read =n spite of this precaution he should stich to his apmon if it 1s stul his opimon, and if he finds that it differs from one expressed n the booh To avoid bemg surprised by such quotations, howcver, it 1s advisable to study all the ay ulable hterature on the subject before giving evidence in court Volunteering of a Statement —It 1s said that a witness 16 not supposed to volunteer a statement in court unless called upon to do so This may be true an the ease of n lay witness, but 1t cannot be so i the case of a medical witness Even though a medical witness 1s called by one side to give evidence in court he must not forget hrs duty towards the opposite party of honesty and far dealing He must also remember that the Judge regards lum not as a medical advocate put forward by one side to establish the ense but as an officer of justice to help the court to cheit the truth It 1s therefore, the duty of 2 medical witness to state fairly all the medica facts bearmg on the case without any reservation Hence my advice to him is to volunteer statements and suggest questions to court, especially when he finds that there 1s danger of justice being muisearned owing te the court having failed to eheit any important pomt Many years ago I had a talk, with a Judge of the Judicial Commussioner’s Court (now Chief Court) of Oudh about the volunteering of statements by a medical witness in court, and he agreed with me that I should never hesitate nm making such statements Since then T have as a rule, followed this practice, which has been appreciated so much by the Magistrates and,especially lawyers that the litter very often put onl one question during cross-evamunation, ct’, “ Doctor, please tell us if there 1s any point im favour of our chent (aceused)” By followmg this practice ms evidence m a fower court becomes so complete that on a very rare occasion I am summoned to + Court of Session Professional Secrets —Under section 12t of the Indian Dvidence et {Tide Appendix ID) a lawyer cin claim pnvilege and will not atany time be permitted fo disclose mn court an “commumcations made to him in the course and for the purpose of his crmployment 15 such by his ehent except with nts express consent, but g-medionberrriness cannot-elatiit Such_priulege 28 resards professional seerets_RULTS YOR GIVING FYIDF\cr Ww communigated-to-inmeby, his patients dutinadhertreatment Neyertheles: shotld, on no, account, volunteer. there scerets,. but, should divulge Tien ander protest“{o “show his sense of moral duty, shen pressed bvathe-court.da_do.so,,. Non Tomphapce with the-amerof.tho-courtanay.render hum able to contempt of courtsh a certain American and Continental courts medical men hK¢e*priésts fn the'confessional, are privileged not to divulge commumertions whieh have been made to them im thei professional character by any of thei patients Jt should be borne mn mind that under English law a medical witness, tke any other witness im court, ts absolutely privileged, and no action hes against hum in. respect of his statement in the witness box! Le 1s also not compelled to answer questions which have a tendency to expose him (or the wife or husband of the witness)*ta any cnminal charge, for no one 1s bound to crimmnate hamsel? and to place himself to peril, Under section 182 of the Indian Ly idence Act a witness as not crveused from answering any question upon the ground thit the answer to such question will ermminate, or may tend directly or indirectly to emmunite himself, but no such answer which he shall be compelled to give shall subject lum to anv arrest or prosecution, or be proved against him in any criminal proceeding, except a errminal proceeding for giving Talse evidence for such answer In a divoree ense* before Mr Justice Horridge the question of professianal secrces arose sshen the hushantl’s Iw yer called o physician who had treated his wife ‘The phy4ian asked, to be releved from grving evidence on the plea that the 3omstry of Health had passed a reantation that ‘ all anformation obtained In regard ta any person treated shill be regarded as confidential Dut the Judge said that the Ministry of Health hid no power affecing the yunsiiction of the court physicians were subject’ lo the orders of the court and roust disclose what they knew The phy sleian said he was placed in a dificult position by this ruling The fudge replat‘ L eannot sro that 59n are bound to observe the rgulalons not to dusclose voluntary iniorm ston you obtuned but so far as giving informaten wluch you ate hound to give in’ assisting the administratron of sustece it ts your duty to give it” The phi sicran then gave the evitence Ta. a matnmomal suit where the petitioner claimed a dissolution of the marriage on account of the cruelty and adultery of lier husband, an intersting point arose when the three doctors who had treated the hushand for tvo well known venereal dase wey chimed privstege wegtag that the rclattonship of doctor and patient was confidential Mr Justice Young said that the law on this port wus clear — feetion 126 of the Cvidenice Act give protection to a harnster attorney: pleader or vakil with regard to communications made td ham in the course of ils employment as such by achent There was no protection afforded by the [ videnee Act to n doctor as such When o doctor was called to give evidence he was in the «ame positon as any other person not exempted hy the Act It was lus duty to nssist the court in every way possible and to disclose to the court all the informntion an }us possession zelesant to the matter ip iseue Js lordshyp therefore Ind ta disallow the plea of the doctors that they wereentitled to withhold theit evident e wee Bee weeCHAPTLR PERSONAL IDENTITY Definition —By identity 1s meant the determination of the individuality of a person The question of the identifiertion of a living person is ratsed in ermminal courts in connection with absconding soldiers and criminals, or persons accused of assault, rape, murder, ete Jt 3s also frequently raised meivil courts owing to fraudulent personation practised by people to secure unlawful possession of property or to obtam the prolongation of a lapsed pension The cxamination of a person for the purpose of identification should not be undertaken without obtaining Ins free consent, and at the same time it should be expluned to hum that the facts noted might go im evidence agunst him Tt should he remembered that consent given before the police 1s of no account, and that the law does not oblige any one to submit to evammation against his wall and thus furmsh evidence agaist himself The identification of a dead body 1s required in cases of fires, explosions, railway accidents, foul play, ete In Incha, the identification of a dead body, sometimes, becomes very difficult owing to 2ts rapid decomposition im the het season, or through damage caused by vaild animals when exposed on the outskirts of villages However, it 1s yery essential that a dead body should be thoroughly identified and the proof of corpus dehciz established before a sentence is pissed in murder trials, as unclaimed, decomposed bodies or portions of a dead bods or even bones are, sometimes brought forward to support false charges, and in a country Ihe India 2t 1s not difficult to obtain sueh bodies, since villagers are in the habit of cremating bodies very partially, or throwing them into shiliow streams, rivulets or canals, or bury ing them in shallow graves whence earrion feeders may dig them out Ram Adhar was cunvicted of an offence of murder and sentenced to transportation for life by Mr Asghar Hasan, Additional Sessions Judge of Gonda, wrth the following remarks — “As to the question of sentence the body not having been found m an identifinble fonds tion the mere possibihty though not even the remotest improbatehty, remains of Ram Narain turmng up abe [t would be imprudent on thus ground to pass an irrevocable sentence ‘* Dunng the tral evidence was Jed in that the accused kslled the deceased with an axe Thanes of a dead bods were recovered from a tank and a dioty (loin cloth) found newrby was identified to be that'of the deceased In an appeal in the Chief Court of Oudh thetr lordships held that the identification of the bones by means of an ordinary ddolt was far from certain and discarded all the et idence of the eye witnesses and the mottve for tne murder As to the poruon ‘of the Sessions Judge s judgment that the accused might possibly return alive and that he shrank from passing the death sentence their Jordshups said that st was necessary to prove fret that a certar person wns murdered and, secondly, that the uccused person contmutied the murder When first of these essential ingredients was mussing, their lordships were of opinion that no eonvietion could result Tn the result their lordsinps allowed the appeal set-aside the consiction and sentence and directed the acquittal of the accused —Leadcr, Frb 2, 1920, p 5 ’ Cases have, however, occurred where the death sentence was passed even when the body was nat forthcoming or was not identified — Sie Samuel Stuart, Kt, Cluef Judge, and Mr Justice Raza of the Chief Court of Oudh state in their judg- nent that where an offence of murder 1s proved, the mere fact that the body of the murdered man is not found 1s not a sufficient reason for not awarding capital sentence * 1. Aang Emperor + Ramnath ohas Xatiha, Criminal Appeal, No 702 of 1925, 27 Crominal Lave Journal’ April, 1920, p 460RACE 1» 1 Inthe case of A Poy Nair readent of iosi holao Distuct Muttra the hody of the victim Chanda was not forthcoming and yet the Sessions Judge relying on the strong ev: dence agtunts the accused found him gu ity of an offence under section 402 T P C, and sentenced him to deith — It was alleged that the accused after shooting Chanda in the back carried the body to the neighbouring canal where it was dismembered with a sword and. thrown Inte the running stream Some of the articles recoyered from the house of the accuse { were found to be stained with human blood by te Imperiat Scrologist who also found such stains on a piece of mud and , Fyece of bone and flesh found on the canal bank —dllahatad High Court Cr Appear lo q 2 One Behar had teen convicted and sentenced to death by the Sessions Judge of Ptah on a charge of having murdered his cousmn J ankush The prosecution story disclosed that the deceased at about sunset on the ev emng of the Srd of September 1022 went out of his house swearing a pair of wooden dippers and an ancauc?a op jus head and was earryng a Jota Jn one hand and a fathi in the other As Tanhush did not retutn for a long time tus wife and other relations went in search of him but returned disappointed and the decessed was missed tl ¢ whole might, The next morning one Musammat Nosthan imformed the Wile that she had heard at mght the ery of n man a if he was beng murdered and a search was instituted at the spot and some blood marhs were discovered winch were bemy obliterated by Behan accused s mather The matter was reported to the police and « suspicion at once fell on the accused who bore a Jong standiag enrmty age nst the deceased) and who handed over a fandasa stained with bload and lola belonging to the deceased ‘The deeensed s body was nes er dsseos ered and it waa believed that after murder the bods yns thrown nta the Ganges ‘The necused also made o confession im which he admitted hasing killed the deceased ‘The confession was subsequently retracted nnd the aceused pleaded not puilty In the appeal preferred by the necused before the High Court there Jordships confirmed the sntence —Leader December 2%, 1027 Tt wall thus be seen that entiflertion may be required of a hwimg person ofa dead body, of fragmentary remuns, ot of bones only ‘Lhe following points are usually noted for the purposes of identifiertion — 1. Race 2 Sa 8 Age 4 Complewon and features 3 Har 6 Anthropometry 7 Yootpmnts 8 Deformuties 9 Serrs 106 Tattoo marks 41 Occupation marks 12 Mandwriting 18 Clothes and ornaments 14 Speech and voice 15) Gut 16 ‘Inchs of manner ind habit 1% Mental power, memory and education 18 Amount of dlumination required lor wdentificrtion IL RACL ‘Phe question of the determmation of race or community arises yn the ident fication of unknown or unclaimed dead bodies found in railway carriages or lying imstreets, roads and fields jn the vicinity of «Mlages, or recor ered From welly, tanks canals and rivers Lfus question also arises 1m seaport towns, where there 1s always © conglomeration of races and communities20 MEDICAL JURISPRUDENCE, The two important communities of Hindus and VMahomedans in Indin ean be recognized by noting the following chef pomts — " ee eeeeeeSeeSeSeSSSSSSSSSSSSSSF Hindu Males Mahomedan Mates 10 Not creumersed 1 Circumesed XN B—Jews are alco creumensed 2 Sacred thread worn over Ieft shoulder, 2 No buch sacred thread mbigh castes dtetja or tuice-horn 3 Necklace of wooder, beads (Tu'st ot) 4 No such nechlace Rudraksh) round the neck 4 Marks on the forchead painted red! 4 ‘No such marks but cailoities on the yellow (saffron coloured) or white (sandab, centre of forehesd patella taberosity of wood) indicating different religtous sects eft tibia and tip of left Lateral {external} malleolas owmg to special attitudes adopted donog provers 8 Tutt of has usual ntonger on maddie) 5 No such tuft of hair Heal clean of hack of head below the erown shared especrally among Bokrat 2X BT saw on VWihomedan male having a tuft of ur on bis hes} On inquin he sad thet he kept it in imitation of bis Hinde frends hying near his house in bis village O idePig 6 Angerokhe ot Versa when wom leaves 6 Sumlar sun burnt marh on left sile of an opening about 5° or 6*x 1" along the clest on account of the sfuaraiha or night side of chest showing a brown sun Vier-ar opening on that side burnt math as nothing else 13 worn next to akin especially among villagers 7 Ear lobules usually prerced ~ Ear fobules not pierced, but left lobule may be prereed in a fow cases $ Palms and fingers not stained with I¢nna_ | 8 Palm of left han] ani tip of little fn.er sometimes stained with Aenag