HIGH COURT JUDGEMENT


IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED ::  16  -02 -2008

CORAM

THE HONOURABLE MR.JUSTICE S.PALANIVELU


CRIMINAL ORIGINAL PETITION No.12582 OF 2007

Muniammal        ...        Petitioner

            -vs-

1.The Superintendent of Police,
   Kancheepuram District,
   Kancheepuram.

2.The Inspector of Police,
   Maraimalai Nagar Police Station,
   Maraimalai Nagar,
   Chengelpet Taluk,
   Kancheepuram District.    ...        Respondents


    Petition under Section 482 of the Code of Criminal Procedure.


    For petitioner     : Mr.S.D.N.Vimalnathan

    For respondents : Mr.A.Saravanan,
                     Govt.Advocate (Criminal Side).


O R D E R

    This petition has been filed, praying for a direction to the CBCID, Chennai, to further investigate the case in Crime No.33 of 2007 on the file of the respondents, on the basis of the complaints, dated 21.01.2007, and 06.03.2007, given by the petitioner, by exhuming the body of her son.
    2. Petitioner is the mother of the deceased Muniyan, who was aged about 26 years at the time of his death.  The deceased was working in Siva's canteen in Kattankolathur.  On hearing that her son was missing, she rushed to Siva's canteen and got shocked, while she was exposed to an infelicitous scenario, seeing the body of her son, hanging from a branch of a tree.  It is stated in the petition that the dresses worn by the deceased were fresh, without any wrinkles.  She smelt a rat on the death of her son. According to her, her son has been cruelly tortured by his employer with the aid of co-workers, namely, Senthil, son of Kannan and Venkatesan, Murthy, the security personnel of the said canteen and the Canteen Manager.  It is further added in the petition that there was no reason for the deceased to commit suicide and the above said persons might be the perpetrators of the crime.
    3. Petitioner lodged a complaint with Maraimalai Nagar Police Station and a case was registered on 20.01.2007 in Crime No.33 of 2007, under Section 174 Cr.P.C.  In the complaint, the petitioner has stated that on 15.01.2007, her son came to her house, on 17.01.2007, he left the house at 05.30 p.m. and on 20.01.2007 at 07.00 p.m., he was found dead on the back side of the canteen.
    4. Learned counsel for the petitioner would strenuously contend that even though in the post-mortem certificate it is stated that there are no external or internal injuries, further investigation would unearth the truth in the matter and, hence, on the scrutiny of the circumstances, further investigation may be ordered, as prayed for in the petition.  

    5. Per contra, learned Government Advocate (Criminal Side) would submit that the absence of external or internal injuries on the person of the deceased would clearly show that it is a classical instance of suicide and the affidavit filed by the second respondent would also clarify any doubt that the investigation had gone in proper direction, after getting a final report from the doctor to the effect that the deceased would appear to have died of asphyxia due to hanging (viscera negative for poison).

    6. In order to scan the materials and to enter into the discussion on the materials available in this matter, it is indispensable to make a graphic narration of the entire findings contained in the post-mortem certificate, which are as under :
    "Rigor Mortis present all over the body. Post-mortem commenced at 01.45 p.m.on 20.01.2007. Moderately nourished body of a male. The tip of the tongue was protruded out and bitten by teeth.  Mucous membrane of mouth tip and tongue were cyanosed. Finger and toe nails were cyanosed.
    A well defined deeply grooved incomplete and oblique ligature mark abrasion measuring 28 cms in length above the thyroid cartilage passing upwards and backwards from the midline of the neck as follows .
    On front of the neck : Ligature marks were 8 cms above the suprasternal notch 2 cm below the lower surface of symphysis 2 cm in width on the left side of neck 2 cm below the left side mastoid prominence 2 cms in width.  On the right side of the neck 6 cms below the right mastoid prominence  2 cms in width. On the back of the neck, ligature marks merged with hairline.  Margins of ligature mark were intermittently bruised and abraded.  On dissection, the tissues underlying the ligature marks were pale, dry, hard.  Mucosa of the larynx were congested and intact.  All the midline structures of the neck were intact no abnormal diagnosis.  No other external or internal injuries or bony injury seen anywhere on the body.


OTHER FINDINGS :
    Brain - Surface vessels congested and full of cross section congested. Scalp vault above and down of the skull bone were intact. No Abnormal Diagnosis

    Hyoid Bone intact NAD,    Trachea empty mucosa, Lungs normal size. Subpleural petechia haemorrhages on cross section -congested. Heart normal size All chambers contained fluid blood.  Stomach contused.  100 gms. of partly digested cooked rice particles with coffee colour.  No specific characterstic smell perceived.  Mucosa congested.  Large intestine - distended with gas.  Vertebral column and spinalcord - intact NAD. Kidney spleen and liver on cross section congested.  Viscera preserved and sent for toxicological analysis.
Opinion :    Reserved pending report of toxicological analysis. "

    7. The doctor collected  internal organs, namely, stomach and contents, intestine and contents, liver and kidney, brain and preservative and despatched them for toxicological examination to Forensic Science Department, Chennai, and on 28.06.2007, a report was received from the said department, with an opinion that the above said five articles were examined, but alcohol or other poison was not detected in any of them.  The doctor, who conducted post-mortem, is a tutor in Forensic Medicine, Medical College, Chengalpattu, while the final opinion has been rendered by the Police Surgeon and Professor, Department of Forensic Medicine of the  said Medical College.

    8. What is disturbing at the sight of the records is, the absence of time of death. It is the case of the respondents that the body was found at about 07.00 a.m. on 20.01.2007 and nobody knows when the occurrence took place.  The only scientific method, which would elucidate the time of death is, analysing the features obtained at the time of autopsy.  In the post-mortem certificate, opinion has been reserved, pending report of toxicological analysis, but, while the final opinion was rendered after scrutiny of the toxicological report, the time of death has not been furnished.  The purpose of conducting post-mortem is to find out the time and cause of death.  Cause of death is available, whereas time of death is not. The post-mortem certificate does not serve the desired purpose.  A ticklish issue could not be resolved on the strength of an incomplete autopsy report and the truth should not be allowed to get eclipsed from the scenario.

    9. Second respondent claims that he has examined important witnesses, who would say that the deceased died due to hanging.  He conducted inquest over the dead body of the deceased, in the presence of panchayatdars, five named persons of the locality, who are residents  of Venkatesapuram Colony, who have unanimously resolved that the deceased died due to hanging.

    10. This Court, in order to verify the versions of both the sides, called for the Case Diary from the second respondent and made an analytical scrutiny.  In the Case Diary, three colour photographs are available,  taken at the scene of occurrence, which show the body of the deceased hanging from a branch of a tree with a rope. A critical examination of the Case Diary would reveal the real state of affairs.

    11. Pending receipt of the toxicological report and  final opinion as to the cause and time of death from the doctor concerned, the Sub-Inspector of Police of second respondent Police Station closed the case on 30.01.2007, as further action dropped for the present. He has mentioned in his report that since no adverse finding was available in the autopsy report so as to suspect foul play in the matter, he determined to drop further action.  When the final opinion was awaited  as to the cause of death, it is odd to wrap up the case on a wrong premise that there was no adverse finding, as the other circumstances are craving for attention.  The occurrence took place on 20.01.2007.  This Court is at a loss to understand the hurry-burry attitude of the police in closing the file within ten days, sending a wrong signal that it was a case of suicide.

    12. On 21.01.2007 and 06.03.2007, the petitioner addressed complaints to first respondent, stating that suspicious circumstances were surrounding the death of her son; on enquiry, she came to know that on the previous night of incident at about 11.15 p.m., while her son was at rest, two persons asked him to come out and took him to somewhere else,  the  whereabouts of one of the duo were not known and the other person attended for duty in the canteen one week ago.  She was definite in her complaint that somebody had physically eliminated her son.

    13. It is to be noted that whenever a requisition from the investigating officer is forwarded to the medical officer concerned, it shall accompany the history of the case also.  As usual, in this case also, a requisition was sent, followed by the history of the case, in which the investigating officer had stated about the occurrence.

    14. When the cases of this nature are brought to the notice of the medical expert, it it his bounden duty to clarify all the doubts, which are more likely to get posed at the time of decision by the Court.  The doctor need not care about the nature of disposal of the case by the police officer.  He has to take every possible step to furnish what are all the material particulars which he could gather at the time of post-mortem examination in his certificate.  

    15. As far as the present case is concerned, no doubt, the doctor has furnished the particulars required to some extent, but it could not be stated that the post-mortem certificate is exhaustive in all aspects.  Whenever a case of hanging or strangulation is brought before the medical expert, he has to bestow his careful attention to the salient features of the ligature mark and other appearances found on the body externally as well as internally and  make his certificate a complete one.

    16. On 20.01.2007, at about 01.45 p.m., the post-mortem examination commenced and, at that time, the doctor found rigor mortis present all over the body.  In his finding, the doctor, while giving the final opinion, should have furnished the time of death also on the strength of available particulars of the presence of rigor mortis on the corpse and on the aspect  that the large intestine was distended with gas and yet other features. The autopsy report, even though is not expected to be more exhaustive, should have contained at least some remarkable features found on the body.  

    17. The subject 'Forensic Medicine' is concerned with the application of medical knowledge and expertise in various legal issues.  Forensic Medicine is a science of comparatively recent growth. Forensic or Legal Medicine is a branch of medicine, which deals with application of medical knowledge, for the purpose of law and administration of justice.  Its earnest motto is the elucidation of truth on scientific basis.  Its particular field of activity is that of investigation in civil and criminal cases.   It is desirable that every Medical Practitioner should have considerable exposure in the area of procedure in Courts of Law, the nature of  medical evidence and other evidence, some of the peculiarities of crime in this country and the deceitful means commonly employed to conceal crime in the like cases.   The police generally conduct all preliminary enquiries as to the offences affecting human body.  The Medical Practitioner is liable to be called upon to give evidence as a Medical Jurist.  It is consequentially advisable that he should learn to look medico legal standpoint upon such of his case as may possibly become the subject matter of judicial investigation.  He should know carefully everything likely to be of medico legal importance, so also to be aware of the fact that medical evidence is not substantive one but usually opinion evidence, which has great corroborative value.  The reliability, completeness and objective investigation of the forensic pathologist facilitate formation of definite opinion by the Court.

    18. A conscious study of the authorities on the subject 'Medical Jurisprudence'  would reveal that the post-mortem certificate should contain as many particulars as possible, which the doctor collects at the time of such examination.  If the post-mortem certificate is bereft of the particulars or contains insufficient findings, then, it will lead to so many difficulties for the deciding authority.  The doctor cannot expect that any kith and kin of the deceased would come out with a version suspecting foul play on the death of the deceased.  But, as adverted to supra, in order render assistance to the administration of criminal justice, the doctor has to furnish in the post-mortem certificate, the possible findings.

    19. As for the case on hand, it is a case of hanging, according to the respondents.  The  features found during autopsy would be leading factors to the authority concerned and the Courts of Law, to find out  the real state of affairs in the matter.  They would definitely indicate as to whether it is a case of suicidal hanging or homicidal hanging.  An in-depth and analytical study of the authoritative points in this subject give rise to import of observance of the proper procedures, to be adopted by a medical expert, who is conducting necropsy.  

    20. This Court has gone through the conspectus of excerpts under heading 'Asphyxia' in various texts, namely Modi's Medical Jurisprudence & Toxicology, 23rd edition; edited by K.Mathiharan and Amrit K.Patnaik HWV Cox Medical Jurisprudence and Toxicology, 7th edition; Lyon's Medical Jurisprudence & Toxicology, 11th edition and Dr.K.S.Narayan Reddy's Medical Jurisprudence and Toxicology, 2004 edition. After wading through the said authorities, the following points have been deduced.

    21. The authorities on the subject would suggest the adoption of appropriate procedure at the time of post-mortem examination.  If the doctor follows the procedures adumbrated in the authorities, then, the job of the Court would become easier. At the same time, if the doctor is able to furnish as much particulars as possible in the post-mortem certificate, there would no difficulty for the investigator  and the Courts as well, to reach a definite conclusion as to whether the hanging was suicidal or homicidal.  In such cases, examination of ligature marks assumes much importance, besides exploration of other connected symptoms.  Following are the important features, which would distinguish the case of suicidal hanging from homicidal hanging :

Trait
Hanging
Strangulation
1.Nature
Mostly suicidal
Mostly homicidal
2.Face
Usually pale and petechiae rare
Congested, livid and marked with petechiae
3.Saliva
Dribbling out of the mouth down on the chin and chest
No such dribbling.
4.Neck
Stretched and elongated in fresh bodies
Not so
5.External signs of asphyxia
Usually not well marked
Very well marked (minimal if death due to vasovagal and carotid sinus effect)
6.Bleeding
From nose, mouth and ears very rare
From nose, mouth and ears may be found
7.Ligature mark
Oblique, non-continuous placed high up in the neck between the chin and the larynx, the base of the groove or furrow being hard, yellow and parchment-like.
Horizontal of transverse continuous, round the neck,low down in the neck below the thyroid, the base of the groove or furrow being soft and reddish
8.Abrasions and ecchymoses
Round about the edges of the ligature mark, rare.
Round about the edges of the ligature mark, common.
9.Subcutaneous tissues under the mark
White, hard and glistening
Ecchymosed
10.Injury to the muscles of the neck
Rare
Common
11.Carotid arteries
Internal coats ruptured in violent cases of a long drop
Internal coats ordinarily ruptured.
12.Fracture of the larynx and trachea
Very rare and that too in judicial hanging
Often found also hyoid bone
13.Fracture-dislocation of the cervical vertebrae
Common in judicial hanging
Rare
14.Scratches, abrasions and bruises on the face, neck and other parts of the body
Usually not present
Usually present
15.Sexual assault
No evidence
Sometimes evidence
16.Emphysematous bullae on the surface of the lungs
Not present
May be present.
17.Tongue
Swelling and protrusion are not so common
Well marked
18.Signs of asphyxia
External signs less marked
External signs well marked
19.Involuntary discharge
Of the faeces and urine are not common
Of the faeces and urine commonly seen
20.Seminal fluid
Usually seen at the glans penis
Rarely seen

    22. For a better understanding, the meanings some of the medical terms used in this order are given as under :
Petechiae :    Tiny purple or red spots that appear on the skin as a result of minute haemorrhages within the dermal or submucosal layers.
Carotid    :    Of or pertaining to the carotid artery

Ecchymosed:    discoloration of an area of the skin or mucous membrane caused by the extravasation of blood into the subcutaneous tissues as a result of trauma to the underlying blood vessels or by fragility of the vessel walls.

Emphysematous:    of an abnormal condition of the pulmonary system characterized by over inflation and destructive changes of alveolar walls, resulting in a loss of lung, elasticity and decreased gases.

Bullae :    Thin walled blisters of the skin or mucous membranes greater than one centimetre in diameter, containing clear, serous fluid.

Carotid sinus :    a dilation of the arterial wall at the bifurcation of the common carotid artery.

Autolysis:  The destruction of cells or tissues by their own enzymes.

    23. In the case on hand, the doctor has carried out the examination of ligature mark by dissecting it and furnished a finding to the effect that on dissection, the tissues underlying the ligature marks were pale, dry, hard and that the margins of ligature mark were intermittently bruised and abraded.  Excepting those features, there are no other particulars with regard to the examination of ligature mark.  

    24. The authorities would suggest that the doctor, who conducts autopsy, may adopt the practice of carefully clipping finger nails and retaining them for serological examination. If any other tissue is available, it would show different serological report, which would justify the theory that the victim had an opportunity to scratch the assailant at the time of occurrence.

    25. The doctor has noted that the ligature mark was well defined, deeply grooved, incomplete and oblique ligature mark abrasion measuring 28 cms in length above the thyroid cartilage passing upwards and backwards from the midline of the neck. He has further added that on the back of the neck, the ligature marks merged with the hairline. The like feature can be effected by garrotting, which means the victim is attacked from behind, without warning.  The throat may be grasped or a ligature is thrown over neck and quickly tightened by twisting it with lever (rod, stick, ruler etc., known as Spanish windlass), which results in sudden loss of conscience and collapse.  So, even if there were no external injuries, still, garrotting and manual strangulation may also cause the ligature mark as if it occurs in the case of suicidal hanging.  Only when the portion of the skin containing ligature mark is subjected to a careful examination as per the procedure, the cause of death could be ascertained.  When some of the features available on the parts underneath the ligature mark may show that it is a suicidal hanging, some other features may also tend to suggest that it is homicidal.  

    26. The petitioner has expressed her non-satisfaction over the investigation and to transfer the same to CB-CID.    

    27. Ordinarily, the Courts would be reluctant to order further investigation in certain criminal cases on mere surmises and conjectures, which the parties entertain in their mind, but, certain cases would warrant further investigation, for which the Courts have to scrutinise the materials carefully.   When scanning of anatomy of  unique features available in the subject medical jurisprudence , very many facets are perceivable.

    28. This Court is much desirous and concerned of expressing that the branch of science of  Forensic Medicine is an effective scientific method, which plays a vital role in assisting the Justice Delivery System to render  justice to the society, in the administration of Criminal Justice.  In order to make this particular subject more viable, more teeth have to be provided by the legislature and the authorities concerned, to make it trendsetting. The service rendered by the Forensic Medicine Experts in this regard is unique and deserves for admiration, but the real state of affairs remain that medico legal cases are handled in this country by the non-forensic experts and none could be blamed in this regard.  No one can expect that a Forensic Medicine Expert alone would be deputed for conducting post-mortem examination and to attend the medico legal cases, since the strength of such expert is comparatively minimal, to cater to the needs.

    29.In this context, it is not out of place to mention the law of the land as regards opinion reached by a medical expert. The Hon ble Supreme Court  of India while discussing import of the opinion rendered by a medical expert has formulated principles to the effect that once opinion of the expert is accepted by the Court, it becomes the  opinion of the Court and not of the Medical Officer.  The operative portion of the judgment reported in 2006 (1) Supreme Court cases in Vishnu alias  Undrya Vs. State of Maharashtra 217 at 224,  in which earlier decision of the Apex Court has been culled out, is as under:-
     21.In Madan Gopal Kakkad V.Naval Dubey (1992-3 SCC 204 = 1992 SCC(Cri) 598) this Court has considered a similar question and pointed out in para 34 at SCC pp.221-22 as under:-
34.A medical witness called in as an expert to assist the Court is not a witness of fact and the evidence given by the medical officer is really of an advisory character given on the basis of symptoms found on examination.  The expert witness is expected to put before the court all materials inclusive of the data which induced him to come to the conclusion and enlighten the court on the technical aspect of the case by explaining the terms of science so that the court, although not an expert, may form its own judgment on those materials after giving due regard to the expert s opinion because once the expert s opinion is accepted, it is not the opinion of the medical officer but of the Court.

    30. Before entering into further discussion in this matter, the existing systems in the field of Forensic Medicine as well as the Medico Legal Curriculum taught in the Indian Medical Schools are to be borne in mind.  The education curriculum in the medical educational institutions have to be arranged, so as to render an appreciable background and exposure in this particular area.  Initiation of steps may be undertaken with an avowed object of alleviating the flaws, which could be noted by the Judiciary in the certificates issued by the medical experts.  Unlike in developed countries, bulk of medico-legal work is still being done by the government medical officers, who are mostly general medical practitioners   Therefore, it becomes all the more necessary to train the medical graduates in a more integrated manner so that they could perform qualitative medico-legal functions, which would be invaluable in dispensation of justice.  
    31.The medico-legal curriculum in India is traditionally packed with a large quantity of theoretical knowledge.  Once qualified, students are expected to blend this information and apply it while performing medico-legal duties.  The knowledge in medico legal features, expected in a fresh undergraduate, should be considered in the curriculum itself which he/she has gone through during his/her course.  Though a fresh undergraduate is anticipated to come out from the institution with the knowledge in clinical and surgical areas of medical science, yet, he/she should not be lagging behind in the field of Forensic Medicine.   

    32.Medical Evidence is a scientific factor, which plays crucial role for determining many of the crimes perpetrated against the human body. Further, the know-how in Forensic Medicine on the part of Medical Officers is of utmost significance for Justice Delivery System. At this juncture, this Court, after going through the materials available in this case and in the backdrop of the authorities on the subject, deems it appropriate and feels compelled to place some suggestions for consideration and implementation by the authorities concerned, in the following manner :
    (1).(a) Directorate of Medical Sciences and Directorate of Medical Education with the concurrence of the State Government may contemplate imparting periodical training to the Medical Officers, who are in Government service, on Forensic Medicine, to make their efficiency updated in the field. A standardised format of noting down the injuries and their signs can be evolved so that a uniform procedure for issuing medical certificate be followed state wide. The said authorities may constitute a team of experts to prepare the format, so as to make the job of doctors, who perform medico-legal functions, easier.    
    (b) Every doctor posted in any Government hospital may undergo a week's training in Forensic Science Department in the nearby Government Medical College periodically and the State Government may evolve a scheme in this regard.
    (c).The Government may provide sufficient infrastuctural facilities to the mortuaries and places where autopsies are conducted.
    (2)(a) In certain cases, the internal organs extracted from the corpse by the Doctor at the time of nicropsy have not been properly preserved, resulting the de-composition or dis-integration of the tissues by autolysis.  When they are subjected to histopathological examination, desired result could not be secured leading to the loss of valuable evidence, which plays a crucial role in determination of the case by the Courts.

    (b)The knowledge of the Medical and Para-medical staff should be updated by imparting periodical training to them.  Adequate exposure to the preservation techniques is the need of the hour in order to secure accurate results. Hence, exhaustive examination of viscera can be obtained, only if the Medical and Para-medical personnel are possessing updated knowledge in preservation technique. The Government through Department of Health have been issuing circulars containing the procedures to be observed and followed by Medical and Para-medical Staff then and there.  In some cases, errors occur on account of mis-application or improper handling of the procedures concerned, resulting in confusion in procedures, which screen the crimes from getting exposed to the eyes of Judiciary.  So, it is desirable to issue the circulars whenever necessity arises, that is to say, if settled or codified procedures were violated or ignored, followed improperly and mis-applied even for a single occasion.

    (3) Medical Officers, who prepare the medical certificates, shall ensure that the findings written by them are legible. Inadequate, illegible and incomplete particulars in medical certificates are stumbling blocks in the administration of Criminal Justice System. The dimensions of the injuries and their colour age in certain cases and other features shall find place in the medical certificates. The format, presently maintained for the post-mortem certificate, may be modified so as to enable the doctor, who conducts autopsy, to furnish all  his findings in detail, with reference to each organ and region as per procedure generally adopted.  

    (4) Expertise of Forensic Medicine Experts may be availed to train the Medical Officers as to the special features on the subject,  to guard against the loss of valuable evidence.

    (5).(a) It is high time, the Governments, the Medical Council of India and the Medical Universities, which control the quality of medical education in this country, took serious view of this aspect and brought about appropriate  measures.

    (b) Every student of medicine should get familiarised with the intricacies of Forensic Medicine apart from academic knowledge, right from his/her undergraduate level i.e., from the educational institution itself, after passing through the curriculum,  prescribed for him/her.  

    (c) To facilitate a better understanding of nuances of Forensic Medicine, the teaching of the subject may be taken up in the later part of the clinical years. In case of their having this subject in the early years of their study, they may not be in  a position to know the importance of the principles applicable to the given circumstances.  The students may read this subject for the purpose of getting through the examination, but the real involvement therein could not be expected.    

      (d)During the internship, all the House Surgeons (Compulsory Rotating Resident Internees) may be compulsorily posted in the Department of Forensic Medicine for a reasonable period, for a better comprehension of the subject. This suggestion is made, viewing that the medical students would sufficiently be equipped at the later part of their studies and the niceties of the features in the subject would be appropriately appreciated by them.

         (6).It is bounden duty of the Government to produce Medical Experts in the educational institutions with a strong academic background, who would be fit for becoming members in the Health Delivery System and also for rendering yeoman services, to assist the Justice Delivery System, for which their exposure in the field of  Forensic Medicine is indispensable.
       (7)The authorities concerned may initiate efforts to increase number of admissions to Post Graduate Course in Forensic Medicine and to get due recognition from Medical council of India, and ensure output of such experts cater to the needs to a greater extent.
      (8)The brass of police may issue directions to the Investigating Officers of the crimes, to get final opinion as regards the nature of wounds in injury cases and time and cause of death, in cases where unnatural death has occurred, before taking any decision either to proceed with the case or to drop further action.  Instructions may also be issued, not to make any slipshod or improper investigation in the cases handled by the police, on the strength of wound certificates or post-mortem certificates, which lack material particulars.  Necessary training may also be given to the police personnel, with regard to the appreciation of medical records, at the time of investigation in medico legal cases.

    35.Adverting to the case on hand, no external injury was found on the body of the deceased.  Hence the prayer  for exhumation of body of the deceased cannot be countenanced owing to passage of time.  Considering totality of circumstances, it is deemed appropriate to direct CBCID to undertake further investigation in order to unearth truth in this matter.  The said agency is also directed to get final opinion from concerned Medical Officer as to the time of death.

36.The Criminal Original  petition is disposed of with following direction:
(a) Further investigation by the CB-CID, Chennai shall be taken in Crime No.33 of 2007 on the file of the second respondent and a final report be filed within a period of three months from the date of receipt of  case records from the second respondent.
(b). The prayer as regards exhumation of body of the deceased is rejected.  


Index : Yes                    16- 02 -2008
Internet : Yes
dixit/ssm



To
1.The Superintendent of Police,
   Kancheepuram District,
   Kancheepuram.
2.The Inspector of Police,
   Maraimalai Nagar Police Station,
   Maraimalai Nagar,
   Chengelpet Taluk,   Kancheepuram District.
3.The Public Prosecutor,
   High Court, Madras.
4.The President,
   Medical Council of India,
   AIWAN-E-GHALIB Marg,
   Kotla Road,
   New Delhi-110 002.
5.The President,
   Tamil Nadu Medical Council,
   Ist Floor, 'D' Block, TNHB Complex,
   Jawaharlal Nehru Road,
   (100 feet) Inner Ring Road,
   Vadapalani, Chennai 600 026.
6.The Directorate of Medical Sciences,
    Chennai.
7.The Directorate of Medical Education,
    Chennai.
8.The Chief Secretary to Government of Tamil Nadu,
   Chennai.
9.The Secretary,
   Department of Health and Family Welfare,
   Fort.St.George,
   Chennai.
10.The Director General of Police,
   Chennai.

        

S.PALANIVELU,J.
Dixit/ssm









PRE-DELIVERY ORDER
                                   IN
                CRL.O.P.No.12582 OF 2007







                                   16.02.2008        

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