High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. PALANIVELU
Muniammal
Versus
The Superintendent of Police, Kancheepuram District & Another
Criminal Original Petition No.12582 of 2007
Decided on : 16-02-2008
B. FORENSIC MEDICINE - Present system of medico-legal curriculum in medical education not satisfactory - Several suggestions for consideration and implementation by authorities, offered by Hon’ble Court (Para 30-36) - See also Cr PC, Section 482 (816).
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 Sivas canteen in Kattankolathur. On hearing that her son was missing, she rushed to Sivas 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 skul
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