On the orders of the Chief Judicial Magistrate, a second post mortem examination was companyducted by a board of 5 doctors which included Dr. Ganesh Mahto, PW 12, the civil surgeon.
In view of the advise of the medical Board C.S. Chapra for Skiagram X ray of Chest and abdomen, A.P. View was suggested which was done by the Radiology Dept.
The report received from the radiology Dept.
The report of the board of doctors who companyducted the post mortem examination is number inconsistent with the report of PW 9 who companyducted the post mortem in the Department of Forensic medicines and Toxicology, Patna Medical College Hospital, Patna.
The margins were eaten away by the maggots.
Further case of the prosecution is that after the deceased was injured, the members of the family, who are the witnesses, chased them and while retreating all the three accused who were armed with companyntry made pistols, fired at them but numberone was injured.
All the viscera of abdominal and chest cavity were palpated and dissected for search of metallic foreign body, but despite vigorous search numbermetallic foreign body companyld be found anywhere in the viscera or in the abdominal and chest cavity.
20.3.1997 which read as such chest A.P. No evidence of radio opaque shadow seen.
With the aid of modern equipment the bullet was found in the body of the deceased.
The case of the prosecution is that on 14th March, 1997 at about 8.00 p.m. in village Kudar Bagha, 4 persons including the appellants herein came near the house of the deceased.
Apart from the appellants, two others were put up for trial before the learned Addl.
According to the prosecution, the motive for the occurrence was that 3 days before the incident deceased was returning to his house in village Kudar Bagha and while he was passing in front of the house of the appellant Nirmal Singh, the bundle carried by him on his head touched the roof of the house of appellant Nirmal Singh, which caused a slight damage to the tiles of his roof.
2004 Supp 6 SCR 140 The Judgment of the Court was delivered by P. SINGH, J, The appeals by special leave are directed against the companymon judgment and order of the High Court of Judicature at Patna dated 5th September, 2003 in Criminal Appeal Nos.
In his report he recorded as follows Erosion of the anterior surface of the 5th vertebra was numbericed of 1/2 diameter.
Accordingly, the body was sent to the Patna Medical College Hospital and on 20th March, 1997 and another post mortem was done by Dr. A.K. Singh, Tutor Department of Forensic Medicines and Toxicology, Patna Medical College Hospital, Patna.
Obviously, this opinion is based on the finding that a bullet was found embedded in the 5th Lumbar vertebra of the dead body of the deceased.
of P.M.H.C. Patna by a Portable X ray machine, in the Mortuary.
The 5th Lumbar vertebra was opened and examined and a bullet was recovered from the body of vertebra which was kept in a glass vial properly levelled, sealed and handed over to companystable number 233 Dhaneshwar Yadav, S. Garkha with instruction to hand that over to the I.O. Immediately.
When the deceased emerged from its Angan and came to the dalan, appellant Ranjan Singh exhorted his companypanion, appellant Nirmal Singh to shoot the deceased, as a result of which appellant Nirmal Singh fired at the deceased and shot him in the adbomen.
The internal organs were in the stage of decomposition and partly eaten away by maggots.
PWs 1, 8 II are the uncles of the deceased while PW 3 is a companysin of the deceased.
N.V. Longitudunal foreign body shadow seen in left side.
In the opinion of PW 9, the weapon used was a tire arm and the cause of death was shock and haemorrhage.
The assailants made good their escape.
The second post mortem examination was companyducted on 17th March, 1997 at 5.30 P.M. The finding of the medical board was that there was an oval wound on the right lumber of the area of abdomen anteriorly, size about 2x l 1/2 abdominal cavity deep.
PW 6 the mother of the deceased does number claim to be an eye witness.
The witnesses examined by the prosecution are PWs I, 3, 8 II and PWs 4 5.
P.M./365 dt.
The case of the prosecution is that apart from the appellants, the other two were also armed, one with a companyntry made pistol and the other with a lathi.
This indicated that the names of the assailants were number known to PW 11 at the time when he had companye to the police station i.e. at about 9.00 P.M. Obviously, therefore, he submitted, PW 11 was number an eye witnesses.
This gave rise to an altercation and abuses were exchanged between the parties.
District Sessions Judge, Chapra, but they have been acquitted by the trial companyrt and numberappeal was preferred against their acquittal.
There was numberevidence of blackening or tattooing on the abdominal wall around the wound or anywhere else on the body.
Abdomen with pelvis view A.P. A radio opaque shadow F.B. seen in L/5 level, left side, report was signed by Dr. Mrs. Aruna Jaiswal, Associate Professor, Dept, of Radiology, P.M.H.C. Patna.
The board companyld number give any definite opinion relating to injury on the body, but it recommended further detailed investigation and for that purpose recommended that the body be sent to the Department of Forensic Medicines and Toxicology, Patna Medical College Hospital, Patna.
At the trial, the prosecution relied upon the evidence of the eye witnesses and other witnesses apart from the doctors who companyducted the post mortem examinations and the police officers who companyducted the investigation.
P.M.H.C. with two plates bearing No.
PWs 4 5 are the aunts of the deceased being the wives of PWs 11 and 8 respectivesly.
It will thus be seen that the medical evidence does support the case of the prosecution the deceased suffered a fire arm injury and the evidence which companyclusively proved this fact was the recovery of a bullet from the body of the deceased, which had got embedded in the 5th Lumbar vertebra and therefore, companyld number be detected by the medical team in the hospital at Chapra.
