• Postmortem report analysis

There is IPC 304,34 with Electricity act 135 against me, Viscera not preserved, inquest panchnama shows injury but PM report doesn't mention about it, entry wound mentioned but exit wound is absent. Please help how I can get help from private medico legal expert for analysis of PM report
Asked 8 years ago in Criminal Law
Religion: Hindu

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11 Answers

1. if PM report mentioned that viscera is not preserved but handed it over to the prosecution then you have right to oppose finding of PM because it is mandatory to preserve viscera for further authenticity of PM.

2. if discrepancy is occurred in PM then you can challenge entire proceeding and get the proceeding quash under section 482 crpc.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. The private report on the post mortem report issued by the public hospital has no relevance in criminal prosecution.

2. The anomaly in the report is not enough to discharge you from the charges.

3. DO note that if there is eye witness to substantiate the allegations then contradictory PM has no relevance.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Take help of a medical professional to interpret the PM report but the same would be accpeted in court.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. The report of the private medical practitioner is not given any weightage by the court in criminal trials.

2. Discharge can be ordered only and only if there is no prima facie case made out against the accused. If there are irregularities in the PM report it is a fact that the accused can maneuver in his favour at the trial, but this alone is not a ground for discharge.

3. Consult a lawyer with complete documents.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The autopsy consists of the external examination (detailed examination and documentation of the body), internal examination (detailed examination and documentation of the organs and internal body structure), toxicology tests, and microscopic examinations. The external examination is head to toe and includes measurements of all wounds, scars, marks, tattoos, and condition of the body and structure.

2)internal examination includes the in situ examination of the organs, removal of them with weights, and complete external/internal examination of the organs. This examination also includes the assessment of bullet trajectory, wound tracts, ligature markings, etc.

3)post mortem report would certify the Cause and Manner of Death

4) findings will have a Cause of Death, which will include any factors directly contributing to or causing the death, and Manner of Death, which include Natural, Accident, Suicide, Homicide, and Undetermined.

5) in your case it appears that PM has been casually done as it does not deal with the injuries on the body

6)it is surprising that inquest panchanama mentions injuries on body but PM does not deal it

7)viscera should have been preserved and handed over to the police

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) you can contact any criminal lawyer on the website and seek review of the legal documents

2)lawyer would after going through the documents sent by you advise you on the grounds for discharge

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

it appears there are number of contradictory facts in the panchanama , pm report and police station diary

it would help you in your defence when cross examining the prosecution witnesses

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

There is IPC 304,34 with Electricity act 135 against me, Viscera not preserved, inquest panchnama shows injury but PM report doesn't mention about it, entry wound mentioned but exit wound is absent. Please help how I can get help from private medico legal expert for analysis of PM report

A private medico legal expert pinion may be obtained provided the expert is a licence holder to give such opinions or else you may refer to government expert's opinion itself afresh.

The private medico legal expert's credential may be questioned by the opposite side hence you got to be doubly sure about the same.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

I wanted complete stand for discharge, , How much will it cost?

What do yo mean by complete stand for discharge, is it any article on sale that you are enquiring about its cost?

The cost of proceedings means the lawyer's fee and the court fee, which can be enquired from local since it is a local subject and the lawyer's fee cannot be predicted by another lawyer.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Inquest panchnama says , deadbolt handed over to relatives at 9.00 am, where as PM started at 2pm and ended at 3 pm, police station diary states that police official, after completion of PM handed over dead body to relative and reported to police station at 2.30 pm and handed over Viscera bottles to another officer, where as PM report clearly states that Viscera not preserved.

The contradictions in the reports submitted by police shall be advantageous to you.

You can extract more such contradictions during cross examination and create a situation to be more beneficial to your case/defence.

You can argue that the postmortem was not at all conducted and neither viscera was preserved hence there is a possibility that the police have hurriedly closed the case without proper investigations. This clearly proves that the case has not been proved beyond doubt hence the benefit of doubt be given to the accused and he be acquitted.

Discuss with your advocate more such issues during trial and secure the situation in your favor.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

I just wanted interpretation of PM report.

If you have the copy of the postmortem report, how can you expect a lawyer of this forum to interpret the postmortem report without seeing it.?

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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