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Foram Chauhan   08 August 2015

How to challenge post mortem report in gujarat

Hello there everyone!

I wanted to inquire about how to challenge a Post Mortem Report of Civil Hospital Rajkot, Gujarat. 

There was a sudden death of a 42 year old male which is registered and under investigation under CRPC 174. I have received the post mortem report which was done in absence of Forensic Medical officer/expert. I suspect serious foul play in Post Mortem Report and want to Challenge the same please guide me for the same. 

Thanks in Advance



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 August 2015

 In practice report is very rarely denied. If it is denied it can be challenged by judicial review. Court may order for second post mortem. But by the time the dead body must preserve.

N.K.Assumi (Advocate)     08 August 2015

You will be examining a medical xpert and to demolished any Medical report, one has to master the medical report itself and be an expert in the field by mastering that very evidence.Find out all the other medical attendants from doctors to nurses and study their versions to find out the missing link or any lapses including medicines or injection chart. As for example in case of murder by burning you have to master what, how and why death is caused by burning : Is burning caused before death or after death etc, and also consult medical expert on the subject.

Foram Chauhan   08 August 2015

I have consulted a medical expert and who has pointed missing things from post mortem report. I am objecting the report as its calling it a death by acute mayocardial Infraction but deceased had no Cardio problem, diseased nor 3 generations had any heart related death. There was mark on his forehead/face after post mortem which I have never seen in other cases and many such things. I want to know how this report can be put under review, if judicial review than what is procedure. I am sure that post mortem was done in influence and not properly so cause of death is not correct. Kindly guide and help In this situation.

N.K.Assumi (Advocate)     08 August 2015

"There was mark on his forehead/face after post mortem which I have never seen in other cases and many such things":Now, is there any Book on medical jurisprudence which says that in case of death by acute mayocardial infraction there will be mark on forehead/face etc? Did you checked whether there was any fractures of bones due to mayocardial infraction? Was the mark caused before postmortem or after postmortem? you can call your own medical expert to explain the same. I think you have a case a Big case: All the best.

Foram Chauhan   08 August 2015

There is no medical jurisprudence which says there will be any mark on forehead. The mark was after Post Mortem. The medical expert said there is no need to make any mark on face while doing post Mortem. There was no fracture as per report and it says there was no injury. Whom should I make application to review this report and and how to challenge it.

Foram Chauhan   09 August 2015

There is no medical jurisprudence which says there will be any mark on forehead. The mark was after Post Mortem. The medical expert said there is no need to make any mark on face while doing post Mortem. There was no fracture as per report and it says there was no injury. Whom should I make application to review this report and and how to challenge it.

N.K.Assumi (Advocate)     09 August 2015

PM or Autopsy or Necropsy are of two types, clinical or academic PM which is perform with the consent of the relatives to know the extent of the illness for which deceased was treated, on the other hans forensic PM or medico legal PM is performed on the requisition of legal authority that is a police officer or executive Magistrate to investigate sudden, suspiscious, obscure, unnatural or criminal deaths. PM is always thorough and complete as the circumstances permit and the three great cavities and the organs contained in them should be propely examined.When medico legal PM is perfomed it should be complete and partial PM is not permitted.

Case Law:Sharda Vs State of Maharasthra AIR 1984 SC 1622: State of Maharasthra vs Manglya AIR 1972 SC 1797: Bhagwan Singh vs State of Punjab (1999) 9 SCC 573.

 


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