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Full text of "Medical Jurisprudence And Toxicology"

BLOOD  STAINS                                                              87

great care should "be taken that the articles of clothing are not scorched.
Unless the clothing is dried thoroughly, putrefaction is likely to set in and
render recognition of the origin of stains either difficult or impossible.3 JDhe—
investigating officers are also required to forward the entire garment or
weapon to the Chemical Examiner along with a history giving all relevant
information about the medico-legal aspects of the case and the section of the
Indian Penal Code under which the case has been registered. If the stains
are .on large and heavy articles, such as doors, cart-yokes, furniture, etc., or
on walls, floors and other places which cannot be sent entire, the stained
portions should be cut out or sawn out as far as possible and sent to the
Chemical Examiner.

The magistrate conducting the inquiry in a criminal case is authorized
to make a reference to the Chemical Examiner for chemico-legal problems
involved in the case, and the medical officer is required to prepare and
despatch to the Chemical Examiner the articles having suspected blood stains
which require chemico-legal investigations.4 ^When such articles are brought
by the police, it is the first duty of the medical officer to see that the articles
tally with the description supplied by the police. If the description is^not
given, he should, before transmitting them to the Chemical Examiner, describe
very minutely all the features of the articles, e.g. the size, colour and consist-
ence of the clothing, as well as the number, situation and pattern of the
stains present. After completing the examination, he should label each
article separately, and pack them in a sealed packet to be forwarded for
chemical analysis on receiving intimation from the trying magistrate. This
precaution is necessary to enable him to identify them subsequently in court
that those were the articles which he was asked to forward to the Chemical
Examiner.

On receiving the parcel, the Chemical Examiner should note and record
the nature of the packing and compare the seal impressions affixed to the
parcel with the fascimile impressed on the forwarding letter. He should also
obtain a certificate from the magistrate permitting him to cut out portions
of the stains or to destroy the articles, if necessary, for purposes of exami-
nation. Without such a certificate, any examination by the Chemical
Examiner is an irregular procedure involving probably legal complications.
After the examination is over, the articles should be packed carefully and
sealed in the presence of a gazetted officer and kept in the strong room until
they are required for production during the trial of the case.5 If not required
by the court, they are destroyed usually after six months.

The points that are usually required to be determined regarding stains
on an article sent for examination in cases of alleged wounds, rape and un-
natural offences are—

1.    If the stains are due to blood or any other substance.

2.    If they are due to human blood.

Examination of Blood Stains.—The examination of blood stains may be
earrieoTbut by five methods—Physical, Chemical, Microscopical, Spectroscopi-
cal and Biological.

Physical Examination.—lUJs-^said that the physical examination is con-
ducted with a view to detern^imgjlie^agfi^of the stain and with a view to
ascertaining whether the stafii is of arterial or venous blood or of blood of

3.    The U.P. Medical Manual, 1934, para 797, p. 225.

4.   In Bihar, Orissa, Assam and Bengal the police forward the articles direct to the
Chemical Examiner either through the Superintendent of Police or the Subdivisional
Magistrate.

5.   In the United and Central Provinces the Chemical Examiner is required to return
clothes  and other articles  in blood  stain cases  to the District Magistrate after their
examination is over (vide para 800, The U.P. Medical Manual, 1934, p. 226).