Wednesday, June 18, 2008

A case of ligature strangulation,head injury






In the year 2005 I conducted postmortem examination on the body of one 11year old girl involved in valappad crime. There were finding in favor of ligature strangulation as horizontal ligature marks, soft tissue injury on the neck, head injury. Examination of the anal orifice reveled that she is used to the act of sodomy. Anal swab & smear proved +ve for semen & spermatozoa.The accused was arrested & he faced trail in the children's court, Ramavarmapuram during the middle of 2007. I took the photographs at the time of conducting the autopsy,but did not include the photos in the certificate. That was a mistake on my part. At the time of cross examination I showed the photographs to the Hon: Chief judicial magistrate & requested to include the same as evidence. The defence objected it & at last it was taken as evidence. No idea regarding the verdict given

Public prosector takes the role of defence lawyer

I did one murder case registered under OLLUR police station limits. The accused for brought to the department for taking the nail clippings & blood. DR. N.G.Revi was in charge of the department on that day. Since the department was not having a nail cutter & disposable syringe ,we requested the accompanying police constables to buy the required things. They did not like the request fro us & more over in the request they have shown the arrest of the person at 1200hrs & in fact he was brought at 1030 hrs.The above said matter was highlighted by Dr.N.G.Revi. We had a big quarrel after that . In the end they bought the materials & we did the needful. The police gave a report in the evening daily a report like this. "Dr.N. Rajaram is humiliating the police force & he is very ,quarrelsome,arrogant & action should be taken against him". The above said daily was brought by my friend Dr. P.C.Ignatius. I did not pay ant attention to it.
After few years when the case was posted at I additional sessions court, TRICHUR,before my court appearance I met the prosecutor Sri. Francis in his office. The first comment from him was that when Iam going to ask you regarding whether the investigating officer had questioned you in this case ,you should say "YES". I said "NO". Under that circumstance Iam going to declare as hostile. I said proceed. When I was about to leave from his room & he again put forth another request " Iam having certain doubts to clarify? I replied back "anyway you are going to declare me as hostile & the answer to your question will be given by me in the witness box.
The Hon: judge was Sri. Bhavadasn Nampoothri. After swearing in the box,the first question asked by the prosecutor "have you been questioned by the police"?I replied "NO". He was referring me as liar &was making a comment that I used to treat the police very badly& therefore he is going to declare me as "HOSTILE"
The judge opposed & informed that he new me well & there is no point against me to declare as hostile. I gave a deposition of what had happened at the time of examining the person. After taking down my explanation he was criticising the police & informed the prosecutor that it is unfair on his part to raise unnecessary comments against me

Miscarriage of justice

A political assassination with respect to Guruvayoor police station was posted at I additional sessions judge's court at TRICHUR years back. There were some ten accused persons who were facing the trail. The Special public prosecutor was none other than Sri. Veerachandra Menon. The defence lawyer was Late Sri. Kunjirama menon.It is acustom to meet the public prosecutor in each & every case in which we used to appear as witness. In this case also I met Sri. Veera chandra menon at the morning hours in his office. One request put forward by him is that "when I ask a particular question You may please answer in this way"!!. I replied back like this. Since your the Special prosecutor for this case you may tell like this & once that is over I will be facing you in another occasion as a defence lawyer & you may highlight the precedence at that time. I do not want that to happen & please excuse me.I had a very good time in the court with these eminent advocates & all the accused were sent to jail.

After few years it was reveled in another investigation ordered by high court that the real accused in that particular case were living as respectable citizens. A re-trail of the case was not undertaken so far