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A Comparative Analysis Of Various Indian Legal
Systems Regarding Medical Negligence: Criminal, Consumer Protection &
Torts Laws:
With the
awareness in the society and the people in general gathering
consciousness about their rights, measures for damages in tort, civil
suits and criminal proceedings are on the augment
Law And Medicine With Special Reference To Genetic
Engineering And Gene Therapy:
A
gene
is a locatable region of genomic sequence, corresponding to a unit of
inheritance, which is associated with regulatory regions, transcribed
regions and/or other functional sequence regions.....By
Sayantani Chatterjee
Are Phase I Clinical Trials of
Foreign Drugs Permitted in India:
The Indian Clinical Research Outsourcing (CRO) industry is
growing rapidly and brings with it attendant regulatory
concerns....By
Adv.Arijit Chakraborty
Medical Jurisprudence: An Indian Law Perspective:
Medico-legal is the term, which incorporates the basics of two sister
professions i.e. Medicine and Law. Everybody talks about the law but
few, aside from lawyers, judges and law teachers, have more.....By
Sneha Venkataramani
Medico-Legal Significance Of Bruise:
A bruise is called a "Contusion". This is seen as a bluish
coloured area on the surface of the skin to begin with.
This is due to the rupture of capillaries....By
Prof
(Dr) J.P.Saxena (M.B.B.S; M.D, F.A.F.Sc; LL.B.)
Medico-legal Expert cum Toxicologist & Advocate
Scientific Defence Of Injuries
(Abrasions): It is very common to find
abrasions in different types of medicolegal cases say
Assaults, Rape, Strangulation etc....By
Prof
(Dr) J.P.Saxena (M.B.B.S; M.D, F.A.F.Sc; LL.B.)
Medico-legal Expert cum Toxicologist & Advocate
X Vs Z on AIDS: On account of
disclosure of the fact that the Appellant was H.I.V.(+) by the Hospital
authorities without the express consent of the Appellant, the Appellants
proposed marriage ...
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Significance Of Ligature Mark In Cases Of Strangulation:
Very often we hear of deaths due to
strangulation. Strangulation is a violent type of death due to asphyxia
resulting from the constriction of neck by means of ligature or any other
means where body is not suspended. This is also brought about by compressing
the neck by means of foot, knee or any other solid article. In a form of
Strangulation called? BANSDOLA ? the victim's neck is compressed between the
two bamboos, one placed in front and the other behind the neck, the ends
of which are fastened by the rope at the ends.
In all these cases, a mark is left behind indicating the method used to strangulate the victim. The death occurs when the pressure
applied is sufficient to obstruct the air passages and the blood vessels
of the neck. Thus one thing is clear that a person cannot strangulate himself
as he cannot exert that much pressure on himself because the person will
become unconscious after applying little pressure on the neck and the pressure
cannot be sustained thereafter.
The close examination of ligature mark and the state of structures in the neck region under the ligature mark provide vital clues
as to the method applied for strangulating the victim.
It is very common to find that a rope is twisted round the neck and pressure is applied by pulling both the ends of rope in proximity
to each other. Thus such a method leaves behind a ligature mark encircling
the neck once, twice or thrice (As the case may be) and is found all around
the neck. This is circular but may be oblique if the victim is dragged after
tying the rope. There may be an impression of the knot which may be single
or multiple. The oblique ligature mark is also found in cases where the victim
is strangled from behind in a sitting position and the force used is from
backwards and upwards. Generally these ligatures are situated below the Thyroid
cartilage in the neck region.
On removing the ligature, the base of the groove will be found pale and their margins will be reddish and ecchymosed. If this
is examined after some hours of death, this will be dry, hard and
parchymentised. Sometimes there are abrasions and ecchymosis in the skin around, when a rope
made of jute is used. The pattern of the rope is judged from the
impression of the impact left at the site of ligature. Rope is a hard material and thus
the impressions are clearly visible. In cases where soft material like dhoti
or scarf has been used, sharp impressions are not seen but the effects of
the application of pressure at the site are clearly found out. Sometimes
they are invisible, if the material used is yielding in character like stocking
or handkerchief. In some cases, the clue is obtained from the
fibers of the material used which are found at the site.
In cases where stick or foot is used to strangle the victim, a bruise is found in the centre of the neck and the mark of the substance
used is found. In case one stick in front and one behind the neck have been
used, the marks of bamboo sticks in real dimensions will be present.
In the common forms of strangulating the victim as mentioned above, sufficient pressure is needed to cause death and thus changes are
found in the structures below the skin where the ligature mark is found.
These changes are seen on dissecting the neck region in the area of the ligature
mark. When this examination is done by dissecting the neck, the extravasation
of blood (Accumulation of blood) in the subcutaneous tissues (Tissues beneath)
is seen under the ligature mark. This is due to the rupture of blood vessels
of the area due to the pressure applied. Besides thus, the
muscles of the
neck in the area involved are also found lacerated (Torn). At times, the
sheath of the Carotid artery (Main artery of the region) is found
lacerated and there is effusion (Collection) of blood in its walls. If the force has
effected the Hyoid bone, it is found fractured but when present, this is
taken to be the surest sign of death due to strangulation. Similarly, the
cornua of the Thyroid cartilage may be found fractured.
Medicolegally, to say that the ligature mark has been caused due to strangulation, it may be kept in mind that the soft ligatures like dhoti,
silk and scarf may not produce any mark. Sometimes similar marks may be
produced by wearing a collar or band in the neck loosely and in decomposed bodies due to pressure of gases, in the region. They may give a picture to look like a ligature mark due to strangulation. So
along with the ligature mark which may be circular round the neck presenting ecchymosis at its basewith
parchmentisation ,with the lapse of time, the effects of violence must be
present in the underlying tissues like rupture of muscles and blood vessels
as well as accumulation of blood underneath, besides other characteristic
signs of strangulation in body. If the pressure applied has been great, there
will be fracture of Hyoid bone at a particular site, which is considered
as the surest sign of strangulation by some authorities.
A tip to advocates for defence in a case of strangulation :-
The scientific defence in case of strangulation centres round the postmortem
report itself. The advocate should look into the findings mentioned in the
report and compare them with the findings which should be found in a case
of strangulation (Particularly the description of ligature mark and injuries
to the deeper tissues as indicated in the article ) . The difference, if any,
will be of help in defence . In case of doubt, advocate should consult a
medicolegal expert.
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