HC: Autopsy Reports Can Be Used Even If Doctor Is Dead
The Telangana High Court has reaffirmed that postmortem reports remain admissible as evidence, even if the doctor who conducted the autopsy is unavailable or deceased.
Justice E.V. Venugopal, presiding over a single bench, clarified that under Section 32(2) of the Indian Evidence Act, 1872, postmortem reports can still be used in court if another medical expert, familiar with the original doctor’s handwriting and signature, authenticates the document.
Case Background: 2002 Death in Kodparthy Village
The case originated from the 2002 death of Upparapally Chinna Jangi Reddy, who succumbed to injuries following an alleged assault in Kodparthy village, Thimmajipet Mandal. The police in Jadcherla registered a case under Sections 302 (murder), 504 (intentional insult), and 323 (causing hurt) read with Section 34 (common intention) of the Indian Penal Code (IPC). Later, the accused was convicted under Section 304 Part II (culpable homicide not amounting to murder).
Defence Arguments and Court’s Response
The defence challenged the conviction, claiming that the deceased had sustained injuries 15 days earlier from a fall into a well. They also questioned the admissibility of the postmortem report, as the doctor who performed the autopsy was not present to testify in court.
However, the Telangana High Court dismissed these arguments. The court relied on the testimony of P.W.16, a medical expert, who confirmed that the cause of death was septicemia shock due to intestinal and kidney injuries.
Accused Still Liable Despite Pre-Existing Conditions
The court further emphasized that even if the deceased had pre-existing medical conditions, the assault-related injuries accelerated his death. Citing Explanation (1) to Section 299 IPC, the court stated that if an injury hastens death, the accused is considered responsible for causing it.
Legal Basis for Admitting Postmortem Reports
The High Court clarified that typically, a postmortem report serves to either support or challenge statements made under Sections 147 and 145 of the Indian Evidence Act. However, Section 32(2) provides an exception, making the report admissible even if the certifying doctor is unavailable.
The court observed: “Normally, a postmortem certificate can be used to support or challenge testimony under Section 147 or contradict statements under Section 145, or refresh the doctor’s memory under Section 159 of the Evidence Act. However, Section 32(2) is an exception. If the doctor who conducted the autopsy is deceased or unavailable, the report remains relevant and admissible as evidence.”
Modified Sentence Considering Prolonged Litigation
While upholding the conviction under Section 304 Part II IPC, the court modified the sentence due to the prolonged 23-year legal battle. Instead of the original five-year imprisonment, the court reduced the sentence to the time already served. However, the court increased the fine to Rs 2,00,000, payable to the deceased’s legal heirs.
The ruling stated: “Since the offence occurred in 2002 and the petitioner has contested the case for over two decades, the sentence is modified to the period already undergone. However, the fine is enhanced to Rs 2,00,000. Failure to pay the fine will result in one year of simple imprisonment.”
Conclusion
This judgment underscores the legal standing of postmortem reports as key forensic evidence in criminal investigations. It ensures that crucial medical documents retain their evidentiary value, even when the original examining doctor is unavailable, thereby upholding the integrity of forensic medicine in the judicial process. Furthermore, the ruling acknowledges the need for a balanced approach to sentencing, considering the extended duration of litigation.
Source: Inputs from various media Sources
Priya Bairagi
Reviewed by Dr Aarti Nehra (MBBS, MMST)
I’m a pharmacist with a strong background in health sciences. I hold a BSc from Delhi University and a pharmacy degree from PDM University. I write articles and daily health news while interviewing doctors to bring you the latest insights. In my free time, you’ll find me at the gym or lost in a sci-fi novel.
