MD SAYUM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE viscera in cases of unnatural death is crucial.in criminal jurisprudence. Chapter 10 and 42 of the Bihar Police Manual contain detailed guidelines.

(2.) THIS Court while hearing bail applications has come across several cases, where the viscera and the need for its report has been treated with great disdain both by the Investigating Authorities and the Medical Authorities. The non -availability of the viscera can prove prejudicial to the prosecution. The delay in transportation and examination of viscera can produce flawed results.

(3.) THIS Court in the circumstances required the Superintendent of Police, Samastipur and the Medical Officer Incharge of the Sadar Hospital, Samastipur, to file an affidavit explaining the non -availability of the viscera report. The affidavits were disturbing and prompted this Court to pass the present Order.