Crime Scene Investigation and Reconstruction: An Illustrated Manual and Field Guide 1032211555, 9781032211558

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Crime Scene Investigation and Reconstruction Crime Scene Investigation and Reconstruction: An Illustrated Manual and Field Guide provides methodologies to help investigators to think broadly when seeking out evidence at a scene and, likewise, utilize all the information from a case—especially the observable physical evidence, besides that are collectable, in reconstructing events. In the introductory chapters, the author highlights the importance of crime scene reconstruction when answering the question “How something could have happened?” From there, he goes on to explain the principles of exchange, identification, individualization, and reconstruction. Here, the “observe-­hypothesize” model, proposed in this book, is presented: outlining how every source of information ranging from laboratory reports, opinions from medical doctors, statements of witnesses, and confessions of suspects should be reconcilable with the evidence-­ based reconstruction made in the crime scene. In this, the author contends that qualified crime scene generalists are the ideal professionals to frame scientific hypothesis and to make reconstructions. Practical recommendations, based on best-­practice general crime scene procedures, are provided while the second half of the book illustrates and outlines how to deal with various types of major crime scenes, including fire deaths, exhuming buried human remains, sexual assaults, death by electrocution, explosion, drowning, poisoning, hanging, and more. As a picture is worth a thousand words, over 400 collective photographs and sketches are included throughout the book to illustrate the observational methods that are described. In addition, the book provides several easy-­ to-­follow flowcharts to serve as checklists to aid scene investigation in major types of crime scenes. In this, Crime Scene Investigation and Reconstruction: An Illustrated Manual and Field Guide will help investigators readily recognize similar manifestations in crime scenes and apply and use such techniques appropriately in their own work.

Crime Scene Investigation and Reconstruction

An Illustrated Manual and Field Guide

Paul T. Jayaprakash

First edition published 2023 by CRC Press 6000 Broken Sound Parkway NW, Suite 300, Boca Raton, FL 33487–2742 and by CRC Press 4 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN CRC Press is an imprint of Taylor & Francis Group, LLC © 2023 Paul T. Jayaprakash Reasonable efforts have been made to publish reliable data and information, but the author and publisher cannot assume responsibility for the validity of all materials or the consequences of their use. The authors and publishers have attempted to trace the copyright holders of all material reproduced in this publication and apologize to copyright holders if permission to publish in this form has not been obtained. If any copyright material has not been acknowledged please write and let us know so we may rectify in any future reprint. Except as permitted under U.S. Copyright Law, no part of this book may be reprinted, reproduced, transmitted, or utilized in any form by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying, microfilming, and recording, or in any information storage or retrieval system, without written permission from the publishers. For permission to photocopy or use material electronically from this work, access www.copyright.com or contact the Copyright Clearance Center, Inc. (CCC), 222 Rosewood Drive, Danvers, MA 01923, 978-­750-­8400. For works that are not available on CCC please contact [email protected] Trademark notice: Product or corporate names may be trademarks or registered trademarks and are used only for identification and explanation without intent to infringe. Library of Congress Cataloging‑in‑Publication Data Names: Jayaprakash, Paul T., author. Title: Crime scene investigation and reconstruction : an illustrated manual and field guide / Paul T. Jayaprakash. Identifiers: LCCN 2022008737 (print) | LCCN 2022008738 (ebook) | ISBN 9781032211664 (hardback) | ISBN 9781032211558 (paperback) | ISBN 9781003267096 (ebook) Subjects: LCSH: Crime scene searches. | Crime scenes. | Forensic sciences. | Criminal investigation. Classification: LCC HV8073 .J399 2023 (print) | LCC HV8073 (ebook) | DDC 363.25—dc23/eng/20220603 LC record available at https://lccn.loc.gov/2022008737 LC ebook record available at https://lccn.loc.gov/2022008738 ISBN: 978-1-032-21166-4 (hbk) ISBN: 978-1-032-21155-8 (pbk) ISBN: 978-1-003-26709-6 (ebk) DOI: 10.4324/9781003267096 Typeset in Sabon by Apex CoVantage, LLC

Dedicated to my parents To my father, Mr. R. Paul Thomas, a police officer, referred to by his colleagues as one who did not vacillate to bring out the truth during investigations, and to my mother, Mrs. Stella Mary Paul, whose enduring love and devotion ensured success for my father and the children, six of us.

Contents Preface

Chapter 1

Chapter 2

Chapter 3

xiii

Acknowledgments

xv

Author Biography

xvii

Introduction1 1.1

On the Objectives of This Manual and Field Guide

1

1.2

The Basic Questions When Investigating a Case

1

1.3

Challenges in Resolving the Question ‘How Could It Have Happened?’

2

1.4

Preeminence of Observations in Crime Scene Reconstruction

3

1.5

On the Compendium of Information in This Manual and Field Guide

4

Conceptual Foundations in Forensic Science and the Position of Crime Scene Investigation

7

2.1

Foundational Concepts Underlying Forensic Science Practice

7

2.2

The Principle of Exchange

7

2.3

The Principle of Identification

8

2.4

The Principle of Individualization

8

2.5

The Principle of Reconstruction

9

2.6

Specific Event Reconstruction Versus Dynamic Event Reconstruction

12

2.7

On the Observe–Hypothesize Model Followed in This Book

13

2.8

The Concept of Crime Scene Generalist

13

General Crime Scene Procedure

17

3.1

Roles and Responsibilities of Scene of Crime Officers

17

3.2

On the Best Practices During Crime Scene Examination

17

3.3

Crime Scene Search

20

3.4

Documentation of the Crime Scene

20

3.5

Documentation by Preparing Written Notes

21

3.6

Documentation Using Crime Scene Sketches

21

3.7

Documentation Using Crime Scene Photography

22

3.8

Preparing the Final Report

23

3.9

Equipment in a Mobile Forensic Science Laboratory (MFSL)

24

3.10 Desirable Pre-­Deployment Training for SOCOs

25

vii

viii

Chapter 4

Contents

Scheme for Investigating Cases of Death by Hanging

29

4.1 Introduction

29

4.2

Flowchart for Investigating Death by Hanging

30

4.3

Case Studies—Cases 4–1 to 4–16

31

4.4 Discussion

Chapter 5

4.4.1

Myths and Facts Relating to Observations in Hanging Scenes

74

4.4.2

Variations in Knots, Ligature Materials, and Ligature Marks

74

4.4.3

Cadaveric Spasm—Its Relevance in Crime Scene Reconstruction

75

4.4.4

Lesions in Limbs in Hanging Cases

76

4.4.5

Significance of Ant Erosions in Skin During Investigation

76

4.4.6

On the Utility of Fingermarks as Evidence

77

Scheme for Investigating Cases of Death due to Traumatic Injuries

81

5.1 Introduction

81

5.2

Flowchart for Investigating Traumatic Homicides

82

5.3

Case Studies—Cases 5–1 to 5–7

83

5.4 Discussion

Chapter 6

Chapter 7

74

103

5.4.1

Myths and Facts Relating to Observations in Traumatic Homicides

103

5.4.2

Bloodstain Patterns and Their Significance in Crime Reconstruction

103

5.4.3

Relevance of Hairs and Hair Damages During Crime Investigation

107

5.4.4

Evidentiary Value of Cloth and Damages on Clothes

112

5.4.5

Evidentiary Value of Soil

117

5.4.6

Entomological Evidence in Assessing Time Since Death in Decomposed Dead Bodies

117

5.4.7

Identification of Skeletal Remains

119

Scheme for Exhuming Buried Human Remains

133

6.1 Introduction

133

6.2

Flowchart for Exhumation

134

6.3

Basic Stages in the Process of Exhumation

134

6.3.1

Making the Sketches During Exhumations

134

6.3.2

Describing the Surface Soil Characteristics

134

6.3.3

Choosing the Method for Digging

135

6.3.4

Recording the Entomological Findings

136

6.3.5

Exposing the Remains

136

6.3.6

Sequence Recommended for Collection of Bones

138

6.3.7

Anatomical Display of the Bones Collected

140

6.3.8

Final Preparation of the Skull

140

Scheme for Investigating Cases of Death due to Burns

143

7.1 Introduction

143

7.2

144

Flowchart for Investigating Death due to Burns

Contents 7.3

Case Studies—Cases 7–1 and 7–2

7.4 Discussion

Chapter 8

162

Myths and Facts Relating to Observations in Deaths due to Burns

162

7.4.2

Death due to Burns: Contextual Facts Relating to India

162

7.4.3

Observations Indicating the Mobility of Victim While Aflame

163

7.4.4

Relevance of Crime Scene Findings When Deciding the Manner of Death in Burns Cases

164

7.4.5

Burn Patterns as Universal Indicators of Localized Burning

164

7.4.6

Lack of Commensurability in Burn Patterns as Indicator of Dynamism

165

7.4.7

Predicaments Attributable to Lapses in Observing and Reconstructing Scenes of Death due to Burns and Possible Remedial Measures

165

Scheme for Investigating Cases of Death due to Fall From Height

169

8.1 Introduction

169

8.2

Flowchart for Investigating Death due to Fall from Height

170

8.3

Case Studies—Cases 8–1 and 8–2

171 190

8.4.1

Myths and Facts Relating to Observations in Death due to Fall

190

8.4.2

Workplace-­Related Falls

191

8.4.3

Falling Under Intoxication

191

8.4.4

Fall of Children

191

8.4.5

Useful Circumstantial Clues at Scenes of Fall From Heights

191

8.4.6

Handwriting Evidence in the Form of Suicide Note

191

Scheme for Investigating Cases of Death due to Electrocution

195

9.1 Introduction

195

9.2

Flowchart for Investigating Death due to Electrocution

196

9.3

Case Studies—Cases 9–1 to 9–3

197

9.4 Discussion

Chapter 10

145

7.4.1

8.4 Discussion

Chapter 9

ix

207

9.4.1

Myths and Facts Relating to Observations in Deaths due to Electrocution

207

9.4.2

Lightning as a Natural Cause Leading to Death by Electrocution

207

9.4.3

Cadaveric Spasm in Deaths due to Electrocution

208

9.4.4

Useful Circumstantial Clues at Scenes of Electrocution

208

Scheme for Investigating Cases of Death by Drowning

209

10.1 Introduction

209

10.2 Flowchart for Investigating Death by Drowning

210

10.3 Case Studies—Cases 10–1 to 10–3

211

10.4 Discussion

217

10.4.1 Myths and Facts Relating to Observations in Deaths by Drowning

217

10.4.2 Relevance of Immediate Observations in Scenes of Drowning

217

10.4.3 Role of Alcohol and Other Substances in Drowning Cases

217

10.4.4 Circumstances Indicating the Possibility of Suicide

218

10.4.5 Diatoms as Indicators of Death by Drowning

218

x

Chapter 11

Chapter 12

Chapter 13

Chapter 14

Contents

Scheme for Investigating Cases of Death due to Poisoning

225

11.1 Introduction

225

11.2 Flowchart for Investigating Death due to Poisoning

226

11.3 Case Studies—Cases 11–1 and 11–2

227

11.4 Discussion

230

11.4.1 Myths and Facts Relating to Observations in Death due to Poisoning

230

11.4.2 Relevance of the Laboratory Ability to Detect Poisons

230

11.4.3 Trends in Death due to Poisoning

230

11.4.4 Circumstances Commonplace in Suicidal Poisoning

231

11.4.5 Circumstances Commonplace in Accidental Poisoning

231

11.4.6 Characteristics of Homicidal Poisoning

233

Scheme for Investigating Sexual Assault Cases

235

12.1 Introduction

235

12.2 Flowchart for Investigating Sexual Assault Cases

236

12.3 Case Studies—Cases 12–1 to 12–3

237

12.4 Discussion

242

12.4.1 Myths and Facts Relating to Observations in Sexual Offences

242

12.4.2 Relevance of Location of Physical Evidence in Rape Cases

242

12.4.3 Circumstantial Evidence Indicating Struggle in Cases of Rape

242

12.4.4 Relevance of Microbial Evidence

243

12.4.5 Palynological Evidence in Sexual Assault Cases

243

12.4.6 DNA Sources in Sexual Assault Cases

244

Scheme for Investigating Cases Involving Firearms

247

13.1 Introduction

247

13.2 Flowchart for Investigating Scenes Involving Firearms

248

13.3 Case Studies—Cases 13–1 to 13–3

249

13.4 Discussion

266

13.4.1 Myths and Facts Relating to Observations in Firearm-­Related Cases

266

13.4.2 Terminology Useful During Discussion on Firearms

267

13.4.3 Care in Handling the Weapons

267

13.4.4 Evidence Indicating Recent Use of a Firearm

268

13.4.5 Range of Fire and Gunshot Wound Patterns

268

13.4.6 Characteristics of Entry and Exit Gunshot Wounds

270

13.4.7 Relevance of Ricochet in Shooting Incident Investigations

271

13.4.8 Class and Individual Characteristics of Bullets and Cartridge Cases

272

13.4.9 Evidentiary Value of Glass Fractures

272

Scheme for Investigating Cases of Explosions

275

14.1 Introduction

275

14.2 Flowchart for Investigating Scenes of Explosions

276

14.3 Case Studies—Cases 14–1 to 14–3

277

Contents 14.4. Discussion

Chapter 15

Chapter 16

Chapter 17

xi 303

14.4.1 Myths and Facts Relating to Observations in Explosions

303

14.4.2 Safety Measures in Scenes of Explosions

303

14.4.3 Role of SOCOs When Coordinating With the Bomb Disposal Squad

303

14.4.4 Epicenter of Explosion

304

14.4.5 Relevance of Recognizing Pitted Damages

305

14.4.6 Uniqueness-­Based Individualization as a Tenet of Forensic Science

305

Scheme for Investigating Structure Fires

309

15.1 Introduction

309

15.2 Flowchart for Investigating Structure Fire Scenes

310

15.3 Case Studies—Cases 15–1 and 15–2

311

15.4 Discussion

320

15.4.1 Myths and Facts Relating to Observations in Structure Fire Scenes

320

15.4.2 Possible Sources of Ignition in Fire Scenes

320

15.4.3 Fire Scene Patterns

321

Scheme for Investigating Vehicle-­Related Incident Scenes

323

16.1 Introduction

323

16.2 Flowchart for Investigating Vehicle-­Related Incident Scenes

324

16.3 Case Studies—Cases 16–1 to 16–3

325

16.4 Discussion

335

16.4.1 Myths and Facts Relating to Observations in Vehicle-­Related Incidents

335

16.4.2 Tire and Skid Marks and Their Significance in Reconstruction

335

16.4.3 Importance of Mud/Paint Flakes in Locating the Point of Impact (POI)

336

16.4.4 Significance of Paint as Forensic Evidence

337

16.4.5 Relevance of Damages in Vehicles

337

Epilogue339

Appendix

345

Index

387

Preface My tryst with crime scene management started in the year 1974 when I entered the Forensic Sciences Department of Tamil Nadu state, India, as a crime scene investigator; it continued until 2004 (with specialization in Forensic Anthropology in the later decades), and it further sustained up to 2017 during my stint as a full-­time faculty member teaching crime scene management among other subjects in Forensic Science in Universiti Sains Malaysia, Malaysia. Since the beginning, the prime question raised by every investigation officer entering a crime scene had been ‘how it could have happened?’ This question pervades until the formal disposal of the case although the individuals posing the question keep on altering—from investigating officers to supervising police officers, medical doctors, prosecutors, defense counsels, and judges. In solving this question, the traditional physical clues collectable from crime scenes are found to be of limited use as such clues enable recounting isolated bits of events relating to a crime viz. specific events such as this bloodstain originated from that individual or this smear of paint originated from that source object. Furthermore, these reconstructions, being corollary to the analytical results from forensic science laboratories, will have to be awaited until the receipt of reports from the laboratories. Also, many of these specific event reconstructions do not shed light on the manner of death—for example, in a case of death due to burns, analytical findings from a forensic science laboratory establishing similarity in the accelerant, say kerosene, on the burnt clothing of the victim and in the container in the crime scene—a specific event reconstruction—do not clarify if burning is suicidal or homicidal. On the

other hand, reconstructing a sequence of happenstances based on the distribution of burn patterns that are merely observable in the crime scene (but not collectable), here termed dynamic event reconstruction, may prove to be useful in deducing, immediately in the crime scene itself, if the victim moved or not while getting burnt. The plausible manner of death would be suicide when movement of the victim is supported; and it would be homicide followed by burning when the movement is not supported, i.e. when the burn patterns are merely localized. As a teacher and trainer imparting knowledge on forensic science to officers and men of the police force and university students, I have frequently found the audience both inquisitive and dubious about observing crime scenes—everybody convincingly assertive about the importance of observing the scene but getting confused in distinguishing what to observe or in recognizing how such observations present themselves. Here, there is a need to train the investigators’ eyes to distinguish and perceive those presentations in the crime scenes that are scientifically relevant. A paradigm shift to focus on observable presentations in crime scenes in addition to gathering collectable physical evidence is considered desirable to resolve the question ‘how it could have happened?’ immediately during crime scene investigation. This book is designed as a manual and field guide with easy-­ to-­follow flowcharts and illustrative photographs for the major types of cases offering a stepwise direction to crime scene investigators to observe the crime scene presentations appropriately and to frame relevant hypotheses for reconstructing crimes.

xiii

Acknowledgments Foremost, I wish to thank the numerous investigating police officials and members of the constabulary whose deep sense of duty and ardor in the application of forensic science made me enjoy interacting with them during my endeavor in crime scene investigation. I thankfully express my gratitude to Mr. F. V. Arul, former Inspector General of Police, Tamil Nadu, and Prof. Dr. P. Chandra Sekharan, former Director, Forensic Sciences Department, Tamil Nadu, for empowering the growth of crime scene investigation in Tamil Nadu state, India, in 1974 that much profited my own CSI experience part of which is shared in this book. While Dr. N. Selvaraj and Mr. M. G. Amravaneswaran, former Directors of Forensic Sciences Department, Chennai, Tamil Nadu, are thanked for their support, Prof. Dr. C. Damodaran, Director (Retired), Forensic Sciences Department, Chennai, Tamil Nadu, is especially acknowledged for his constant encouragement that impelled me in bringing out my scientific acquaintance with crime scene investigation in the form of a book. I thank the friendly cooperation and interaction of every member of the Forensic Sciences Department, Tamil Nadu, which immensely contributed during much of the case work described in this field guide. Mr. P. Muthukumar, my friend, is thanked for his assistance in shaping the manual that I brought out during the crime scene training in the year 2003, the prototype for this manual and field guide. My colleagues who managed the different divisions during that period are thankfully remembered for contributing the packing and forwarding procedures for the aforementioned crime scene training the compilation of which is adapted in the Appendix to this book. Teaching sharpens experiential knowledge, and I  acknowledge Universiti Sains Malaysia for the opportunity to transform many of my experience-­ based impulses into academic activities that formed research projects, Work-­ Based Learning etc. for

the students, some of which are described in this book. While I acknowledge the enthusiastic student participants, I am especially thankful to Dr. Helmi Mohd Hadi Pritam, Senior Lecturer, Forensic Science Program, Universiti Sains Malaysia, for his appreciable contributions. I thank Mr. P. Varadhan, Mr. R. Kaliyaperumal, Mr. C. Shanmugasundaram, and Mr. Kuttalam Pillai for their valuable assistance in preparing many of the photographs illustrated in this book. I thankfully acknowledge the constant and willing library assistance rendered by Mr. J. John Jeyasekar, Librarian, Forensic Sciences Department, Chennai, Tamil Nadu. It is with immense pleasure that I  thank my good friend, Dr. T. P. Kannan, Associate Professor, Universiti Sains Malaysia, for his consistent and painstaking efforts to both proofread this manuscript and add fruitful suggestions which considerably enhanced the readability of this book. The anonymous reviewers are thanked for their encouraging responses that also helped in polishing the manuscript. I  am thankful to Mr. Sekar Uthayasuriyan, my former student, for his enthusiastic and timely efforts in checking the manuscript in its final form. It is with a deep sense of appreciation that I  am pleased to thank my wife, Shanthini, and sons, Jeeva Rathan and Jeeva Suthan, for the liberal sacrifices they made when bearing the brunt of my frequent absence from home on account of scene visits—always impromptu and oftentimes upsetting lots of family engagements—for more than four decades, which, for sure, much disappointed them and yet they remained always cheerful encouraging me. Thanks are due to my daughters-­in-­law Cynthia and Nithya for ensuring the homely ambience, and especially to my grandchildren Juanita, Johan, Judita, and Jaden for gracefully granting me screen time during the stages of preparation of this book.

xv

Author Biography Paul T. Jayaprakash’s experience in forensic science spans over 43 years; as a professional in Crime Scene Investigation and Crime Scene Management examining more than 3000 crime scenes and offering reconstructions—including exculpatory types—in cases of homicides, suicides, explosions, fire-related death, structure fires, use of firearms, fall from height, and more (1974-2004), with specialization in Forensic Anthropology carrying out skull-face

superimposition on 658 skulls and testifying in courts in 110 murder cases (1992-2004) and as a professor at major universities until 2017. He has written several articles for peer-reviewed journals, frequently been an invited speaker and has won the Government of India Home Minister’s Award for Outstanding Contribution in Forensic Biology (2000)—the highest award in Forensic Science in India.

xvii

Chapter

1

Introduction 1.1  ON THE OBJECTIVES OF THIS MANUAL AND FIELD GUIDE ‘As the science of Criminal Investigation proceeds, oral testimony falls behind and the importance of realistic proof advances; “circumstances cannot lie”, witnesses can and do’ wrote Gross (1906) in his classic book on criminal investigation. Traditionally, the value of physical evidence, the collectable clues in crime scenes, which serve to connect the perpetrator with the crime has been well reiterated (Kirk, 1974; Svensson et al., 1981; De Forest et al., 1983; Horswell, 2000; Inman and Rudin, 2001; Houck et  al., 2012; Sutton et  al., 2017; Zannin and Huber, 2018; Saferstein, 2019). Similar value-­oriented boost does not appear in the utilization of those evidence merely presenting as observable features in the crime scene circumstances, which are equally important as observed premises when framing hypothesis and testing them for acceptance—barring pattern analyses relating to bloodstains and glass fractures. This is seen as a major impediment influencing the progression and popularity of crime scene reconstruction, a technique capable of resolving the question ‘how the crime could have occurred?’ Fundamental skills essentially required for utilizing the observable evidence presenting in the crime scenes are the abilities to observe, recognize, and record them. Then follows the scientific expertise to frame hypothesis using the observations as observed premises and test them against corresponding major premises that have gained acceptance among the scholarly community practicing forensic science. This book is designed as a practical working manual and field guide for those involved in crime scene investigation to recognize and utilize crime scene evidence for framing hypothesis during crime reconstruction. Scientific aspects relating to crime scene reconstruction pertaining to 49 real-­life crime scenes investigated by this author or referred for further opinion (except two cases—Cases 4–6 and 9–3)

DOI: 10.4324/9781003267096-1

along with one exhumation (academic request) are described with the aid of illustrative photographs and sketches that highlight a variety of observable evidence. Easy-­to-­follow flowcharts are designed for the major types of cases to aid scene investigators to get on with similar scene investigations, while the summary of the packing and forwarding procedures in the Appendix will aid them in effectually utilizing the multifarious physical evidence encountered during crime investigation.

1.2  THE BASIC QUESTIONS WHEN INVESTIGATING A CASE Once a crime is reported, the first question that arises in the mind of every individual involved in the investigation is ‘How could it have happened?’ When the evidence and the happenstances in the scene of crime support the commission of a criminal offence as being realistic, the investigator proceeds with the next question, ‘who could be responsible for the act?’ When the happenstances in the crime scene fail to support the commission of a criminal offence, as it happens in a suspicious death subsequently decided as suicide, the necessity to search for the ‘suspect’ responsible for the act would not arise. An example of crime scene circumstance supporting the commission of an offence is a case of traumatic homicide where the manner of death, viz., ‘homicide’, is not under doubt. But still the suspect needs to be connected to the crime scene. On the other hand, in the case of a hanging dead body, the manner of death may remain equivocal when there is an allegation of ‘homicide’—a situation prompting the search for suspects. However, once the manner is concluded as due to hanging, there would be no more need for the search for suspects. Technically, on both the occasions, traumatic homicide and hanging, the circumstances relating to the crime have to be explained on the basis of a scientific crime reconstruction.

1

2

Crime Scene Investigation and Reconstruction

Evidently, crime scene reconstruction acquires greater importance when investigating death wherein the ground reality pertaining to the manner of death remains equivocal, i.e. arguable in support of more than one proposition, usually homicide and suicide. The ‘truth’ as brought out during an investigation or in a courtroom does not exist so much as an objective absolute but as the most plausible or likely account, established after the elimination of doubt, and, as quoted by Fulero and Wrightsman (2009), such truth does not necessarily coincide with reality. While it can usually be brought nearer to the ground reality, it is essentially important for the investigator to ensure that the truth brought out during investigation does not impugn the ground reality, i.e., it does not project a suicide as a homicide or otherwise. Agreeably, whatever scientific investigation there may be and however competent it is, it would not enable an all-­ encompassing reconstruction of the entire sequences of a crime. At best, each physical evidence or observation in a crime scene would form the foundation for a ‘premise’ to frame a particular hypothesis leading to reconstructing a specific segment of the ground ‘reality’ that can be accepted as plausible. However, improprieties or even minor lapses in utilizing any such observable clues in the crime scene may impede the process of approaching the ‘legal truth’ in multiple ways; they may lead to confusion in the investigation process, or to a wild goose chase for an accused person when there is none, or to wrongfully accusing individuals or to even convictions that are arguable as wrongful.

1.3  CHALLENGES IN RESOLVING THE QUESTION ‘HOW COULD IT HAVE HAPPENED?’ The question ‘How it could have happened?’ constantly crops up during any crime investigation— it may relate to the manner of death in equivocal death investigations or to specific events such as the nature of the knot on the neck or the accessibility of the deceased individual to reach the point of suspension to tie the ligature in cases of death by hanging, the manner smoke stains are distributed in a scene of death due to burns, the manner bullets have ricocheted in a case of shoot-­out, the manner of collision in a vehicular accident, or the type of fracture in glass. Evidently, the question ‘how it could have happened?’ may appear to be solved in a ‘straight forward’ case in which an assailant states that he only stabbed the victim to death. The same crime would remain ‘open’ when the assailant absconds,

and yet the manner of death as due to stab wounds would not be in doubt. But when a woman is found dead with burn injuries inside her own house, the case would turn out to be of a ‘tricky type’ as the manner of death whether suicidal or homicidal or accidental would remain equivocal although the cause of death may be confirmable as due to burns. Equivocal death investigations are not uncommon in other manners of death such as due to hanging, fall from height, electrocution, drowning, poisoning, and firearm injuries. The real challenge for the investigator in the field during equivocal death investigations pertains to gathering as much evidence as possible from the crime scene to reconstruct a manner of death that is sustainable as being nearer to the ground reality. It must be remembered that the legal fallout in any death investigation hinges largely on the manner of death. Slip-­ups in the investigation at the crime scene level may lead to protracted investigation and may, on occasions, generate confusions pervading even during the trial. Customarily, the cause of death is opined by the medical officer who performs the post-­mortem examination on the dead body. However, it has been realized that a reliable boundary discriminating all suicidal cases from homicidal action only on the basis of the post-­mortem findings obviously does not exist. Evidence gathered from the crime scene and the external examination of the dead body have been indicated as being compulsory to resolve the cause and manner of death in medicolegal death investigations (Cordner, 2003; Maxeiner and Bockholdt, 2003; Shkrum and Ramsay, 2007; Saukko and Knight, 2016). Not examining a body at the scene has been considered a potential pitfall for the pathologist in a medicolegal death investigation (Shkrum and Ramsay, 2007). In India and elsewhere as well, as a matter of routine, the autopsy is performed at the mortuary, and thus there is no opportunity for the forensic medicine specialists to visit the scene of crime before the dead body is removed to the autopsy room. In the absence of a scientific reconstruction to suggest the plausible ground reality on the manner of death, the investigators as well as the others involved in the criminal justice administration process are likely to guesstimate the manner of death. Lapses in integrating crime reconstruction with autopsy findings and/or witness statements may prompt mistaking a suicide as murder, thereby defeating the sterling requirement in crime investigation that there should be a crime for prosecuting a suspect. Indeed, concerns on the possibility of wrongful award of death sentences have been expressed by some of the judges of

Introduction

the Supreme Court of India (Manoj, 2012) although the likelihood for wrongful convictions in awarding lesser punishments like life imprisonment does not seem to have been explored. A large category of evidence which is merely observable in crime scenes (and hence are not collectable), hereafter mentioned as ‘observable evidence’, has the potential to suggest dynamic events in crime scenes such as directionality and/or movement of the suspect, victim, body fluids, and projectiles, thereby enabling a reconstruction of the crime scene sequences by framing a series of sequential hypotheses. Examples of such observable evidence described in this field guide include the patterns of discharged body fluids such as saliva (Cases 4–1, 4–7), urine (Cases 4–1, 4–4), and blood (Cases 4–8, 4–9, 4–12) for reconstructing the posture or movement of the body, smoke and burn patterns for reconstructing the movement of the victim and/or body posture (Cases 7–1, 7–2), patterns of gunshot injuries for reconstructing the posture of the victim (Case 13–1), bullet ricochet evidence for reconstructing bullet trajectories (Case 13–2), damages in clothes for reconstructing contact with impacting objects (Case 8–2) and other causations (Section 5.4.IV), cues in body posture for diagnosing cadaveric spasm (Cases 4–5, 4–6, 9–1, 9–3), pitted marks indicating directionality in explosion (Cases 14–1, 14–3), smoke stain pattern in a fire scene (Case 15–1), skid marks in vehicular accidents (Case 16–1), and various bloodstain patterns that enable reaching definitive inferences (Cases 4–10, 4–12, 5–1, 5–2, 5–4, 7–1). The reconstructions reached through sequential hypotheses can be put together to suggest conjoined reconstruction for each case which projects much greater details on the ground reality relating to that crime. But still, one must note that the scientific capabilities available do not enable recounting the entire sequences relating to any crime. On the other hand, failure to consider the observable evidence in crime scenes or in a dead body in situ in crime scenes while arriving at the manner of death has been found to confuse investigations paving the way for leveling thought-­up averments (Cases 7–1), wrongful accusations (Case 4–9) as well as debatable convictions (Cases 7–2, 9–3).

1.4  PREEMINENCE OF OBSERVATIONS IN CRIME SCENE RECONSTRUCTION The basic conundrum is that ‘observing’ a crime scene during scientific investigation is more than ‘looking’ at the scene—it is a knowledge-­ based

3

venture that recognizes and distinguishes those observations that constitute evidence from those that are mundane. Observation in a crime scene involves inspection with intent to recognize those presentations qualifying as effects that may prove useful to deduce inferences which are known as causes thereby enabling reconstruction of events in a crime. Here, the contextual and educational knowledge relating to the causative phenomenon that generates the specific observable feature, the effect, enables the scientific investigator in deciding the observation as useful evidence. Such observations qualify to be used as observed premises when framing and testing a hypothesis. In the current practice of forensic science, the routine importance given to the traditional portable physical clues that are collectable from crime scenes appears to have eclipsed the significance that the observable evidence in crime scenes deserves. Evidently, laboratory analyses of collectable physical clues enable reconstruction of events; however, the investigator has to wait for the completion of analysis and the issue of analytical report from the laboratory which may take a few weeks or months. In contrast, observable features that are recognized in crime scenes enable reconstructing events in the crime scene itself. The knowledge base on the causative factors that generate observable features that have gained acceptance by the scientific community would form the accepted (major) premise when the reconstructionist tests the hypothesis against an observed premise. Crime reconstruction forms a formal requirement during crime scene investigation in countries like New Zealand (Sharman and Elliot, 2000), and in the United Kingdom, the role of Crime Scene Manager (CSM) is integral in death investigations (The Forensic Science Regulator, Department of Justice and The Royal College of Pathologists, 2012). On the other hand, such practices are not much in vogue in Asian countries—in India, the deficiencies indicated in the forensic science laboratories included lack of facilities and manpower as well as training in crime scene investigation (Misra and Damodaran, 2010). Indeed, investigating officers and crime scene investigators are well aware of the importance of observing a scene of crime; but they are in a dilemma when faced with distinguishing those observations that form evidence from those that do not. The schematic approaches prescribed in this book for observing and reconstructing different types of crime scenes, it is hoped, would pave the way for streamlining observation-­ based crime scene reconstruction

4

Crime Scene Investigation and Reconstruction

as a novel and useful approach during crime investigation. This manual is intended as a field guide for the generalists, commonly designated as Scene of Crime Officers (SOCOs) involved in forensic investigations at crime scenes and for all those involved in criminal investigation, prosecution, and court trial, including the interested public readers who have basic knowledge in biological and physical sciences. The observations described in this book are those perceivable by unaided human eye, and the hypotheses framed are the logical fallout of these observations. The epistemology applied does not require reliance on statistical analyses where the inference becomes probabilistic; it rather relies on visually observable manifestations which are scored as being either ‘present’ or ‘absent’. While the observations described are fundamentally scientific, the manners that these are visually observed, diagrammatically represented in sketches, and photographically recorded are all skills involving human input and artistic dexterities. This author was the Course Coordinator for the first-­ever training course on crime scene investigation organized in the Tamil Nadu Forensic Sciences Department on the advice of the then Director Dr. C. Damodaran, which was aptly named ‘The Art and Science of Observing Crime Scenes’ abbreviated ‘ASCriS’ (Jayaprakash, 2003), and the manual brought out during that training contained the prototype of the flowcharts contrived by this author and adapted in this book. The methodology recommended for framing and testing hypothesis strictly relies on observations and clues recorded in crime scenes which are to be supported by contemporaneously made photographs, sketches, and notes. Failure to offer provenance on the crime scene photographs may render the ‘observed premises’ questionable. It is cautioned that crime scene investigators cannot rely on assumptions, surmises, witness statements, or confessions by suspects when reconstructing crimes. The logic followed during hypothesis testing is inductive reasoning wherein a specific finding in a crime scene (observed premise) is verified for its corollary to a broad generalization (accepted premise) recognized in the concerned field of science as indicating a logical truth. In this field guide, the inductively arrived generals are considered as being collections of particulars that are indefinite in number and that there is reasonable confidence (in believing) that the inductive truths that have been accumulated so far are acceptable as generalizations in science (Boeree, 1999; Jayaprakash, 2013).

1.5  ON THE COMPENDIUM OF INFORMATION IN THIS MANUAL AND FIELD GUIDE Overall, this manual and field guide is designed to make it thought-­provoking for any reader—a police officer, lawyer, forensic scientist, judge, or commoner—with optimal knowledge in natural sciences to follow the foundational concepts in forensic science and to appreciate their application in real-­life situations. It offers a methodology to distinguish what to observe and how its presentation appears in different types of crime scenes using simple to follow schematic flowcharts accompanied by demonstrative illustrations from real-­ life cases. The illustrations include photographs and sketches. While retaining the original drawing in the sketches, the legends have been printed for ensuring readability. The chapter presentation in this book is briefed as given here. • Conceptual foundations in forensic science lead the reader through the basic concepts that form the tenets of forensic science—identification, individualization, and reconstruction. A  paradigm illustrating class identification and individualization is presented along with a novel scheme for observations-­based crime scene reconstruction. • General crime scene procedure is explained with hints to successfully record crime observations using notes, sketches, and photography. The real-­life-­case-­situations-­ related sketches reproduced in this field guide illustrate the relevance of varying types of sketches. The importance of sketches can be appreciated by the instances where they serve as stand-­ alone illustrations depicting measurements for which scope does not exist in photography. • Case-­wise chapters on major types of crime scenes include easy-­to-­follow flowcharts to serve as schematic checklist, for prompting the scene investigator to recognize relevant observations and physical evidence with some cues for reconstruction along with exemplifying sketches and photographs. These real-­life case examples include death due to hanging, traumatic injuries, burns, fall from height, electrocution, drowning, and poisoning. Procedures desirable for exhuming dead bodies are also described. Scene investigations relating to rape and firearm cases, explosions, structure fires, and vehicle-­related cases are also included.

Introduction

• In each case situation, simple-­ to-­ follow strategies are prescribed to frame two opposing hypotheses, one primary and the other alternative. These are followed by one or more sequential hypotheses, each based on arguments flowing from the observed premises recorded in the crime scene which is tested against the accepted (major) premises. The reconstructions flowing from the sequential hypotheses are combined together to form the conjoined reconstruction. • The arguments are designed to be straightforward so that the inference or reconstruction flows on its own. The final reconstruction remains stable in that it supports only one hypothesis and does not acquiesce to the opposing hypothesis. The scholarly citations provided on the various premises considered as accepted would form a ready-­ to-­ reckon resource material to facilitate the Scene of Crime Officers (SOCOs) to contextually apply those premises during crime scene examination. • Preconceived theories, the most deadly enemy of all inquiries (Gross, 1906), are often associated with the belief in certain myths that have no scientific foundation. In an attempt to clarify for the reader, myths and facts relating to the various types of crimes have also been included in the discussion. The discussion in each chapter, both case-­ specific and general, has been designed to familiarize the reader with the relevant literature pertaining to subfields of particular interest to that chapter. • A scheme for preparing the crime scene report is included along with a design for hands-­on work-­based learning using mock crime scenes. • The epilogue provides an overview of the stress in this book on the need for observations-­ based reconstruction and the importance of crime scene generalists to perform as SOCOs so that crime scene reconstruction would be popularized benefitting crime investigation. • The essential procedures relating to physical evidence collection, preservation, and their analytical relevance are included in the Appendix. Fundamentally, this author’s experience shared in this book supports the inference that any detail in every sources ranging from reports from forensic

5

science laboratories, opinions from medical doctors, statements of witnesses as well as confessions of suspects should be reconcilable with the evidence-­based reconstruction made in the crime scene. In the case of discrepancy, it is for the investigating officer to initiate action for reconciliation. Indeed, the circumstances in the crime scene, when observed properly, offer the most realistic proof on the facts relating to a crime. In this regard, observationalism is the key to generate irresistibly acceptable reconstructions from the crime scene circumstances which may, at times, even appear improbable. Here the golden rule is, as stated by Sir Arthur Canon Doyle in The Sign of the Four, “when you have eliminated the impossible, whatever remains, however improbable, must be the truth?” (Doyle, 1908).

REFERENCES Boeree, C. G. Epistemology, 1999, http://webspace. ship.edu/cgboer/epist.html Cordner, S. Suicide, accident, murder, or natural death, in Forensic Medicine: Clinical and Pathological Aspects; Payne-­James, J., Busuttil, A. and Smock, W. (Eds.) London: Greenwich Medical Media, 2003, 133–147. De Forest, P. R., Gaensslen, R. E. and Lee, H. C. Forensic Science: An Introduction to Criminalistics, New York: McGraw-­Hill, 1983. Doyle, C. A. The Sign of the Four, London: Smith, Elder & Co., 1908. Fulero, S. M. and Wrightsman, L. S. Forensic Psychology, Belmont, CA: Wadsworth Cengage Learning, 2009. Gross, H. Criminal Investigation: A  Practical Handbook for Magistrates, Police Officers and Lawyers, translated by Adam, J and Adam, J. C. Madras: Krishnamachari, 1906. Horswell, J. Crime-­scene investigation and examination: Major incident scene management, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds) London: Academic Press, 2000, 428–432. Houck, M. M., Crispino, F. and McAdam, T. The Science of Crime Scenes, Oxford, UK: Elsevier, 2012. Inman, K. and Rudin, N. Principles and Practice of Criminalistics: The Profession of Forensic Science, Boca Raton: CRC Press, 2001. Jayaprakash, P. T. The Art and Science of Observing Crime Scenes, Chennai, India: Forensic Sciences Department, Government of Tamil Nadu, 2003.

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Jayaprakash, P. T. Practical relevance of pattern uniqueness in forensic science, Forensic Sci Int., 231 (1–3) (2013): 403.e1–403.e16. Kirk, P. L. Crime Investigation, New York: John Willey & Sons, 1974. Manoj, M. 9 death penalties wrongly imposed: Ex-­ judges to President, Times of India, August  19, 2012. Available at: https://timesofindia.indiatimes.com/india/9-­death-­penalties-­ wrongly-­i mposed-­E x-­j udges-­t o-­P resident/ articleshow/15552912.cms Maxeiner, H. and Bockholdt, B. Homicidal and suicidal ligature strangulation—A comparison of the post-­mortem findings, Forensic Sci Int., 137 (2003): 60–66 Misra, G. J. and Damodaran, C. Perspective Plan  for  Indian Forensics, Final Report presented to the Ministry of Home Affairs, Government of  India by the Consultants, New Delhi, 2010. Available at https://mha. gov.in/sites/default/files/IFS%282010%29-­ FinalRpt_3.pdf Saferstein, R. Forensic Science: From the Crime Scene to the Crime Lab, 4th Ed. New York: Pearson Education, 2019.

Saukko P, and Knight B, Knight’s Forensic Pathology, Boca Raton, FL: CRC Press, Taylor & Francis Group, 2016 Sharman, L. E. and Elliot, D. A. Scene analysis and reconstruction, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000: 457–462. Shkrum, M. J. and Ramsay, D. A. Forensic Pathology of Trauma Common Problems for the Pathologist, Totowa: Humana Press, 2007. Sutton, R., Trueman, K. and Moran, C. (Eds.) Crime Scene Management Scene Specific Methods, West Sussex: Wiley, 2017. Svensson, A., Wendel, O. and Fisher, B. A. J. Techniques of Crime Investigation, New York: Elsevier, 1981. The Forensic Science Regulator, Department of Justice and The Royal College of Pathologists, 2012. Code of Practice and Performance Standards for Forensic Pathology in England, Wales and Northern Ireland, Home Office, Available at www.rcpath.org Zannin, A. and Huber, L. Crime scene investigation, in Manual of Forensic Science: An International Survey, Barbaro, A. (Ed.) Boca Raton: CRC Press, 2018, 1–20.

Chapter

2

Conceptual Foundations in Forensic Science and the Position of Crime Scene Investigation 2.1 FOUNDATIONAL CONCEPTS UNDERLYING FORENSIC SCIENCE PRACTICE The existence of forensic science as a distinct profession derives justification from its ability to provide services that fulfill societal needs relating to crime investigation and administration of justice. Foremost, it is emphasized that forensic science is not intended to establish guilt or innocence of individuals. Instead, it serves to establish relationships between physical clues available in crime scenes, both collectable and observable, which are correspondingly used for relating with similar clues from other sources including suspects or for deducing events that formed part of the happenstances in the crime scene. The practice of forensic science is governed largely by four principles that are interrelated, viz. principle of exchange, principle of identification, principle of individualization, and principle of reconstruction. These principles have emerged to be a domain of knowledge over a period of time consequent to their value-­orientation ascertained from the end users—the police and the judiciary. All types of investigations, comparisons, experimental analyses, or interpretations carried out in every crime scene and in each forensic science laboratory can be understood to be following one or more of these four principles.

2.2  THE PRINCIPLE OF EXCHANGE This principle put forth by Edmund Locard (1817– 1966) states that when two objects come into contact, there is always a transfer of traces. The essence of this principle as reproduced by Inman and Rudin (2001) reads as follows.

DOI: 10.4324/9781003267096-2

No one can act (commit a crime) with the force (intensity) that the criminal act requires without leaving behind numerous signs (marks) of it; either the wrong-­ doer (felon, malefactor, offender) has left signs at the scene of crime, or on the other hand, has taken away with him—on his person (body) or cloths—indications of where he has been or what he has done.

Regarding the infallibility of such signs and marks that form tangible evidence, Kirk (1974) comments ‘Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human failure to find it, study and understand it, can diminish its value’. In forensic science, Locard’s principle accounts for a) the occurrence of transfer of traces in the form of physical evidence when two objects contact each other and b) the ability of the examiner to discern signs (marks) of the transfer (such as finger marks) (Inman and Rudin, 2001; Saferstein, 2019). Interestingly, these two fallouts connect the other two principles, viz. identification and individualization. Physical evidence may be defined as any material in either gross or trace quantities that can establish through scientific examination and analysis that a crime has been committed (Eckert and James, 1997). As automobiles run on gasoline, crime laboratories run on physical evidence which includes any and all objects that can establish that a crime has or has not been committed or that provide a link between a crime and its victim or perpetrator (Saferstein, 2019). In this book, physical evidence available in crime scenes are recognized as belonging to two categories; one that are in collectable form which enable analysis at the laboratory; the other that are non-­ collectable but presenting in observable form, as patterns that are photographically recordable

7

8

Crime Scene Investigation and Reconstruction

which, although not analyzable in a laboratory, can still aid in reconstructing the sequences that occurred in the crime scene. In a death scene, dead body is the most valuable piece of potential evidence (Svensson et  al., 1981; Horswell, 2000). Dead bodies can reveal both collectable and observable physical evidence. Physical evidence collectable from dead bodies include blood or seminal stains, hairs or fibers that may be held in fingers or loosely sticking, tissue traces in nail, etc. The observable evidence to be recorded before the dead body is moved from the crime scenes illustrated in this field guide (briefed in Section 1.3) include the position of the deceased which can indicate cadaveric spasm, the flow patterns of blood and other body fluids, the patterns of burns which are useful in deducing possible movement of the victim or the dead body, etc. Examples of observable physical evidence in other crime scenes comprise pellet and tattoo marks in firearm-­related cases, pitted marks of missiles in explosions, fire scene patterns in structure fires, tire and skid marks in vehicular accidents, etc.

2.3  THE PRINCIPLE OF IDENTIFICATION Identification of a substance establishes the physical, chemical, or biological identity of that substance ‘with the most certainty that existing analytical techniques will permit’ (Saferstein, 2019). A  substance or a thing is identified following protocols that prescribe a set of characteristics that are distinctive or unique for that class of substance or thing (Jayaprakash, 2013). Some authors like Saferstein (2019) discuss ‘identification’ and ‘comparison’ separately. In this book, ‘identification’ is considered to include ‘comparison’ since the process of identification relies on testing procedures that are comparative in nature. Class identification relies on identifying a kind of trait or a combination of traits that is uniquely present among the items in a class thereby excluding the items belonging to other classes. Some examples are given here:

i. .22 is the kind of caliber that is uniquely measurable for a class of rifled firearms and ammunitions among firearms. ii. Ganja (marijuana) is identified by the combination of the unique morphological characteristics of the cystolithic hairs and the chemical characteristics of THC (tetrahydrocannabinol).

iii. Tread pattern in a class of tire with unique patterning that differs from those in other classes of tread patterns. iv. Paired nasal bone is a trait that is morphologically unique for the class of human skulls among the skulls of primates.

2.4  THE PRINCIPLE OF INDIVIDUALIZATION Individualization is a process by which the examiner concludes a specific source of origin for an evidence material based on the spatial relationship between the visually observable features in the patterns which is considered unique to that evidence material and the particular source object (Evett and Williams, 1996). Here, characteristics such as numerical events are meaningless since visual perception evaluates every bit of discernible detail in the two patterns (Ashbaugh, 1999). Uniqueness forms the basis for individualizations such as those achieved via physical matching or when matching fingerprints which reveal conclusive facts on the origin of the concerned physical evidence from a particular source. Uniqueness is seen as the only relevant proposition that underlies the random and indeterministic generation of features which enable comparison and source attribution (Jayaprakash, 2013). Few examples are given here:

i. Patterns in one of the torn edges in paper, tape, or metal sheet exhibiting complementariness and that match with the patterns in the other torn edge. ii. Striation marks on a bullet from a crime scene matching with the striation marks from a bullet fired from the suspected firearm. iii. Wear patterns in a tire or footwear print matching with the wear patterns in similar prints made by the suspected source objects, the tire or footwear. iv. Radiographic patterns of bone morphology such as the sinus patterns or skull suture patterns recorded from a recovered skull matching with similar patterns seen in antemortem radiographic records of a known individual. Source attribution through physically matching the unique complementariness in correspondence such as among the two broken edges of a torn paper has

Position of Crime Scene Investigation

9

FIGURE 2.1  Uniqueness paradigm relevant for individualization in forensic science practice.

remained an extremely reliable method for individualization for over 100 years in forensic science justifying its choice for substantiating the relevance of individualization as a tenet of forensic science. Uniqueness paradigm is shown to be relevant for both class identification and individualization in forensic science practice (Figure 2.1. Adapted after Jayaprakash, 2013 with permission from Elsevier).

2.5  THE PRINCIPLE OF RECONSTRUCTION Traditionally, authors have considered reconstruction to be an offshoot of ‘association’ established during physical evidence analysis (Kirk, 1974; Svensson et al., 1981; De Forest et al., 1983; Inman and Rudin, 2001; Houck et al., 2012; Sutton et al., 2017; Zannin and Huber, 2018; Saferstein, 2019). Here, a reconstruction is made on the basis of an analytical finding from the laboratory that establishes an association between a physical evidence collected from the crime scene (questioned sample) and the evidence collected from the suspect (control

sample) (Figure  2.2). In addition to physical evidence, observable patterns traditionally mentioned as being useful during crime scene reconstruction include those relating to bloodstains, glass fractures, and shooting incidents (Lee et  al., 2001; Suboch, 2016). Authors like Sharman and Elliot (2000) have broadly recognized the importance of various marks, stains, traces, damages, and items in situ at the scene as being useful sources of information for framing hypothesis when making reconstructions. Restricting ‘reconstruction’ as a process of inferring events based on identifications and/or individualizations (associations) established by the analysis of collectable physical evidence in a forensic science laboratory would downsize the overall scope for crime scene reconstruction—it would preclude all those reconstructions achievable by studying an array of evidence which are merely observable in crime scenes but are not collectable and hence not truly portable for laboratory analysis. A novel concept put forth in this book is the scheme for using observable evidence in crime scenes for reconstructing events (Figure  2.3). In this method, a hypothesis framed on the basis of an observation made

10

Crime Scene Investigation and Reconstruction

Collectable and portable physical evidence (Enabling specific event reconstructions)

Locard’s principle

Trace evidence transfer due to contact (victim «» suspect «» SOC)

Individualization principle

Identification principle

Attribution to a class Examples: Identification as ganja, opium, dynamite, cyanide, alcohol, insecticide, a fiber type, a brand of tire, etc.

Attribution to specific source Examples: Physically matching broken pieces of glass; matching a fingerprint or a DNA profile or striations in a bullet etc., to their source objects.

Reconstruction as a corollary of the laboratory analysis

Reconstruction principle

Event reconstructed: specific events – the substance originated from a particular class of substances or from a particular source object. FIGURE 2.2  A schematic diagram elucidating the relationship between collectable physical evidence from

crime scenes and reconstruction of specific events.

Position of Crime Scene Investigation

11

Observable physical evidence: non-portable (Enabling dynamic event reconstructions)

Observations in the dead body and the scene of crime

Observations in the dead body Cadaveric spasm or directionality in the discharged body fluids such as blood, saliva, urine etc.

Observations in the scene of crime

Blood spatter patterns, burn and smoke patterns, marks left by missiles from firearms and explosives, skid and tire patterns etc.

Framing and testing hypothesis at the SOC itself

Reconstruction principle

Event reconstructed: dynamic events – seizure of movement or additional movement in dead bodies; movements of the missiles from firearms or explosives FIGURE 2.3  Schematic diagram elucidating the relationship between non-­collectable and non-­portable but

observable physical evidence from crime scenes and reconstruction of dynamic events.

12

Crime Scene Investigation and Reconstruction

in the crime scene is tested against premises which are known or accepted among the scholarly community practicing forensic science for arriving at an inference or reconstruction. Such hypothesis-­based reconstruction may be defined as inferring or reconstructing an event by establishing a cause–effect relationship wherein an observable effect manifesting in a crime scene is proposed as an assured corollary of a known cause. Multiples of such hypotheses relating to a sequence of events, termed as sequential hypotheses, lead to the reconstruction of a series of events, which, when summed up together, form a conjoined reconstruction that is nearer to the ground reality.

2.6  SPECIFIC EVENT RECONSTRUCTION VERSUS DYNAMIC EVENT RECONSTRUCTION To be considered scientifically acceptable, the crime scene reconstruction advocated in this book should conform to the following standards: i) It must be based on the observations made by the SOCOs themselves and not anything that is hearsay. ii) The observations so made by the SOCO must be supported by photographs and/or recovery of physical clues, suitable sketches, and contemporaneous notes. iii) The reconstruction should not be based on the statements of witnesses or investigation officers. SOCOs are reminded that the opinions of investigation officers are invariably surmises from multiple sources including witness statements and hence cannot form the basis for any scientific reconstruction. iv) While reconstructions can take into consideration the description of facts by other experts such as injuries by medical doctors, for the purposes of relating crime scene observations, the final opinion of the other experts cannot form the basis for any crime scene reconstruction.

Generally, any reconstruction based on physical evidence analysis conducted in forensic science laboratories indicates events that are specific. A laboratory analysis establishing that a bloodstain on a

suspect’s clothing originated from the bloodstain in the crime scene enables reconstructing a specific event, viz., contact and transfer of the bloodstain from the crime scene onto the clothes of the suspect. Here, the reconstruction is a natural corollary of the laboratory analysis. There is no need for the reconstructionist to frame any hypotheses and test them. Every identification or individualization (association) established in a forensic science laboratory inescapably leads to the next step of reconstructing a specific event. However, all such reconstructions have to be delayed until the receipt of the laboratory report. Such a holdback would not entail the utility of laboratory-­analyses-­based reconstructions for the immediate progression of investigation although these would prove invaluable during the later stages of investigation as well as prosecution. In contrast, utilizing the observable evidence available in crime scenes for crime reconstruction is seen to have two distinct advantages. First, that the reconstruction is made in the crime scene itself and thus entails immediate utility for the benefit of further progression in the course of investigation. Second, that the crime scene observations when used as observed premises enable the SOCO in reconstructing events that are dynamic. For all that, the responsibilities of the SOCO will have to extend to recognizing those observations valuable to form observed premises, identifying the corresponding Accepted (major) premises from scholarly literature, and then framing and testing the hypothesis, all of these in the crime scene itself. Evidently, these responsibilities would prove to be an additional encumbrance to the SOCOs who are routinely used to the mundane duties of collecting and packing physical evidence from crime scenes. Dynamic events indicate activities involving an element of movement. One popular reconstruction that falls in the category of dynamic event reconstructions is by applying bloodstain pattern analysis. Dynamic events in the flow patterns indicating consistencies in directionality of discharged body fluids such as saliva, urine, and blood are shown to be useful in reconstructing the posture of the dead bodies (Cases 4–1, 4–4, 4–7, 4–8, 4–9, 4–10, 4–12). Dynamic events reconstructed may also relate to the zigzag gait pattern left by the suspect (Case 5–1) or to the movement of a burning victim as evidenced by the distribution of smoke/burn patterns or bloodstain patterns (Cases 7–1, 7–2) or the movement of a dead body as deduced by the bloodstain pattern that was incommensurable to the posture of the dead body (Case 4–12). Diagnosing the seizure

Position of Crime Scene Investigation

of dynamism in the body movement evidenced by observing cadaveric spasm (Cases 4–5, 4–6, 9–1, 9–3) also aids in reconstructing the final activity of the victim. Dynamism may also pertain to the movement of the agency causing the marks on objects such as the pitted marks caused on obstructing surfaces by the missiles and debris from the seat of explosion (Cases 14–1, 14–3) or the pattern of injuries caused by the pellets fired from a shot gun (Case 13–1) and the marks caused by bullets that ricochet (Case 13–2) or the fractures caused by bullet on glass (Case 13–2). The observable evidence such as those described earlier are to be recorded at the crime scene itself when the scene still remains unaltered and the SOCO is the only competent officer who can accomplish it. Postulation of hypothesis during reconstruction requires the observations of those effects man ifesting in the crime scene to be treated as observed premises which should be tested against corresponding causes or the Accepted (major) premises that are to be identified from different areas of forensic science. These ventures necessitate the SOCOs to be resourceful and ready to accomplish the reconstruction in the crime scene itself. Once the SOCO develops such a reconstruction in the crime scene itself, it proves to be robust in steering the investigation process, an objective of great value orientation for crime investigators. As would be evident from the case examples in this field guide, crime reconstruction is the only scientific method available to answer the question ‘how a crime could have happened?’ especially when the manner of death is equivocal. During crime reconstruction, physical evidence and related observations reveal the facts; when the evidence is inconsistent with a hypothesis, the hypothesis must be changed to fit the evidence—not the other way round (Becker, 2005). Highlighting the advantages of observable evidence in dynamic event reconstruction as the major objective of this field guide, those useful observations that manifest oftentimes in various types of crime scenes are illustratively emphasized all along this book.

2.7  ON THE OBSERVE–HYPOTHESIZE MODEL FOLLOWED IN THIS BOOK The method of inductive inference in science is traceable to the premier work of Francis Bacon revived by the recommendation of strong inference by Platt (1964) which has remained espoused by many scholars (Kinraide and Denison, 2003;

13

Fudge, 2014). Every observation is a ‘fact’ either manifesting as such or inferentially. Manifest facts are obvious and eloquent, while inferential facts require mental workout from one considered true to another acceptable as true. The ‘observations’ recommended as being useful for crime reconstruction in this field guide are qualitative and do not require measurements, equations, or statistics. Being qualitative, observable facts are demonstrative. During hypothesis testing, the observable facts are tested for acceptance using facts that have gained prior acceptance. Evidently, the hypothesis would be multiple such as one primary hypothesis and another alternative hypothesis. Sub-­hypotheses or sequential hypotheses are those proposed for the sequence of observed facts in the same-­case scenario. The series of reconstructions generated by framing a series of sequential hypotheses can be brought together to arrive at a conjoined reconstruction that projects broader details of a particular crime scene which can be argued to be nearer to the ground reality. Authors have recognized that offering proof or disproof to the exclusion of all other possibilities is impossible in science (Platt, 1964; Kinraide and Denison, 2003). Hypotheses are supported and not proved. When multiples of sub-­hypotheses and sequential-­hypotheses are supported, one is led to arrive at strong inference that one of the major hypotheses (among primary and alternative) is excluded, and the other remains supported. It is in this stage that one finds, similar to Fudge (2014), a confluence between the concept of Platt’s strong inference and the bold inference by Sherlock Holmes in The Sign of the Four “when you have eliminated the impossible, whatever remains, however improbable, must be the truth?” (Doyle, 1908).

2.8  THE CONCEPT OF CRIME SCENE GENERALIST It has been recognized that the duties of bench scientists, Laboratory Science, and those of a crime scene investigator, Field Science, are two very distinct vocational activities. The basic distinction is that the crime scene investigator must be responsible for ‘interpreting’ the evidence, a responsibility that involves ‘hypothesis testing’ (Horswell, 2004). However, there is a lack of uniformity on the criteria required for employment as crime scene examiners; some countries employing bench scientists, some deputing uniformed or plain-­ clothed police, and a few employing professional

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Crime Scene Investigation and Reconstruction

scientists for that purpose. Most authorities recommend deploying graduate scientists, who are generalists, as crime scene investigators (Fisher and Fisher, 2012; Horswell, 2004; Sharman and Elliot, 2000; Chisum, 2001; Chisum and Turvey, 2007). Generalists holding Master’s degree in science were deployed for CSI work in Tamil Nadu, India, as early as in 1972. The assortment of cases described in this book should make it obvious that the knowledge base required for interpreting the observations in such types of cases should also be equally diverse. Specialization is likely to limit the application of science to specific fields. A  forensic chemist specialized in analyzing drugs may not have enough self-­ confidence to observe and interpret bloodstain patterns in a crime scene the same way a biologist specialized in DNA forensics may not be adept to record and interpret fire scene patterns. Contrarily, investigation in the field requires a generalist to dispense scientific assistance on matters relating to any area of forensic science that would vary in accordance with the particular circumstances of the crime concerned. The science desired for crime scene investigation is general and broad, roughly conforming to the definition by Siepmann (1998) as the study which attempts to describe and understand the nature of the universe in whole or in part. Critical reports on forensic science practice have noted the need for specialist knowledge in interpreting observable evidence such as bloodstain patterns (NAS Report, 2009). Recommending generalists for crime scene investigation should not be viewed as precluding the utility of specialists—instead a generalist at the crime scene would ensure better utility of such specialists. The prevalent trend of letting the crime scenes to be visited by those merely trained to collect physical evidence (whether police personnel or SOCOs from FSLs) may altogether prevent the opportunity to record and interpret any of the observable evidence available in crime scenes. Indeed, proposing visit by an expert in bloodstain pattern analysis to every crime scene involving bloodstains would be impossible to accomplish. Here, a modest and practical approach would be to train generalists who would be confident enough to correctly observe and to appropriately record and interpret such basic facts as, say, ‘arc’ type in bloodstain pattern. Finer details about the specific angle in which the arc pattern has been caused, if really considered necessary for the reconstruction, can be sought from the concerned experts.

REFERENCES Ashbaugh, D. R. Quantitative—Qualitative Friction Ridge Analysis, Boca Raton, FL: CRC Press, 1999. Becker, R. F. Criminal Investigation, Boston: Jones and Bartlett Publishers, 2005. Chisum, W. J. The past, present, and future of criminalistics, Sci Justice, 41 (1) (2001): 55–61. Chisum, W. J. and Turvey, B. E. Crime Reconstruction, Boston: Elsevier/Academic Press, 2007. De Forest, P. R., Gaensslen, R. E. and Lee, H. C. Forensic Science: An Introduction to Criminalistics, New York: McGraw-­ Hill, 1983. Doyle, C. A. The Sign of the Four, London: Smith, Elder & Co., 1908. Eckert, W. G. and James, S. H. The role of the forensic laboratory, in Introduction to Forensic Sciences, 2nd ed., Eckert, W. G. (Ed.) Boca Raton, FL: CRC Press, 1997. Evett, I. W. and Williams, R. L. A Review of the Sixteen Point fingerprint Standard in England and Wales, 1996. Available at: www.thefingerprintinquiryscotland.org.uk/inquiry/files/ DB_0769-­02.pdf Fisher, B. A. J. and Fisher, D. R. Techniques of Crime Scene Investigation, Boca Raton, FL: CRC Press, 2012. Fudge, D. Fifty years of J. R. Platt’s strong inference, J Exp Biol., 217 (2014): 1202–1204. Horswell, J. Crime-­scene investigation and examination: Major incident scene management, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000, 428–432. Horswell, J. The Practice of Crime Scene Investigation, Boca Raton, FL: CRC Press, 2004. Houck, M. M., Crispino, F. and McAdam, T. The Science of Crime Scenes, Oxford, UK: Elsevier, 2012. Inman, K. and Rudin, N. Principles and Practice of Criminalistics: The Profession of Forensic Science, Boca Raton, FL: CRC Press, 2001. Jayaprakash, P. T. Practical relevance of pattern uniqueness in forensic science, Forensic Sci Int., 231 (1–3) (2013): 403.e1–403.e16. Kinraide, T. B. and Denison, R. F. Strong inference: The way of science, Am Biol Teach., 65 (6) (2003): 419–424. Kirk, P. L. Crime Investigation, New York: John Willey & Sons, 1974. Lee, H. C., Palmbach, T. and Miller, M. T. Henry Lee’s Crime Scene Handbook, San Diego, CA: Elsevier Academic Press, 2001.

Position of Crime Scene Investigation

NAS Report. Strengthening Forensic Science in the United States: A  Path Forward, Report of the National Academy of Sciences (NAS), (the NAS Report), Washington, DC: The National Academy Press, 2009. Platt, J. R. Strong inference, Science, 146 (1964): 347–353. Saferstein, R. Forensic Science: From the Crime Scene to the Crime Lab, 4th ed., New York: Pearson Education, 2019. Sharman, L. E. and Elliot, D. A. Scene analysis and reconstruction, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000, 457–462.

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Siepmann, J. P. What is science? J. Theoretic., 1–3 (1998). Available at: www.journaloftheoretics. com/editorials/vol-­1/e1-­3.htm. Suboch, G. Real-­world Crime Scene Investigation—A Step-­by-­Step Procedure Manual, Boca Raton, FL: CRC Press, 2016 Sutton, R., Trueman, K. and Moran, C. (Eds.) Crime Scene Management Scene Specific Methods, West Sussex: Wiley, 2017. Svensson, A., Wendel, O. and Fisher, B. A. J. Techniques of Crime Investigation, New York: Elsevier, 1981. Zannin, A. and Huber, L. Crime scene investigation, in Manual of Forensic Science: An International Survey, Barbaro, A. (Ed.) Boca Raton, FL: CRC Press, 2018, 1–20.

Chapter

3

General Crime Scene Procedure 3.1  ROLES AND RESPONSIBILITIES OF SCENE OF CRIME OFFICERS Empiricism insisted in forensic sciences (NAS Report, 2009) has limited role in crime scene investigation wherein the techniques applied are observational and the inferences drawn are evaluational, both processes operable solely on human inputs which are known for fallibility. When hands-­ down data such as known error rate can be relied on for validating laboratory analyses, the Scene of Crime Officer (SOCO) has to necessarily depend on demonstrable authenticity and transparency for vouching the validity in his records relating to the procedure adapted in each crime scene. For the erudite readers, there is no dearth of scholarly literature on crime scene procedures from books (Kirk, 1974; Svensson et al., 1981; De Forest et  al., 1983; Lee et  al., 2001; James and Nordby, 2003; Horswell, 2004; Becker, 2005; Beaufort-­ Moore, 2009; Sutton and Trueman, 2009; Langford et  al., 2010; Fisher and Fisher, 2012; Saferstein, 2019), chapters in encyclopedias (Horswell, 2000a, 2000b, 2000c, 2000d; Baldwin and May, 2000a, 2000b); Sharman and Elliot, 2000; Siegel, 2000), and instructive manuals (Ashcroft et  al., 2004; Forensic Science Regulator, 2012). The procedures enumerated in this chapter are those considered concise and optimal for an effectual management of crime scenes in practice. The tasks to be accomplished by SOCOs during crime scene search are twofold: to recognize potential physical evidence and retrieve them after recording their presence using appropriate techniques and to observe relevant manifestations in the crime scene, record them appropriately, and to formulate a reconstruction that would explain the events surrounding the crime. At the SOC, the information for the SOCO from the police will be secondary since these are gathered from their understanding of the crime scene, statements of witnesses, complainants, and suspects. On the other hand, the physical evidence and the observations available in the

DOI: 10.4324/9781003267096-3

crime scenes would form the primary source providing the most authentic and factual information for the SOCO to rely on. However, the prerequisite to assure such authenticity is that the crime scene should remain undisturbed and preserved. In practice, disturbance caused to the crime scenes is found to be the major cause affecting the authenticity of the evidence.

3.2  ON THE BEST PRACTICES DURING CRIME SCENE EXAMINATION In general, disturbances to crime scenes have been considered as the major sources of contamination (Baldwin and May, 2000a; Ashcroft et  al., 2004; Lothridge and Fitzpatrick, 2013; Saferstein, 2019). Disturbances to crime scenes are due to varied human actions which, oftentimes, cause contamination of physical evidence; in addition, these may, at times, affect the observations manifesting in crime scenes by altering them. Disturbances to crime scenes are likely to occur during both the presecured and post-­secured states, and the players involved may vary contextually. Examples of those involved during the presecured states include emergency medical services (EMS) workers or the general public engaging in lifesaving activities and firefighters extinguishing fires. The players who may disturb the scenes in the post-­secured state include police officers making cursory inspection of the scene, investigating officers trying to explain junior officers the nuances in the crime scene, other officials accessing the scene, and also the crime scene examiners. Furthermore, environmental influences such as heavy rain or snow and Dipteran infestations or other animal predations may also cause disturbances in crime scenes. It is important that these disturbances are appropriately recognized for preventing, minimizing as well as to account for their consequences. However, it has been this author’s experience that when a victim is dead and the body remains in the scene itself,

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Crime Scene Investigation and Reconstruction

human disturbances are minimal since there is a general reluctance on the part of both the local people and the officials to enter such scenes. Disturbances leading to physical evidence contamination: Contamination is the process of transfer of extraneous matter between the collector and the evidence or multiple pieces of evidence, producing tainted evidence that cannot be used in the subsequent investigation (Saferstein, 2019). As the definition implies, contamination pertains to collectable evidence, and SOCOs are required to follow the standard protocols to ensure that the evidence collected can be considered as ‘not contaminated’ and as qualified for analysis and interpretation. While the SOCOs must strive to follow the standard operating procedures for contamination prevention which have been reiterated time and again (Houck et  al., 2012; Fisher and Fisher, 2012; Suboch, 2016; Saferstein, 2019), they must routinely adhere to the following essential precautionary measures which should also be noted in their report. • Always use latex gloves and/or disposable forceps when touching evidence, especially those requiring DNA analysis, and make sure to change the gloves for each evidence when they are in multiples. Remember that DNA profiling requires absolutely uncontaminated samples. • Clean and sanitize all equipment that are not disposable before and after visiting a crime scene and between collecting each piece of evidence. It is this author’s advice that any DNA bearing biological stain identified as useful in a scene of crime should be, for purposes of transparency and authentication, first described indicating the stain pattern, be it blood or other body fluids, which should also be immediately photographed before packing it for DNA analysis. SOCOs must reasonably account for surmising the presence of biological stains that are not readily visible such as saliva or semen before preserving the concerned physical evidence/swab for DNA analysis. For example, the presence of a bite mark must be described prior to collecting a swab of saliva from around that mark for DNA analysis, and the starchy texture of a portion of clothing should be described first before marking that area for suggesting semen detection and DNA analysis. Attempting DNA analysis on evidence items that do not reveal any cue to infer the presence of body fluid traces, apart from lacking

scientific basis, is likely to breed inimical speculations on contamination as had happened in Kercher case described here. The much publicized Kercher case acquired notoriety mainly due to the generation of DNA profiles matching that of a suspect from a knife which was recovered 46 days after the discovery of the crime and on which there was no blood (Hogenboom, 2014; Balk, 2015). In the same case, DNA profile linking the suspect was also generated from a bra clasp that remained in the scene for 47 days since the occurrence of the crime and its recovery. While these DNA profiles were used to connect suspects who were included during the later course of investigation, there already was another suspect whose palm print was found in the scene and whose DNA was found in biological stains which were more copiously deposited in the scene and who also chose to plead guilty. Investigation officers’ prerogative to include new suspects apart from finding DNA profiles matching a suspect on a knife discovered after 46 days and on which bloodstains were absent appear counterintuitive. Explaining it as due to contamination begs the question: Was it the particular suspect’s DNA alone that contaminated a knife that was recovered after 46 days of occurrence? Disturbances affecting crime scene observation: In any scene, lifesaving always takes precedence over evidence preservation. Those involved in saving the life of someone in the scene, such as the EMS workers as well the local residents, are likely to disturb the articles in the scene as well as the posture of the victim. In addition, they may also deposit used items such as vials, syringes, packagings of medications, cotton or gauze pieces, pieces of cloth, items used for cutting down bodies such as knife, and many other related items in the scene. During lifesaving, the original posture of the body, in the case of already a dead victim, will be lost due to disturbance and symptoms enabling the diagnosis of such manifestations as cadaveric spasm will no more be evident. When hanging bodies are cut down to save individuals, the noose may not be available in its original form, and signs such as salivary discharge may not be recognizable; and, instead, unrelated signs consequent to lifesaving activities may appear such as the frothy discharge manifesting due to administering water to the victim (see Case 4–14). Accidental deposition of extraneous materials by individuals entering into scenes also occurs such as the unburnt match sticks spilled on the body of a burn victim along with an additional box of matches deposited

General Crime Scene Procedure

nearby as described in Case 7–2. Disturbances may also relate to chance alterations leading to dislocation of evidence as shown by the burnt piece of cloth shoved away from the protected area, as illustrated in Figures  7.17 and 7.18 in Case 7–1, which, when superimposed with the protected area, offered the important evidence that the victim was moving along that location while still ablaze. These disturbances may not challenge identification during scene examination; but these need to be duly recognized by the SOCOs and appropriately described and accounted for when attempting scene reconstruction. Once a scene is secured, it is cordoned off to prevent any disturbance. Here again, to what range the cordoning should extend is decided on a case-­ specific basis. Appropriate training to the constabulary in the police recruit school has been found effective in prompting the constables deputed for cordoning the crime scenes in effectively preserving the scene. The bicycle tire marks illustrated in Case 14–2 remained undisturbed because of the effective barricading arranged by the police constables trained in crime scene preservation that were among the first to reach the scene. Belated or second investigations of crime scenes: At times, the SOCO may have to visit an already disturbed crime scene belatedly or to clarify confusions in the findings of the initial investigation. On such occasions, the SOCOs should at first conduct a thorough study of the appearances recorded in the photographs taken of the crime scene during the initial investigation and then relate those appearances with the manifestations in the crime scene during the belated visit for identifying such observations and clues that have still remained in the scene as being reliable for use as evidence for reconstructions as shown in Case 7–1. On such occasions, mere statements recorded by the investigation officer cannot form the basis for scene investigation or reconstruction by the SOCOs. Ensuring health-­ related safety in the scene: Before discussing the health-­related safety issues, the SOCOs are advised to maintain above-­average physical health and enduring fitness, akin to the iron constitution recommended by Gross (1906), to work irrespective of the time—day or night, as well as to complete the scene examination, however long and laborious, in one continuous session. As against the laboratory analyses that can be continued intermittently for many days, examination of a crime scene in its ‘post-­secured’ state has to be compulsorily uninterrupted.

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In terms of welfare, the first priority when visiting crime scenes is to ensure the safety and physical well-­being of officers and other individuals. Depending on the context of the case, SOCOs must consider the possible biological, chemical, and radiological hazards and arrange suitable emergency care as well as safeguard measures. In this regard, the standard operating procedures prescribed by Saferstein (2019) is recommended for regular adherence by SOCOs visiting crime scenes. If the SOCOs feel the need for wearing face masks, as a general welfare measure, all those in the scene must be supplied with face masks. At the same time, the SOCOs must maintain professional demeanor and must not shun the odor of decomposition or the presence of maggots when dealing with decomposed remains—these are part of evidence. While the odor of decomposition may continue to linger even on the personal clothing, being the property of the gaseous products of bacterial activity, the odor by itself seldom causes infection. Ensuring protection of SOCOs from pressure and threat: Some authors have recognized the need for a plan to protect SOCOs while they are processing the scene when there is apparent unrest or when the suspect(s) are still at large, or it is a high profile case (Zannin and Huber, 2018). This issue acquires particular relevance when SOCO makes a reconstruction immediately in the scene itself, a situation contrasting the delayed reconstructions made in premises away from the crime scene after the receipt of the analytical results from forensic science laboratories. Obviously, SOCOs working in crime scenes and making reconstructions are ‘exposed’ to the witnesses as well other bystanders. Perpetrators choosing to mingle with the bystanders would readily recognize the role played by the SOCO in locating those clues which would connect them with the crime scene incriminatingly. Such experiences of this author include a case of homicide in which one of the suspects, a juvenile, standing among the bystanders, volunteered to help in the scene to ‘know’ the progress of scene investigation and another case in which the suspects, who knew that clinching clues had been collected from the scene, visited this author’s residence and intimidatingly referred to the case following which suitable security arrangements had to be made by the concerned police authorities. Although it is not pleasant to bear the pressure of being exposed to suspects or perpetrators, the SOCOs, being physically available in the scene, cannot insulate themselves from being identified by bystanders as the person responsible for locating a particular evidence of incriminating

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Crime Scene Investigation and Reconstruction

value. Methods to ameliorate such situations include exercising modesty so that extra attention by the onlookers will be prevented, refraining from flashy discussions with fellow officers during and/or after the scene visit, and, more particularly, refraining from discussing the case details with media or press representatives. Any contribution by SOCOs should be shared only with the appropriate and designated authorities, and this should be adhered to even after testifying in the courts.

METHODS OF SEARCH STRIP METHOD

GRID METHOD STRIPS

A

B

C

GRIDS

DIRECTION OF SEARCH

3.3  CRIME SCENE SEARCH The ability to record the evidence available in crime scenes is an art involving varied skills and thus challenges prescription of a specified methodological framework. The approach recommended in this field guide can only prompt the SOCOs to develop an aptitude, both scientific and artistic, to appropriately record the multifarious presentations that are likely to crop up in different crime scenes. Initially, the SOCOs may survey the scene to determine the safe areas to traverse and also to locate a place for keeping equipment etc., without disturbing the scene. After overall photography, the SOCO may adopt one or more methods for searching the scene but should guard himself from relying on ‘hunch’ to look for evidence on a hit-­or-­miss basis. Be it indoor or outdoor situations, the search approach should be innovative so as to search below structures like wall that obstruct scattering objects or fragments, inside cracks in the floor into which blood traces or incendiary liquids are likely to seep in, the corners in rooms where loose hairs usually accumulate, inside the garbage bins where empty pill blister packs are commonly thrown, and so on. Indoor situations involving dead bodies may fall within one of the following two broad classes— one in which the actions by the victim, mostly preparatory in nature, terminate in the dead body with the occurrence of death as it happens in cases of suicides and the other in which the actions perpetrated by another individual, the assailant, result in the death of the victim after which the assailant moves away from the dead body as it happens in cases of homicides. Bearing in mind the observable and collectable evidence accruing in both the aforementioned classes, the SOCO may consider the dead body to be the convenient start point for initiating the search. Concerning the mechanism of search in outdoor crime scenes, the SOCO is free to choose one or a combination of the methods illustrated in Figure 3.1.

INWARD SPIRAL METHOD

OUTWARD SPIRAL METHOD

ZONE METHOD

WHEEL METHOD

ZONES

SPOKES

FIGURE 3.1  Basic methods recommended for searching crime scenes.

3.4  DOCUMENTATION OF THE CRIME SCENE To be successful in documenting crime scenes, the SOCO requires both experience in recognizing evidence, observable and collectable, occurring at crime scenes as well as the awareness on what can be done in the laboratory using the collectable evidence. In this regard, the SOCO must have a comprehensive knowledge on the analytical potential available in the various divisions in a forensic science laboratory—see Appendix. Well-­ timed communication between the SOCOs and laboratory analysts may result in important evidence being recognized in crime scenes. Alongside documenting, the SOCO has to postulate in his mind multiple hypotheses appropriate to the observations. The ability to recognize an

General Crime Scene Procedure

observed something as a usable premise for framing hypothesis depends on the knowledge base of the SOCO on those premises earlier accepted by the scientific community. This indeed places a particular burden on the SOCOs. To somewhat ease this burden, many of the premises reported as being acceptable in citable literature are provided in this book together with the relevant crime scene observations. Because of the possibility to err when making observations, the SOCO must train his eyes not to pass over any presentation without evaluating it. The SOCO should never rely on memory when observing the scene, and instead, the notes, sketches, and the photographs prepared in the scene should form the basis for recording an observation. In the context of using digital cameras, a suggestion of proven practical value to refine crime scene observations is to review the photographic images in suitable enlarged state in the scene itself and to compare the recorded facts with those physically seen in the scene for ensuring reasonably factual representation. Notwithstanding the completion of the photography work, the position of objects in the crime scene should be left to remain as such until the final stage wherein the SOCO decides to ‘collect’ the portable clues. This would enable further verification of the observed details if the SOCO so desires. To be successful, the SOCO must not divulge the hypothesis or the reconstruction until the completion of the documentation procedure— better clues may come into sight as scene investigation proceeds further. The assistant chosen should be willing but should be tutored not to be proactive in citing earlier experiences and thus influencing the hypotheses of the SOCO. Documentation of the crime scene acquires legal importance when it is used as evidence in courts. Here, documentation enables the reviewers to mentally perceive the happenstances in the scene of crime in the same way the SOCO perceived them when examining that scene. From forensic science perspective, documentation empowers the SOCO to infer an evidence-­based reconstruction of the crime. It must be borne in mind that anything scribbled or jotted in the crime scene can be interpreted as being evidence. While in some countries like the United States, such materials are also routinely provided to the opposing counsels, in countries like India, the defense counsels are entitled to demand the production of rough notes, etc., made in a crime scene. As such, the SOCOs must retain every piece or written material however trivial or informal it may appear. The traditional methods available for documenting

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crime scene observations are by making notes, sketches, photographs, and video records.

3.5  DOCUMENTATION BY PREPARING WRITTEN NOTES The objective of preparing the descriptive notes is to generate a written record of the visual presentations in crime scenes which the SOCO considers as being significant. These notes form the basis for the SOCO to prepare his final report. Obviously, it is impossible to recommend a particular prescription for writing the notes since the presentations in the crime scenes vary much and are also case specific. The descriptions accompanying the illustrations in this field guide, though not claimed as the finest, would serve as examples enabling the SOCOs to prepare descriptive notes in the cases they are required to investigate. The notes must be clear and understandable for readers who may not possess formal knowledge in science. To ensure reliability, notes may be written in a bound notebook instead of loose leaf papers with entries contemporaneously made in chronological order rather than in an out-­of-­sequence manner. Indicating even purely negative facts—this will speak about impartiality during observation (see Figures 4.60 and 4.63 in Case 4–11). One should use coordinate method (mentioning distances and cardinal directions based on compass from two stable landmarks) for locating important objects and clearly specify the unit of measurement used. In situations where absolute precision would be redundant, the measurements may be mentioned with the prefix ‘about’, e.g., ‘The body was freely hanging. The downwardly pointing toes were about 1 in. above the floor level’ (see Figure 4.1 in Case 4–1). One should tabulate details wherever possible such as when listing the clues collected and suggesting relevant laboratory analyses (see Table 5.1 in Case 5–3).

3.6  DOCUMENTATION USING CRIME SCENE SKETCHES Crime-­scene sketches need not be works of art. The sketches must be made by the SOCO himself so that his eyes will be drawn to every detail in the crime scene. Additional advantages of sketches are that, unlike photographs, they allow for incorporating measurements and for emphasizing the most significant objects—both enabling accurate recollection of the crime scene circumstances at later dates.

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Crime Scene Investigation and Reconstruction

The rough sketch made at the scene can be used for drawing a finished sketch later on. The cardinal points indicating direction as per compass, N, S, E, and W, should be marked in the sketches. When dealing with larger areas, graph paper is helpful in drawing a rough sketch. A rough sketch made in the scene of crime should be retained after the finished sketch is completed. There have been occasions where the defense counsels sought the production of rough sketches during court testimony. A finished sketch can be one of the three main types, viz. plan sketch or an aerial view sketch, elevation view sketch, and three-­dimensional view or the perspective view sketch many of which are illustrated in this book. The SOCO must exercise full freedom in deciding the type of sketch or sketches which would aid him in emphasizing the points he desires as being relevant. He may choose to draw both a plan sketch and an elevation view sketch for the same case (see Figures 4.2 and 4.3 in Case 4–1); or to make a three-­dimensional view sketch in a case of death due to burns (Figure 7.1 in Case 7–1) although such sketches are usually drawn in cases of shooting (Figure 13.8 in Case 13–2) or in explosions (Figure 14.9 in Case 14–1 and Figure 14.50 in Case 14–3). The SOCOs may also draw sketches that are diagrammatic when explaining specific phenomenon or features of interest. Examples of such sketches include illustration of change in the directionality of a skid mark (Figure 16.1 in Case 16–1), the relationship between a hit mark due to collision and the height of the object that could have caused the mark (Figure 16.4 in Case 16–2), the sequence of marks caused by bullets (Figure 13.8 in Case 13–2), dimensional details of depth in a well (Figure 8.26 in Case 8–2), the location of hit mark by a bullet (Figure  13.29 in Case 13–3), the possible direction of ricochet (Figure  13.35 in Case 13–3), etc. Diagrammatic representations may also include the demonstration of the processes indicating accessibility during simulation experiments (Figure 4.66 in Case 4–11), the location differences of the dummy models used during a study (Figures 8.1 and 8.15 in Case 8–1), etc.

3.7  DOCUMENTATION USING CRIME SCENE PHOTOGRAPHY The situations for photographing potential observable evidence and other physical evidence in crime scenes vary widely even among the same type of cases. In the context of the utility of any observable

evidence, it is stressed that photography is the only method available for the SOCO to offer the provenance authenticating that the observation really existed in the scene. Unlike the sketches that are ‘hand drawn’ and the notes that are ‘handwritten’, photographs take precedence as evidence since they enable freezing the visually seen appearances in a crime scene in the form of ‘light drawn’ graphical and picturesque record which is inherently life-­like. It is thus the responsibility of the SOCO to ensure that every observable evidence is photographed suitably forming a graphic and life-­like record of the particular something that is visually perceived by the SOCO in the crime scene. Instead of classifying photographs as ‘over-­all’, ‘close-­up’, etc., the focus shifts to the observable evidence each photograph supports. The reader may note that every photograph displayed in this field guide supports one or more such observations that form the premises for the SOCO to frame hypothesis and to infer reconstruction. For example, the photograph of the dead body in Figure 4.1 in Case 4–1 is seen to support many observable evidence such as the freely hanging posture of the body, the downwardly pointing toes, the partly clenched fingers, the type of ligature knot in the origin, the location of the knot on the neck, the availability of the cot for gaining elevation, all of which acquire importance during crime scene reconstruction. In the same Case 4–1, close-­up views are shown to illustrate many of the scene manifestations such as the details of the upwardly canted knot on the neck with intact hair bun (Figure  4.5), the dribbling of saliva from the tilted angle of the mouth (Figure 4.6), the cobweb deposited on the scalp hair (Figure  4.8), and the directionality in the downward track of urine along the leg (Figure  4.9)— each observation leading to specific inference. Enlargements can also be made of chosen areas from one photograph for illustrating specific observations such as the petechial hemorrhage in the tongue and salivary dribbling (Figure  4.7 in Case 4–1), the track of urine along the toes (Figure 4.10 in Case 4–1), the nature of knot (Figure  4.23 in Case 4–3), patterned impression caused by cloth (Figure  4.57 in Case 4–10), the protected space caused by a match box and the patterns in the label (Figures  7.5–7.8 in Case 7–1), the type of bloodstain patterns (Figures 7.13–7.16 in Case 7–1), patterns caused by localized burns (Figures  7.17 and 7.18 in Case 7–1 and Figure 7.25 in Case 7–2), the course of an electrical wire (Figure  9.15 in Case 9–3), and the impression caused by a trickle of paint (Figures 16.16–16.18 in Case 16–3).

General Crime Scene Procedure

The methods and techniques useful for crime scene photography are available in many of the books dealing with crime scene examination (Lee et  al., 2001; Fisher and Fisher, 2012; Saferstein, 2019). In essence, the SOCO need not possess the skills of professionally certified photographer; but he should be able to bring out photographs of acceptable quality. He must ensure full confidence in handling the camera that he uses—experimenting with the camera at the crime scene would prove disastrous. Before leaving for a crime scene, he should confirm that the battery is fully charged and a spare battery is readily available; and a fresh and exclusive memory card of sufficient capacity is available. The SOCO being accountable for framing and testing hypotheses, he also assumes responsibility to guide the photographer, when one is so assigned, to secure such photographs befitting the aforementioned purposes. In crime scene work, technically acceptable photographs must ensure the use of appropriate camera, proper lighting, acceptable image quality, correct exposure, sharp focus that is devoid of distortion, maximum depth of field along with evidence for provenance. Any of the currently available 35-­mm D-­SLR cameras with 18–55 mm lens and with sensor size APS-­C (12 megapixels or more) is a good choice as an all-­round camera for the scene of crime work. It is better to avoid glare and strong shadow in photographs, and an angle-­poised electrical lamp with an extension wire of sufficient length has been found useful to provide acceptable lighting for close-­up photography since the angle of the incident light can be maneuvered and better controlled. It is better to always use a tripod for close-­up photography as it has two advantages. The first is in maintaining the lens plane parallel to the plane of the subject, a technique that enables obtaining images devoid of parallax error. It should be remembered that letting parallax error to creep in when photographing patterned evidence such as footwear or tire marks in the crime scene would stave off later comparison with the control impressions in the laboratory. The second advantage relates to avoiding ‘camera shake’ during close-­up photography. Reasonable depth of field should be ensured when taking close-­up photographs of objects that have a depth—such as a sunken foot print or a bloodstain pattern covering an angular surface. The SOCOs should bear in mind the criticism that digital images are viable to manipulations, and in the absence of evidence to support image provenance, they may appear awkward in courts. The original image along with the information about

23

capturing it such as the date, time, and camera settings available on the memory card must be preserved as such as an ‘archive image’ recorded in a disc or media. During subsequent alterations of the image, its traceability to the original image must be ensured by a process termed ‘audit trail’ in the same way the continuity of physical evidence is ensured by ‘chain of custody’. Video recording proves to be useful when conducting simulation studies using models to demonstrate the likelihood of certain events during crime scene reconstruction. Such examples include the possibility for the victim to access the location of the origin of the ligature simulated using a live model in a case of hanging (Case 4–11) or the possible location of fall of the victim simulated using a dummy in a case of fall from height (Case 8–1). Odd circumstances that challenge re-­photography of the evidence such as examining the damages inside a well (Case 8–2) may also be videographed for facilitating review.

3.8  PREPARING THE FINAL REPORT The cases described would show that the proclivity for scientific input is profound during the process of framing hypothesis and testing them; for once, the right premises are recognized at the crime scene and tested against appropriate Accepted (major) premises, the ‘reconstruction’, or more informally, the ‘opinion’ flows on its own. The methodological approach prescribed here guides the reconstructionist to the reconstruction eliminating the need to rely on such abstract human variables as being thorough, critical, or imaginative. The following broad suggestions may be useful for the SOCO in preparing the crime scene reports. The scene of crime report emanating from the SOCO is to be addressed to the officer who requested his services, invariably the investigation officer, with a copy marked to the concerned senior police officer for information. Descriptions may be in third person following those in this field guide. The SOCOs must ensure that the description in the observation and/or the seizure report prepared by the investigation officer corroborates the details recorded by the SOCO. Another practical suggestion is to involve the witnesses in such acts as measuring the distances, etc., so that they would remember to recollect those acts at the time of trial which normally would be long delayed. The SOCO may suggest the reconstruction he had drawn indicating it as being ‘plausible’. The scientific citations for the accepted

24

Crime Scene Investigation and Reconstruction

(major) premises indicated in this field guide are for the benefit of the SOCO, and mentioning them in the report would be superfluous. Sections in a crime scene report may include the following: i) Brief history and details regarding date and time of visit by the SOCO ii) Overall description of the scene including photography iii) Rough sketch iv) Detailed observations made in the scene including photography v) Plausible reconstruction and suggestions, if any vi) List of material evidence collected and analyses required vii) Further advice to the investigating officer

(loose  sheets and bound into note book), pens, pencils, sharpener, erasures, ruler (30 cm), transparent sheets, marking pens, good-­ quality air bubble free sticky tapes (1/2”, 1” and 2”), plastic and paper envelopes of different sizes, self-­locking covers, tweezers (both plain and rubber tipped), scalpels 6”, brushes 12  mm, paper pins, paper clips, good pair of surgical scissors of sizes 4” and 6”, tongs 8”, thread roll, modeling clay, glass cutter, paper cutter, disposable hand gloves, face masks, etc. Photography kit: This kit would include a good D-­ SLR camera, flash unit, tripod, scales, number cards, arrowheads, etc.

3.9  EQUIPMENT IN A MOBILE FORENSIC SCIENCE LABORATORY (MFSL) The success of crime scene investigation, although basically a pursuit largely banking on human input, still essentially depends on the ready availability of basic aids and implements that are of inestimable importance. While listing some of the items that are considered indispensable, Gross (1906) noted that such an outfit has been at time the sole cause for a great success; and, indeed, the list of equipment provided by Gross (1906) still remains relevant even after a century. When this author started the career as an SOCO in the early seventies, the MFSL was a utility van with its rear portion modified into a laboratory-­ cum-­ dark-­ room facilitating the erstwhile wet-­ process-­ based development of photography films in the crime scene itself. With the advent of digital photography, any minivan or station wagon can be used as MFSL for carrying the various kits some of which can be packaged into custom-­designed briefcases with multiple compartments (Figures  3.2 and 3.3). The minimum required kits are listed next in the chapter and may be expanded depending on affordability. General crime scene kit: This kit is fundamental for recording crime scene observations. The items may include measuring tape (50  m and 5  m), good-­quality hand-­ held magnifiers preferably of doublet or triplet types of 20× or 30×, illuminated magnifier, torch light, set squares of sufficient sizes, writing pad, A4 size white paper

FIGURE 3.2  Tools and other items in a compartment in the briefcase designed for crime scene investigation.

FIGURE 3.3  Appliances in a compartment in the briefcase designed for crime scene investigation.

General Crime Scene Procedure

Kit for preparing swabs: Toothpicks to make cotton-­ tipped swabs, pH paper, cotton, gauze, or Whatman filter paper, regular filter paper, paper bindles or sterile swab, storage containers such as self-­locking plastic bags (for dry swabs), glass or plastic jars (for wet swabs), glass or plastic test tubes, distilled water in suitable container for dispensing in drops, scalpel, utility knife, scissors, beakers, porcelain tile 6 × 6” size, test tube stand, etc. Reagents for preparing swabs: Strips precoated with benzidine compounds for spot testing the presence of blood, if available, or benzidine solution (0.25 g in 25 ml of glacial acetic acid) and 3% hydrogen peroxide; acetone and distilled water for preparing swabs of explosive residues; and one molar nitric acid (AR) for gunshot residues (GSR). (Specific methods for preparing various swabs are mentioned in Appendix.) Foot print kit: This kit enables making plaster of Paris casts of sunken foot prints. The basic component is good-­grade plaster of Paris the quality of which should be checked by the SOCO well in advance since any failure in setting of the plaster during casting in the crime scene would prove catastrophic. Additional materials required are foot print frames, spray guns, shellac, alcohol, troughs of required sizes, spoons, spatula, improvised materials for reinforcement, etc., for casting foot prints; and roller, acrylic sheet, printer’s ink, paper sheets, etc., for preparing inked foot prints. Electrostatic dust print lifter can be an additional tool for lifting foot prints in dust residue. Instruments: Binocular stereo microscope, hand spectroscope, screw gauge (25  mm), vernier calipers, mariner compass, dissection box, etc. Electrical kit: Angle poised lamp, extension board with a sufficiently long cable (30 m), line testers, electric shock proof hand gloves, etc. Mechanical kit: Hacksaw frame with good hack saw blades, cutting pliers, nose pliers, hammer, screwdriver set, chisels, spanners, etc. Packaging materials: Tamper-­evident packaging materials, card board boxes of different sizes, paper bags, waterproof pen, evidence tape, thread roles, etc.

25

3.10  DESIRABLE PRE-­DEPLOYMENT TRAINING FOR SOCOs Every member in an FSL is recruited on the basis of a master’s degree in a specific branch of science and thus is destined to specialize in that branch. However, the SOCOs are to be drawn only from among such a general staff pool available in FSLs. Obviously, it is difficult to expect a member qualified in a particular branch of science to perform duties as a ‘generalist’. Sense of academic specialism is inherent in forensic science, and. yet, the SOCOs must guard themselves from letting it to approach syndromic proportions. Above all, the making of a SOCO involves transformation of a staff accustomed to Laboratory Science to the one befitting Field Science. For achieving this end, the following three-­ pronged pre-­ deployment training is recommended for SOCOs. i) Division-­wise training in the laboratory: In this training, the prospective SOCOs are to be trained in each division of the FSL for a specified period focusing on the capabilities and limitations in the analytical facilities in that division. ii) Training courses tailored for crime scene investigators: There can be regular in-­house training in FSLs for all the staff to learn the field techniques relating to investigating the different types of crimes. This author’s experience as the Course Coordinator for the training earlier mentioned and titled ‘Art and Science of Observing Crime Scenes—ASCriS’ indicated that such training and the manual (Jayaprakash, 2003) brought out were effective in providing opportunities for the participants to learn interactively. However, a training of that kind did not provide the opportunity for hands-­on learning. iii) Work-­ based learning (WBL) using mock crime scenes: Accumulation of knowledge through hands-­on learning is vital for crime scene investigators since they cannot wait for murders to happen for learning from those crime scenes. This author’s experience in teaching the course ‘Professional Skills in Forensic Science’ to master’s students in Universiti Sains Malaysia, Malaysia, indicated it was expedient to arrange mock crime scenes for training candidates in observing and recording crime scenes (Figures 3.4 and 3.5). Undoubtedly, it would be burdensome

26

Crime Scene Investigation and Reconstruction

FIGURE 3.5  Close-­ up view of the head of the FIGURE 3.4  A view of a mannequin representing a

partially hanging body used in a mock crime scene.

to arrange mock crime scenes that are technically flawless and at the same time artistically acceptable; and, yet, it has been found that mock crime scenes form the only effective resource for the candidates to learn by profiting from their mistakes when observing details and recording them by making notes, sketches, and photographs.

REFERENCES Ashcroft, J., Daniels, D. J. and Hart, S. V. Crime Scene Investigation: A  Reference for Law Enforcement Training, Washington, DC: U.S. Department of Justice Office of Justice Programs, 2004. Baldwin, H. B. and May, C. P. Crime-­scene investigation and examination: Preservation, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000a, 440–443.

hanging mannequin. Observable evidence depicted include the course of the ligature, the location of the knot, protruding tongue, dribbling of saliva, and the skin erosions caused by ants devoid of bloodstains.

Baldwin H. B. and May, C. P. Crime-­scene investigation and examination: Recovery of human remains, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000b, 447–457 Balk, C. Reducing contamination in forensic science, Themis: Research Journal of Justice Studies and Forensic Science, 3 (1), Article 12, 2015. doi: 10.31979/THEMIS.2015.0312. Available at: https://scholarworks.sjsu.edu/themis/vol3/ iss1/12 Beaufort-­Moore, D. Crime Scene Management and Evidence Recovery, Oxford: Oxford University Press, 2009. Becker, R. F. Criminal Investigation, Boston: Jones and Bartlett Publishers, 2005. De Forest, P. R., Gaensslen, R. E. and Lee, H. C. Forensic Science: An Introduction to Criminalistics, New York: McGraw-­Hill, 1983. Fisher, B. A. J. and Fisher, D. R. Techniques of Crime Scene Investigation, Boca Raton, FL: CRC Press, 2012.

General Crime Scene Procedure

Gross, H. Criminal Investigation: A  Practical Handbook for Magistrates, Police Officers and Lawyers, Adam, J. and Adam, J. C. (Trans) Madras: Krishnamachari, 1906. Hogenboom, M. Kercher trial: How does DNA contamination occur? BBC News, January 30, 2014. Available at: www.bbc.com/news/ scienceenvironment-­24534110 Horswell, J. Crime-­scene investigation and examination: Major incident scene management, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000a, 428–432. Horswell, J. Crime-­scene investigation and examination: Packaging, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000b, 432–440. Horswell, J. Crime-­scene investigation and examination: Recording, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000c, 443–447. Horswell, J. Crime-­scene investigation and examination: Suspicious deaths, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000d, 462–466. Horswell, J. The Practice of Crime Scene Investigation, Boca Raton, FL: CRC Press, 2004. Houck, M. M., Crispino, F. and McAdam, T. The Science of Crime Scenes, Oxford, UK: Elsevier, 2012. James, S. H. and Nordby, J. J. Forensic Science: An Introduction to Scientific and Investigative Techniques, Boca Raton, FL: CRC Press, 2003. Jayaprakash, P. T. Manual on “The Art and Science of Observing Crime Scenes”, Chennai, India: Forensic Sciences Department, Government of Tamil Nadu, 2003. (for official circulation). Kirk, P. L. Crime Investigation, New York: John Willey & Sons, 1974. Langford,  A. M., Dean,  J.,  Reed,  R.,  Holmes,  D. A., Weyers, J. and Jones, A. Practical Skills in Forensic Science, Harlow, England: Prentice Hall, 2010. Lee, H. C., Palmbach, T. M. and Miller, M. T. Henry Lee’s Crime Scene Handbook, San Diego, CA: Elsevier Academic Press, 2001.

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Lothridge, K. and Fitzpatrick, F. Crime Scene Investigation: A  Guide for Law Enforcement, National Forensic Science Technology Center (NFSTC), supported under cooperative agreements by the Bureau of Justice Assistance, and by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice, 2013, National Forensic Science Technology Center (nfstc.org) NAS Report, Strengthening Forensic Science in the United States: A  Path Forward, Report of the National Academy of Sciences (NAS), (the NAS Report), Washington, DC: The National Academy Press, 2009. Saferstein, R. Forensic Science: From the Crime Scene to the Crime Lab, 4th ed., New York: Pearson Education, 2019. Sharman, L. E. and Elliot, D. A. Scene analysis and reconstruction, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000, 457–462. Siegel, J. A. Crime scene investigation and examination: Collection and chain of evidence, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000, 409–412. Suboch, G. Real World Crime Scene Investigation: A Step-­by-­Step Procedure Manual, Boca Raton: Taylor & Francis, 2016. Sutton, R. and Trueman, K. Crime Scene Management—Scene Specific Methods, Oxford: John and Wiley, 2009. Svensson, A., Wendel, O. and Fisher, B. A. J. Techniques of Crime Investigation, New York: Elsevier, 1981. The Forensic Science Regulator, Department of Justice and The Royal College of Pathologists. Code of Practice and Performance Standards for Forensic Pathology in England, Wales and Northern Ireland, Home Office, 2012. Available at: www.rcpath.org Zannin, A. and Huber, L. Crime scene investigation, in Manual of Forensic Science: An International Survey, Barbaro, A. (Ed.) Boca Raton, FL: CRC Press, 2018, 1–20.

Chapter

4

Scheme for Investigating Cases of Death by Hanging 4.1 INTRODUCTION It has been realized that a reliable boundary discriminating all suicidal cases from homicidal action, only on the basis of post-­mortem findings, does not obviously exist (Gordon et  al., 1988; Maxeiner and Bockholdt, 2003; Saukko and Knight, 2004a). Unlike other suicide methods, such as gun shot or poison, which leave unambiguous vital signs in addition to particular and related physical evidence, hanging is recognized as one method where specific vital signs are not observable (Davis, 1980; Mant, 1986; Gordon et al., 1988). Indicating that the signs conventionally considered vital were treated as obsolete (Saukko and Knight, 2004b; Gilbert et al., 2008), authors have stressed the importance of inspecting the place where the alleged hanging took place and locating firm circumstantial or preferably physical evidence of mechanical obstruction of respiration to support death by hanging (Gordon et al., 1988; Saukko and Knight, 2004b). Improprieties in recording such evidence from the scene may render the manner of death equivocal and arguable in many of the hanging cases, as exemplified in this chapter, especially when some interested parties endeavor to sustain the confusions. The first case study in this chapter has been described in greater detail so as to enable a beginner venturing into crime scene investigation to acquire a broader understanding on the scope for observations-­ based reconstruction in hanging scenes. Importantly, the diversity in the probative

DOI: 10.4324/9781003267096-4

force of the sequential reconstructions from different observable evidence in dead bodies as well as in the scenes is also illustrated (Table 4.1 in Case 4–1). The other cases that follow are chosen to illustrate some of the variations in hanging scenes that are more likely to confuse the scene investigators. Confusions during the scene investigation in hanging cases can be due to multiple reasons ranging from preexisting motive-­based allegation that the hanging was a simulation following homicide (Case 4–1) to confusion arising because of unusual postural findings such as the body parts supported on the ground (Case 4–4), binding of body parts (Cases 4–2 and 4–3), or unusual location of the knot (Case 4–11). Other confusing observations include the presence of unaccounted bloodstains (Cases 4–8 and 4–9) or the presence of additional antemortem injuries (Case 4–10), etc. Homicides can also be staged as suicidal hanging (Cases 4–12 and 4–13). Case studies relating to suicidal strangulation using ligature are also included (Cases 4–15 and 4–16). The flowchart (4.2) and the cases illustrated would enable the SOCO in investigating cases of hanging on a methodological basis. The discussion includes some of the myths and facts relating to hanging scenes, the possible variations in the knots, the ligature materials and ligature marks, the possibilities for cadaveric spasm in dead bodies and its relevance in hanging scenes, the probable causes for lesions in limbs and the significance of ant erosions, and consequent postmortem effusion of blood in hanging bodies.

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STATE OF DRESS/ATTITUDE - Normal and unruffled - Disordered and ruffled – suspicious of homicide

HANDS /FINGERS; LEGS/TOES - Downward/flexed/others - Partially clenched fingers - Downward toes

BODY FLUID TRACKS AND CONFORMITY TO POSTURE Saliva/blood/urine/feces

VAGINAL/PENILE/ FECAL DISCHARGE Conformity to posture

VOIDED URINE STAIN - Conformity to posture - Wetness in cloth- On the floor/smell

NASAL DISCHARGE - Bloody/normal - Directionality

When absent: - Knot in front? - Collected in mouth?

Stain on clothing etc. - Profuse/limited - Broad in extent

SALIVA When present: - Dribbling downward - In angle of mouth

FLUID DISCHARGES

- Consider observations on posture, knot and objects for elevation when hypothesizing on accessibility to point of suspension. - Relate directionality of discharged saliva and urine when hypothesizing the manner of death.

CUES FOR RECONSTRUCTION

ANT EROSION IN SKIN - With bleeding - Without bleeding - Evidence of crawling ants

OTHERS - Self- inflicted? - Assault related? - Others

LIGATURE ON THE NECK - Oblique/circular/both - Strangulation-self or by others

EVIDENCE OF - Cadaveric spasm/rigor mortis /lividity

ABRASIONS/ BRUISES IN LIMBS - Lesions in limbs - Relation to nearby objects in vicinity

CONTUSIONS - Along ligature - Below knot

PETECHIAL HEMORRHAGE - Ecchymosed tip of tongue

INJURIES

KNOT LOCATION/TYPE LOCATION: Front/side/back/ canted up or not TYPE: sliding/fixed/simple loop ADDITIONAL BINDING – if any

EYES: Half-closed/others TONGUE: Protruding-bitten by teeth/Not protruding

HEAD TILT Left/right/front/back

OVERALL Free/partial/lying/others

POSTURE

DEAD BODY

OBSERVATIONS

STATUS OF LATCHES - Doors - Windows

DOCUMENT/ USED TABLET STRIPS - Letter/pen - Tablet/packing

BLOODSTAINS - Source - Post mortem?

EVIDENCE OF ASSISTANCE - Intricacy in ligature course etc.

IMPRINT EVIDENCE - Fingerprints/ Foot prints/ Others

TRACE EVIDENCE DUST/FIBERS - In palm – fibers of rope - In fingers and toes - On the head etc.

LIGATURE SOURCE - From personal clothing - Others - Cut pieces, if any

ACCESS TO KNOT - Access to origin - Object for elevation - Cut down evidence

SOC

CRIME SCENE

Include measurements wherever possible

- Others

- Object for elevation

- Toe to ground

- Victim’s height

- Ligature origin to knot

- Knot on the neck

- Ligature origin

HIGHLIGHTS

- Include cardinal directions

- Ground plan - Elevation view - Isometric view

OVER-ALL SOC

SKETCH

- Oblique - Interrupted - Circular - Combination - Additional marks

LIGATURE MARK (body laid down)

EROSION IN SKIN - With bleeding - Without bleeding

DIRECTIONALITY - Salivary discharge - Nasal discharge - Urinary/fecal track - Vaginal/seminal discharges

CONTUSIONS/ ABRASIONS - Ligature/knot related - Others

HEAD AND FACE - Tilt in head - Eyes and tongue - Saliva in mouth

KNOT - Origin - On neck – canted up - Hair-do location

OVER ALL

SOC

- After cutting down - Cut ends connected

LIGATURE RECONSTRUCTION

- Others

- Imprint evidence – scaled photos

- Trace evidence

- Latches of doors / / windows

- Cuts in ligature, if any

- Other body fluid stains

- Bloodstains

- Object for elevation

- Ligature origin to feet of body

PHOTOGRAPHY

DEAD BODY

4.2  FLOWCHART FOR INVESTIGATING DEATH BY HANGING 4.1. FLOW CHART FOR INVESTIGATING DEATH BY HANGING

30 Crime Scene Investigation and Reconstruction

Cases of Death by Hanging

4.3  CASE STUDIES—CASES 4–1 TO 4–16 CASE 4–1: A CASE OF HANGING ALLEGED AS SIMULATION THE CASE A female aged about 27 years was seen dead freely hanging from a bamboo rafter in her house. The downwardly pointing toes were about 1 in. above the floor level. The fingers were seen partly clenched (Figure  4.1). A  possible object that could have been used to gain access for tying the rope to the rafter on the roof was a bamboo cot. However, the location of the cot was about 1 ft. 4 in. behind the hanging body (Figure 4.2—aerial view sketch). The mud floor below the hanging body revealed a track of wet stain from the feet region toward the vertical bamboo post.

FIGURE 4.1  A  female dead body freely hanging from a bamboo rafter. Note the bamboo cot, a possible object that could have been used for gaining access for tying the rope to the rafter.

PRIMARY HYPOTHESIS The manner of death was due to hanging supporting suicide ALTERNATIVE HYPOTHESIS The manner of death was homicide, and hanging was a simulation. SEQUENTIAL HYPOTHESIS 1 The bamboo cot seen about 1 ft. 4 in. on the western side of the vertical axis of the hanging body (Figure  4.2) could have offered the elevation for the victim to tie the ligature knot on the bamboo rafter.

FIGURE 4.2  An aerial view sketch of the scene. Note the location of the cot with reference to the location of the body.

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Crime Scene Investigation and Reconstruction

Observed premises The victim’s height (4 ft. 10 in.) would enable her to reach the height of the bamboo rafter at 7 ft. 4 in. from the ground level (Figure  4.3—elevation view sketch) when standing on the bamboo frame of the cot (1 ft. 9 in. high) and extending her arm (about 2 ft. diagonally), considering 9 in. as the average head height.

material around the bamboo rafter, and then completing the knot.

Accepted (major) premises Accessibility to reach the point of origin of the ligature in elevation view is important to support the hypothesis that the knot could have been made by the victim herself.

Accepted (major) premises Knot and ligature analysis can assist in the determination of manner of death (Camps, 1968; Spitz, 1993; Busuttil, 2003). If the dead body with the noose on the neck has to be hauled up, the ligature material has to pass over the bamboo rafter, pulled downward, and circled around the rafter, probably multiple times, (to prevent slipping) before securing it with possibly a rolling hitch type of knot (non-­sliding type).

Reconstruction The observed premise and the major premise work together supporting the hypothesis that the cot could have offered the elevation for the victim to tie the ligature knot on the bamboo rafter while standing on the cot with arms outstretched. SEQUENTIAL HYPOTHESIS 2 The sliding type knot in the point of origin indicates making that knot first and then sliding it toward the rafter; it does not support pulling the weight of the body upwards, circling the ligature

FIGURE 4.3  An elevation view sketch of the scene. Relevant measurements useful for scene reconstruction are shown.

Observed premises The knot in the point of origin was of a sliding (slip) type with the ligature material encircling only once around the bamboo rafter (arrow in Figure 4.4).

Reconstruction The sliding (slip) type knot with a single looping of the ligature material around the bamboo

FIGURE 4.4  Arrow indicates the sliding-­ t ype

knot in the point of origin. The ligature encircles the neck with the knot canted upwards.

Cases of Death by Hanging

rafter on the point of origin does not support the proposition that the body had been hauled upwards prior to making the knot. The sliding type knot in the origin supports the possibility that it had been made first followed by the knot on the neck. SEQUENTIAL HYPOTHESIS 3 The type of ligature knot on the neck does not support craggy execution in making it and then pulling the weight of the body upward as it happens when simulating hanging. Observed premises The ligature was seen looped obliquely around the neck with a sliding (slip) type knot behind the right ear. The knot, canted upward, was seen underneath the bun of the hair that remained intact without getting disheveled (Figure 4.5). Accepted (major) premises Knot analysis can assist in the determination of manner of death (Spitz, 1993; Busuttil, 2003). Ligature simply looping around the neck, presence of a sliding-­ t ype knot canting upwards, and the hair not caught in the knot have been indicated as supporting suicide in hanging cases

FIGURE 4.5  Close-­up view of the oblique liga-

ture on the neck with sliding-­type knot, canted upward, underneath the bun of the hair.

(Shkrum and Ramsay, 2007; Payne-­James et al., 2011). Reconstruction The course of ligature and the knot on the neck in relation to the hair style do not support the proposition that the body had been hung after death simulating hanging. On the other hand, the observations relating to the ligature and the knot support the proposition that the knot was made by the victim herself. SEQUENTIAL HYPOTHESIS 4 Salivary dribbling and evidence of free flow of saliva support death in hanging posture. Observed premises A drop of saliva was seen toward the left side (tilted angle) of the mouth (black arrow in Figure  4.6; enlargement in Figure  4.7). Mucous discharge from the nose was also seen. Vertically downward copious flow of the dribbled saliva was

FIGURE 4.6  Observable evidence in the body includes a drop of saliva collected on the tilted side of the mouth (black arrow), mucous discharging from the nose, vertically downward tracks of dribbled saliva on the saree in the chest region (gray arrows), and cobweb on the hair (white arrow).

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Crime Scene Investigation and Reconstruction

Observed premises Tongue was protruding and found bitten between the teeth. The protruding part of the tongue was ecchymosed (contused) revealing petechial hemorrhages (white arrows in Figure 4.7). Accepted (major) premises Tongue is known to protrude and remain bitten between the teeth in death by hanging, and petechial hemorrhage in the tongue is a vital reaction known to occur in death by hanging (Mason, 1993; Saukko and Knight, 2004b). FIGURE 4.7  Close-­up view of the saliva on the

mouth (black arrow) and petechial hemorrhage on the protruding part of the tongue (white arrows). indicated by the evidence of glistening stain in a broad area of the saree in the chest region (gray arrows in Figure 4.6). On touching, the stained area on the cloth felt stiff and starchy. Cobweb was seen on the hair (white arrow in Figure 4.6). Accepted (major) premises While salivary discharge has been indicated as being possible due to the pressure of the ligature even when a person was hung immediately after death (Davis, 1980; Mant, 1986), the finding in a filmed hanging (Sauvageau and Racette, 2007) that saliva freely flowed from the mouth at 1 minutes 11 seconds after hanging supports copious flow of saliva as an indicator of death by hanging. The traces of the dried saliva on the clothes make it possible to judge whether the situation in which the body was found corresponds to that at the time the person was hanging (Eisenmenger and Gilg, 2003). Reconstruction The evidence of salivary dribbling on a broad area of the cloth in the chest region and its downward directionality indicated copious flow of saliva supporting a reconstruction that the deceased was in a hanging posture at the time the death occurred. SEQUENTIAL HYPOTHESIS 5 Petechial hemorrhage in the tip of the protruding part of tongue bitten between the teeth supports death in hanging posture.

Reconstruction Protruding tongue bitten between the teeth and the presence of petechial hemorrhage with contusion in the tip of the tongue support death occurring in hanging posture. Point to note Petechial hemorrhage in the protruding tip of the tongue has to be observed when the body is fresh. Delay in examining the scene will lead to drying up and darkening of the protruding part of the tongue rendering the petechial hemorrhages unrecognizable. For color illustrations of petechial hemorrhage, see Cases 4–2 and 4–3. SEQUENTIAL HYPOTHESIS 6 The cobweb entangled in the scalp hair of the victim supported ascent of the head of the victim to a level sufficient to gain contact with the cobweb and thatch dust collected in the sloped inner part of the thatched roof. The cobweb entangled in the scalp hair of the victim does not support the ascent of the head of the victim merely to reach the level seen in the hanging posture as would happen when elevating the body after tying the noose on the neck to simulate hanging. Observed premises Cobweb interspersed with thatch dust was found entangled in the scalp hair (white arrows in Figures  4.6 and 4.8). Similar cobweb was seen collected underneath the sloped thatched roof above the cot. Accepted (major) premises Trace evidence transfer occurs during contact (Locard’s principle) (Saferstein, 2019). Cobweb

Cases of Death by Hanging

35

the vertical flow of urine along the axis of the body that included the leg and the downwardly inclined dorsum of the foot terminating in the little toe (arrows in Figure  4.9 and its enlargement Figure 4.10). Accepted (major) premises Discharge of feces, urine, and semen is frequently observed in cases of death by suffocation but is found also in connection with numerous other causes of death, as a result of smooth muscle sphincters relaxing due to an increase of reflex activity in the convolution stage of suffocation (Eisenmenger and Gilg, 2003; Gilbert et al., 2008). Such discharge of urine is possible only if urine has accumulated in the bladder (Eisenmenger and Gilg, 2003). Study of video footings of filmed hangings by the Working Group on Human Asphyxia (WGHA) (Sauvageau et al., 2011) indicated the onset of decerebration or decortication in about 19 to 38 seconds after FIGURE 4.8  Cobweb interspersed with thatch dust seen entangled in the scalp hair (white arrows).

and thatch dust are trace evidence that transfer due to contact. Ascent of the victim’s head when standing on the cot would lead to the contact of her scalp hair with the cobweb collected underneath the roof. Reconstruction Cobweb in the scalp hair supported the ascent of the victim’s head toward the roof to an extent at which her scalp hair contacted the cob-­web collected underneath the thatched roof. The theory that the victim’s body was elevated after making the noose on the neck for simulating hanging fails to account for the transfer of cobweb and thatch dust onto the scalp hair of the deceased. SEQUENTIAL HYPOTHESIS 7 Downwardly drained stains of urine observed along the leg in situ in hanging posture supported death occurring in that posture. Observed premises Downward stains of urine observed in situ in hanging posture indicated directionality in

FIGURE 4.9  Downward stains of urine along the leg (arrow) in situ in the hanging posture of the body—an observable evidence.

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Crime Scene Investigation and Reconstruction

SEQUENTIAL HYPOTHESIS 8 Downward track of bloodstain supported a) death in hanging posture and b) consistency in the vertical posture of the body during hanging. Observed premises Downwardly draining stains of blood issuing from the vagina and running along the inner aspect of the right thigh (Figure  4.11) indicated directionality supporting draining of blood driven by gravity commensurate with the hanging posture. Accepted (major) premises

FIGURE 4.10  Directionality in the vertical flow of urine as observable evidence. Note the course of the urine track along the downwardly inclined dorsum of the foot terminating in the little toe (arrows).

a) Bleeding from vagina in females and seminal discharge in males occur in death by hanging (Eisenmenger and Gilg, 2003). However, draining of such body fluids is not equable to voiding urine that is initiated by the onset of damage to the cortex. b) Blood and body fluids draining from wounds run vertically down along the axis of the body (Knight, 1997).

hanging (Sauvageau, 2009). Cortical impairment is known to lead to loss of control of the striated muscles of the sphincter mechanism (Gray, 2006). Reconstruction The directionality in the urine stains indicated the flow of incontinent urine driven by the gravitational force after the toes pointed downward, i.e., when the body had already attained the freely hanging state. The presence of incontinent urine and its downward direction supported brain damage to have occurred in the hanging posture. Point to note Incontinent urine may not be readily detectable when it wets the cloth and gets absorbed or when the urine collected on the floor dries up. A  practical suggestion is to look for wetness in the cloth of the victim or for the smell of urine in the clothes and the scene. Urinary incontinence has not been described in studies on agonal sequences in filmed hanging in which copious salivary discharge has been described.

FIGURE 4.11  Downwardly drained stain of

blood along the inner aspect of the right thigh.

Cases of Death by Hanging

Reconstruction Observed premise does not support death in hanging posture, while it would support the inference that the vaginal bleeding has occurred in the hanging posture of the body.

The consistency in the course of the blood track would not support reconstruction of the manner of death. It can merely indicate that the body had not been moved after the blood escaped from the vaginal orifice.

TABLE 4.1  Negations and Corroborations Based on the Sequential Hypotheses and the Corresponding Reconstructions Prioritized in Accordance to their Probative Value Reconstructions based on observations on the dead body in the scene

Reconstructions based on the observations on the circumstances in the scene

1. Protruding tongue bitten between the teeth and the presence of petechial hemorrhage with contusion in the tip of the tongue corroborate the reconstruction that death had occurred in hanging posture (Sequential hypothesis 5).

1. Reconstruction based on the victim’s height and the height of the cot corroborates the possibility for the outstretched hands of the victim to reach the rafter (for tying the ligature material) (Sequential hypothesis 1).

2. The downward directionality in the free and copious flow of saliva in conformity with gravity evidenced by the dried track of saliva corroborates the reconstruction that the posture of the body at the time of death was vertical (hanging) (Sequential hypothesis 4).

2. The sliding-type knot with a single loop on the point of origin in the bamboo rafter negates the proposition of pulling the body upward and then making the knot on the rafter. It rather corroborates the possibility that the knot in the point of origin had been made first followed by the knot on the neck (Sequential hypothesis 2).

3. Vertically downward directionality in the course of the incontinent urine corroborates brain damage preceding death to have occurred in the hanging posture (Sequential hypothesis 8).

3. The location of the sliding-type knot on the neck beneath the bun of hair and the lack of cragginess in the hair style corroborate the possibility that knot had been made by the victim herself (Sequential hypothesis 3).

4. The downward directionality in the course of the 4. The cobweb entangled in the scalp hair corroborates blood track would not be of any value in reconstructhe elevation of victim’s head toward the roof to tion except that it merely corroborates the escape of such an extent that the head contacted the cobweb blood from the vaginal orifice while the body was in in the sloped roof. This inference negates the theory hanging posture (Sequential hypothesis 9). that the victim’s body was elevated merely to the noose level on the neck for simulating hanging (Sequential hypothesis 6).

Conjoined reconstruction Crime scene reconstruction supports the primary hypothesis that the manner of death is suicidal hanging and does not support simulating hanging following murder. Autopsy findings were consistent with death by hanging.

Postscript In this case, the brother of the deceased, citing previous motive, averred that some known individuals murdered the victim and hung the body to simulate suicide. The fact that the observations enumerated before have all been recorded immediately during the initial investigation itself enabled in clarifying that the allegation leveled by the brother of the deceased was unsustainable.

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Crime Scene Investigation and Reconstruction

CASE 4–2: A CASE OF ASSISTED HANGING THE CASE Three individuals were found dead hanging freely from three ceiling fans in their house (Figures 4.12–4.14). PRIMARY HYPOTHESIS The manner of death was suicidal hanging with assistance by a mediator, possibly one among the victims. ALTERNATIVE HYPOTHESIS The manner of death was homicide simulating suicidal hanging. SEQUENTIAL HYPOTHESIS 1 The elaborate arrangements for extending the ligature material to tie the legs to maintain them elevated above the floor level in two individuals suggested third-­party assistance for hanging. Observed premises a) In two of the dead bodies, the legs were seen flexed at the knee by extending the ligature material to tie the ankle and lift it off the floor level; furthermore, the contrivance for elevation was not found near these hanging bodies (Figures 4.12 and 4.13).

FIGURE 4.13  Similar to Figure 4.12, observable evidence suggesting assistance during the hanging of the male individual is additional cloth used for tying the leg in the flexed posture and the absence of contrivance for elevation.

b) In all the hanging bodies, two or more clothes had been used to make the ligature and knot (Figures 4.12–4.14). c) An iron tripod stool was seen lying near the third dead body in which the legs, although bound with an extended portion of cloth, were not seen flexed (Figure 4.14).

FIGURE 4.12  Observable evidence suggesting assistance during the hanging of the female individual is additional cloth used for tying the leg in the flexed posture and the absence of contrivance for elevation.

Accepted (major) premises a) Binding of body parts has been known in hanging victims (Shkrum and Ramsay, 2007). Tying both the legs with the knee in flexed state and maintaining the legs above the floor level are impossible by the victims’ own efforts. b) In hanging cases, the ligature material is usually single but may vary (Shkrum and Ramsay, 2007). c) The presence of the object for elevation, the metal stool, near one victim whose legs were not flexed indicated the possibility for that victim to have mediated

Cases of Death by Hanging

Ecchymosis in the tip of the tongue bitten between the teeth supports death in hanging posture. Observed premises a) The cloth used as ligature material was broad and was found looped twice around the neck, one horizontal and the other oblique (Figures  4.15 and 4.16). Correspondingly, the broad and shallow ligature marks on the neck were also horizontal (gray arrows in Figures  4.17 and 4.18) and oblique (white arrows in Figures  4.17 and 4.18). On one victim, the oblique ligature mark along the mandible and neck appeared contused (white arrow in Figure 4.17), the pattern corresponding to the flexed state of the head seen in the hanging posture (Figure 4.15). b) The tip of the tongue bitten between the teeth revealed petechial hemorrhages (seen in Figure 4.19 with an enlargement in Figure 4.20).

FIGURE 4.14  In the case of the female individual shown, the presence of tripod stool nearby and the lack of flexing of the legs form observable evidence supporting voluntariness during hanging. The possibility that this individual assisted the hanging of the previous two individuals is seen to be supported.

the process of hanging for the two other victims before hanging herself using the metal stool for gaining elevation to hang from the ceiling fan. Reconstruction The victim near whom the iron stool was found was the last to use the stool to hang after possibly mediating and assisting the other two victims. SEQUENTIAL HYPOTHESIS 2 The horizontal ligature mark in addition to the oblique mark on the neck can be due to additional circular looping of the ligature material around the neck.

FIGURE 4.15  Note the course of the cloth used

as ligature material—it was looped twice around the neck, one horizontal and the other oblique.

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Crime Scene Investigation and Reconstruction

FIGURE 4.18  In conformity with the course of

the ligature on the neck shown in Figure 4.16, the broad ligature mark on the neck was both circular (gray arrow) and oblique (white arrow).

FIGURE 4.16  In the case of this deceased also,

the ligature material was looped twice around the neck, one horizontal and the other oblique.

FIGURE 4.19  Petechial hemorrhages on the tip of

the tongue bitten between the teeth offer observable evidence in death by hanging.

FIGURE 4.17  In conformity with the course of

the ligature on the neck shown in Figure 4.15, the broad ligature mark on the neck was both circular (gray arrow) and oblique (white arrow), the oblique mark revealing a contusion in the angle of the mandible.

FIGURE 4.20  An enlarged view of the petechial hemorrhages on the tip of the tongue.

Cases of Death by Hanging

Accepted (major) premises

Reconstruction

a) The ligature can be wound multiple times round the neck, and red or pink neck marks suggest an antemortem hemorrhage which may simply be owing to squeezing of blood postmortem. However, abrasions and contusions adjacent to the furrow are suspicious of homicidal strangulation (Shkrum and Ramsay, 2007). Contusions indicate antemortem causation (Dix, 2000). b) Ecchymosed tip of the tongue with petechiae is a characteristic ante-­ mortem sign in death by hanging (Mason, 1993; Saukko and Knight, 2004b).

The ligature is known to be wound multiple times in hanging and with corresponding horizontal ligature mark caused by the circular looping of the ligature material round the neck in addition to the oblique ligature with the noose canting up at the location of the knot. Ecchymosed tip of the tongue supports death in hanging posture. Conjoined reconstruction Sequential hypotheses 1 and 2 support the primary hypothesis that the manner of death was suicidal hanging with mediation by one individual to assist the other two individuals in the process of hanging.

CASE 4–3: HANGING WITH WRISTS BOUND THE CASE A male individual was seen partially hanging on a wooden pole in a construction site (Figure 4.21) with both of his hands held at the back and bound with a rope (Figure 4.22). The feet rested on the floor. Subsequent to the initial investigation, further enquiries were initiated during which course the photographs and case records were referred to this author for opinion. PRIMARY HYPOTHESIS Binding the wrists at the back and the apparent lack of an object for elevation to make the knot pointed to the involvement of another individual and hence caused suspicion. ALTERNATIVE HYPOTHESIS Binding the wrists at the back is possible by the deceased himself, and the nearby brick wall could have offered the elevation for the deceased to make the knot. SEQUENTIAL HYPOTHESIS 1 The knot on the wrist held at the back could be made by the deceased himself, and the petechial hemorrhage in the protruding tongue supports death in hanging posture.

FIGURE 4.21  A  male individual seen partially

hanging on a wooden pole.

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Crime Scene Investigation and Reconstruction

FIGURE 4.22  The hands of the deceased are seen held at the back and bound with a rope. Note the loose nature of the knot and the lengthy ends of the rope—observable evidence supporting accessibility for the victim to manipulate the rope.

Observed premises a) The knot binding both the wrists at the back appeared loose in an enlarged view (Figure  4.22) and was seen located on the outer aspect of the wrist with the two long free ends of the rope hanging downward. The SOCO who examined the scene immediately had also recorded that the knot was loose. a) The tongue was seen protruding with petechial hemorrhage (Figure  4.23). In addition, the SOCO who examined the scene immediately had observed and recorded dribbling of saliva from the mouth. Accepted (major) premises a) Victims are known to bind themselves by tying their hands so as to preempt attempts to escape during hanging. Such bindings are usually loose and can be easily released (Taylor, 1873; O’Hara, 1956; Shkrum and Ramsay, 2007). Long free ends in the rope toward the

FIGURE 4.23  Petechial hemorrhages on the tip of the tongue bitten between the teeth that form observable evidence in death by hanging.

palmar surface (Figure  4.23) indicated accessibility for the victim to manipulate the rope with the fingers. b) Petechial hemorrhage in protruding tongue is a vital sign suggesting death in hanging posture (Mason, 1993; Saukko and Knight, 2004b). Salivary dribbling noted by the SOCO immediately in the scene also supports death in hanging posture (Davis, 1980; Mant, 1986; Sauvageau and Racette, 2007) Reconstruction Binding of limbs with loose knots has been known to happen in hanging victims. Petechial hemorrhage in protruding tongue is a vital sign in death by hanging, and dribbling of saliva also supported death in hanging posture. SEQUENTIAL HYPOTHESIS 2 The brick and concrete structures in the scene could have offered the elevation required for the deceased to make the knot on the point of origin.

Cases of Death by Hanging

Observed premises a) The measurements of the brick wall and other concrete structures in the scene were obtained (Figure 4.24a). b) An experiment was conducted using a live model to assess the possibility to make the knot on the wooden pole when using the brick wall as an object for elevation (Figure 4.24b). Accepted (major) premises a) When an individual sits on the brick wall that was 1.16 m high, the extended hands can reach the height corresponding to that of the wooden pole in the scene to make the knot at the point of origin with a ligature of calculated length of about 0.61 m (Figure 4.24b). b) A  ligature of initial length of about 0.61  m is consistent with the estimated ligature length of about 0.87  m in the hanging posture (Figure 4.24a).

FIGURE 4.24a  Sketch incorporating the mea-

surements of the brick wall and other structures in the scene.

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Reconstruction An individual of the estimated height of the deceased can reach the wooden pole and make the knot in the point of origin when resting on the brick wall, and the length of the ligature seen in the hanging posture is consistent with a ligature that can be made while resting on the wall and sliding from there to attain the hanging posture. Conjoined reconstruction Victims of hanging are known to bind parts of the body, especially the wrists, to preempt attempts to escape. Petechial hemorrhage in the tongue, a vital sign and salivary dribbling supported death in hanging posture. The measurements of the brick and concrete structures in the scene and the estimated height of the deceased are consistent with the postulation that the deceased could have used the brick wall to gain the elevation to make the knot in the point of origin of the ligature and then must have slid down from there

FIGURE 4.24b  Sketch depicting the measurements

obtained during a live model experiment supporting the access of the model to make the knot on the wooden pole.

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Crime Scene Investigation and Reconstruction

to attain the hanging posture seen in the photograph. The possibility of suicide by hanging is supported. Postscript The posture of the hanging body, especially the manner the hands were tied together, caused suspicion, and a news report appeared in the press strengthening such suspicion. The SOCO who visited the scene immediately had observed and recorded dribbling of saliva, protrusion of the tongue with bluish discoloration, and the knot on the wrist as not so tight that the victim himself could have made it. The SOCO had also found a hand-­written note implying a depressed state of mind. The autopsy

findings were consistent with death in hanging posture although the hyoid bone had been preserved for histopathological analysis to identify fractures, if any. The observations illustrated earlier and the sequential hypotheses enumerated relating to the ecchymosed tip of the tongue and the lengthy ends of rope on the wrist reaffirmed the possibility of suicidal hanging as the manner of death. In addition, experiments conducted on the basis of the measurements of the brick and concrete structures in the scene and the estimated height of the deceased supported the proposition that the victim could have gained accessibility to make the knot on the wooden pole to accomplish the act of hanging.

CASE 4–4: A PARTIALLY HANGING BODY WITH URINARY TRACK THE CASE A male individual was seen partially hanging from a tree (Figure 4.25). The deceased was last seen engaged in a quarrel with another individual, and the posture of hanging with the legs supported on the bund of the tank was considered suspicious.

FIGURE 4.25  A  male individual seen partially hanging on a tree with the knees flexed.

PRIMARY HYPOTHESIS The flexed posture of the legs and the unecchymosed ligature mark did not support death by hanging. ALTERNATIVE HYPOTHESIS The flexed posture of the legs and the unecchymosed ligature mark still supported death by hanging. Observed premises a) The body was seen supported on the slope of the bund of a tank with both the knees partially flexed (Figure 4.25). b) Downwardly drained tracks of urine stains observed in situ along the legs indicated directionality of flow of urine commensurate with the partially flexed state of the knees of the body in the hanging posture (arrows in Figures 4.26 and 4.27). c) The ligature material was a cloth with the knot on the right side (Figure 4.28). The ligature mark was broad and unecchymosed on the left side of the neck (arrow in Figure  4.29), while on the right side the mark was absent (Figure 4.30).

Cases of Death by Hanging

FIGURE 4.28  The ligature material was a cloth,

and the knot was seen canted upward.

FIGURE 4.26  Downward tracks of urine stains observed in situ along the legs. Note the directionality of flow of urine (arrows) which conforms to the partially flexed state of the knees of the body in the hanging posture.

FIGURE 4.29  The ligature mark was broad and

unecchymosed on the left side of the neck (arrow).

FIGURE 4.27  Downward tracks of urine stains

along the rear part of the legs also conform to the flow of urine (arrows) after the legs have attained the flexed state.

FIGURE 4.30  Note the absence of ligature mark on the right side of the neck of the deceased, the side in which the canted-­up knot was seen.

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Crime Scene Investigation and Reconstruction

Accepted (major) premises a) Suspension from low levels is possible in cases of death by hanging (Taylor, 1873; Polson et  al., 1985; Shkrum and Ramsay, 2007). Usually, incomplete suspension is an indication of suicide as a murderer will strive to achieve complete suspension (O’Hara, 1956). b) Regarding the downwardly drained track of urine stains, the same set of Accepted (major) premises mentioned for Figures 4.9 and 4.10 in Case 4–1 remain applicable. b) Unecchymosed ligature marks are indicated as common when the ligature

material is broad (Taylor, 1873; Shkrum and Ramsay, 2007). Conjoined reconstruction Suspension at low level has been shown to be possible in death by hanging. The directionality of the track of incontinent urine suggests brain damage and death to have occurred after the knees attained the flexed posture. Unecchymosed mark on the neck can be caused when the ligature material is broad. The alternate hypothesis that the flexed posture of the legs and the unecchymosed ligature mark still supported death by hanging is seen to be sustained.

CASE 4–5: CADAVERIC SPASM IN A FREELY HANGING BODY THE CASE A male individual was found dead freely hanging on a tree clasping a tree branch (Figures 4.31 and 4.32). PRIMARY HYPOTHESIS Clasping the branch indicated cadaveric spasm, a phenomenon occurring during the onset of sudden death. ALTERNATIVE HYPOTHESIS Clasping the branch indicated unusual posture leading to suspicion. Observed premises a) The left hand of the victim was clasping a branch of the tree with the thumb and index fingers on one side and the other three fingers on the other side (Figure 4.32). b) The ligature material was a coir rope (Figure 4.31), and the ligature mark was narrow and deep (arrow in Figure 4.33). Accepted (major) premises a) In sudden and violent death, either the body as a whole or in part goes into a state of instant rigidity termed ‘cadaveric

FIGURE 4.31  A male dead body found hanging on a tree. A coir rope has been used as ligature material.

Cases of Death by Hanging

spasm’ superseding the general rule of primary flaccidity of skeletal muscles (Dix and Graham, 2000; DiMaio and DiMaio, 2001; Shkrum and Ramsay, 2007; Fierro, 2013). b) The furrow in the ligature mark deepens when the ligature material is thin (Shkrum and Ramsay, 2007) and when the duration of hanging is longer. Conjoined reconstruction Clasping the branch with the hand that is flexed at the elbow and thus maintained against gravity indicated that instant rigidity viz. cadaveric spasm had occurred in that hand and fingers when the victim was holding the branch while still alive and thus supported the primary hypothesis. Cadaveric spasm is known to occur in death by hanging. The deep and narrow ligature mark is due to the narrow ligature material, the coir rope.

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Note Compare the ligature mark caused by a rope (Figure 4.33) with the broad and shallow ligature mark caused by cloth material (Figure 4.29).

FIGURE 4.33  Deep furrow in the ligature mark

on the neck, a characteristic commensurate with the thin ligature material, the coir rope.

FIGURE 4.32  The left hand of the victim, flexed at the elbow, was seen clasping a branch of the tree. Note the thumb and opposed fingers index fingers gripping for maintaining the posture of the hand against gravity, observable evidence supporting the onset of instant rigidity on that hand.

FIGURE 4.34  A female dead body seen partially

hanging on a tree with both the hands clasping a branch—right side view.

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Crime Scene Investigation and Reconstruction

CASE 4–6: CADAVERIC SPASM IN A PARTIALLY HANGING BODY THE CASE A female individual was found hanging on a tree in a kneeling posture with both the hands clasping the branch (Figures 4.34 and 4.35). PRIMARY HYPOTHESIS Clasping the branch indicated cadaveric spasm, a phenomenon occurring during the onset of sudden death. ALTERNATIVE HYPOTHESIS Clasping the branch indicated unusual posture leading to suspicion. Observed premises Both the hands were seen clasping the tree branch. The right (Figure  4.34) and left hands (Figure 4.35) were both seen held upward maintaining the hold against gravity although the two elbows remained unsupported. Accepted (major) premises In sudden and violent death, either the body as a whole or in part goes into a state of instant rigidity termed ‘cadaveric spasm’ superseding the general rule of primary flaccidity of skeletal muscles (Dix and Graham, 2000; DiMaio and DiMaio, 2001; Shkrum and Ramsay, 2007; Fierro, 2013). Conjoined reconstruction If primary flaccidity had intervened, the skeletal muscles of the two hands would have lost the tone leading to downward sagging of the hands in tune with gravity. The hands clasping the branch at a higher elevation and maintaining against gravity without any support for the elbows indicated that cadaveric spasm in the two

FIGURE 4.35  Left-­side view of the dead body in

kneeling posture. Note the interlocked state of the fingers of the hands and the hands being maintained upward against gravity, observable evidence supporting cadaveric spasm. hands occurred when the victim was still clasping the branch—an observation that supported the primary hypothesis that the manner of death was hanging. Note Cases 4–5 and 4–6 illustrate that cadaveric spasm has to be observed and recognized only when the dead body still remains in situ in the crime scene. See Section 4.4.3 of Discussion later in the chapter for more details on cadaveric spasm.

CASE 4–7: PERSONAL CLOTHING AS SOURCE FOR LIGATURE MATERIAL THE CASE A male individual was seen dead hanging with the legs supported on the ground (Figure  4.36)

and with tracks of bloodstains on the legs (arrow in Figure  4.37). The partially hanging posture and the bleeding on the legs were considered to be suspicious.

Cases of Death by Hanging

PRIMARY HYPOTHESIS Legs supported on the ground and the presence of bloodstains raised suspicion on the manner of death. ALTERNATIVE HYPOTHESIS Deriving the ligature material from his own clothing and free flow of saliva supported suicide by hanging.

FIGURE 4.36  A partially hanging male individual. Note the clenched fingers.

Observed premises a) The ligature (Figure 4.38) was a portion of cloth torn from the lungi worn by the deceased, and, unusually, the lungi worn by the deceased was seen to be adjusted and tucked in between the legs (arrow in Figure 4.39). b) On unbuttoning the shirt (Figure 4.40), multiple trickled tracks of saliva were seen on the bare chest (white arrows in Figure  4.41 and in the close-­ up of Figure 4.42) along with skin erosion that did not reveal effusion of blood (black arrows in Figure 4.41 and in the close-­up of Figure 4.42).

FIGURE 4.37  Multiple tracks of bloodstains on

the leg (arrow) (adapted from Jayaprakash, 2006 with permission from JFI).

FIGURE 4.38  Note the similarity in the designs on the cloth used as the ligature material and the lungi worn by the deceased seen in Figure 4.39.

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Crime Scene Investigation and Reconstruction

FIGURE 4.41  View of the multiple tracks of saliva on the chest (white arrows) along with skin erosion (black arrow) (adapted from Jayaprakash, 2006 with permission from JFI).

FIGURE 4.39  Note the tucked-­ in state of the

lungi (arrow) worn by the deceased.

FIGURE 4.42  Close-­up view of the salivary track

(white arrow) along with skin erosion caused by ants (black arrow). Note the absence of effusion of blood in the skin erosions (black arrow) (adapted from Jayaprakash, 2006 with permission from JFI).

FIGURE 4.40  On unbuttoning the shirt, skin erosions and salivary tracks are seen on the chest of the deceased.

Accepted (major) premises a) Deriving the ligature material from victim’s own clothing and adjusting the remaining part of the costume by tucking it in between the legs suggest suicidal act.

Cases of Death by Hanging

b) Free flow of saliva supports death by hanging (Davis, 1980; Mant, 1986; Sauvageau and Racette, 2007). The presence of multiple tracks of bloodstains from skin erosions in the dependent part, the legs, and their absence in the skin erosions in the upper chest region support that the skin erosions are of postmortem nature and caused by ants. Conjoined reconstruction Multiple tracks of saliva supported continued and copious dribbling of saliva alongside the increase in the tilt of the head due to the knot located on the side of the neck. Deriving the ligature from own clothing and adjusting the clothing supported suicidal act. The presence of bloodstains in the legs and their absence in the chest supported postmortem ant bite as the cause for skin erosions and consequent effusion of blood from the areas

of hypostasis. The alternative hypothesis viz. suicidal hanging is supported. Postscript Oftentimes, bloodstains on a dead body that remain unaccounted for cause suspicion, and such bloodstains typically include those observed in hanging dead bodies. A study of the patterns of these bloodstains in the dead body in situ in the scenes can enable attributing them to postmortem skin erosions caused by ants, a phenomenon frequent in tropical countries. In this case, the observation that the ligature material has been derived from the lungi worn by the deceased and that the lungi has then been adjusted by tucking it in between the legs offered evidence indicating the voluntary involvement of the deceased himself in these acts. Pertinently, Taylor (1873) observed that the strongest evidence of foul play in hanging cases can be found in the attitude and state of the dress of the dead body.

CASE 4–8: CONFUSION IN A HANGING DUE TO BLOODSTAINS THE CASE A male individual was hanging dead with the feet resting on the ground with bloodstains underneath the feet (arrows in Figures 4.43 and 4.44). The location of the knot in front of the chin (Figure  4.45) and the presence of bloodstains in the body (Figure  4.46) led to suspicion and reinvestigation. PRIMARY HYPOTHESIS Death is possible when the knot is in front of the neck, and the profuse bloodstains in the gluteal region of the dead body can be due to postmortem skin erosions caused by ants. ALTERNATIVE HYPOTHESIS Death is not possible when the knot is in front of the neck, and the profuse bloodstains in the gluteal region of the dead body can be indicative of antemortem injuries—a cause for suspicion. Observed premises a) A wooden foldable chair was seen behind the hanging body (Figure 4.43).

b) The knot was in front of the chin, and the trachea was not compressed (Figures 4.43 and 4.45). Salivary dribbling was absent. c) The skin revealed erosions caused by ants. The skin erosions in the neck were pale devoid of bloodstains (arrow in Figure 4.45) while the effusion of blood was profuse from the skin erosions in the gluteal region (Figure  4.46). Ants were seen crawling on the dead body. Accepted (major) premises a) The wooden foldable chair seen behind the body could have offered the elevation required for the deceased to reach the rafter on the roof to tie the ligature knot. b) Death in hanging posture occurs due to pressure on jugular vein and/or carotid artery that requires a weight of as low as 2 kg or 2.5 to 10 kg, respectively (Shkrum and Ramsay, 2007). This is possible even when the knot is in front of the chin. Saliva does not dribble out when the head is tilted backward. c) Effusion of blood due to ant erosions occurs due to damages to the capillaries.

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The absence of effusion of blood in the neck region indicates lack of hypostasis in the elevated neck region when the ants eroded the skin. Effusion of blood in the gluteal region indicates hypostasis in the lower region when the skin was eroded by the ants (Jayaprakash, 2006). Conjoined reconstruction A chair, the object for providing the elevation to reach the rafter to tie the knot, is available in the scene. Death by hanging has been shown as

FIGURE 4.44  Enlarged view showing the bloodstains below the feet resting on the floor (arrow) (adapted from Jayaprakash, 2006 with permission from JFI).

FIGURE 4.43  A  hanging dead body with the soles resting on the floor with bloodstains on the floor (arrow) (adapted from Jayaprakash, 2006 with permission from JFI).

possible when the knot is in the front of the neck. Recognizing ant erosions as the cause for bleeding in regions of hypostasis in the lower region of a dead body in situ in the crime scene leads to the reconstruction that body had been in hanging position when the ants invaded the body and eroded the skin. It is noted that hypostasis-­based possibility for bleeding from post-­mortem skin erosions would only clarify the cause for bleeding and would not shed light on the manner of death. Here, the reconstruction supported the primary hypothesis that death is possible when the knot is in front of the neck and clarified the confusion caused by the presence of blood in the dead body. Postscript The observations relating to the circumstances in the scene of hanging and especially the profuse

Cases of Death by Hanging

FIGURE 4.45  Ant erosions in the elevated neck

region (arrow) evidencing the lack of effusion of blood (adapted from Jayaprakash, 2006 with permission from JFI).

effusion of blood from the skin erosions in the gluteal region and the lack of bleeding from the skin erosions in the neck region were all observed and recorded immediately during the initial crime scene investigation. The reconstruction accounting for the bloodstains was also incorporated

FIGURE 4.46  The same dead body shown in Figures 4.43 and 4.45 evidencing profuse effusion of blood from skin erosions caused by ants in the lower gluteal region, indicating hypostasis (adapted from Jayaprakash, 2006 with permission from JFI).

into the request letter to the medical doctor when seeking autopsy. Such immediate recording of the scene observations enabled clarifying averments speculating foul play during subsequent reinvestigations.

CASE 4–9: WRONGFUL ACCUSATION IN A CASE OF DEATH BY HANGING THE CASE A girl studying in 11th standard was found dead hanging in her hut. Bloodstains were found on the floor below the place where the body was hanging (Figure 4.47) and also in the upper thigh region of the victim (arrow in Figure 4.48) and on the foot (arrow in Figure 4.49). Signs of decomposition such as effusion of blood from the nose and mouth appeared by the time the postmortem examination was conducted (Figure  4.50).

The laymen witnesses construed the hanging as postmortem and believed that the victim had been raped, strangled to death, and then hanged. The presence of profuse bloodstains on the floor confused the investigation, and, on the production of some circumstantial evidence due to the interference by a local communal organization, four males were arrested on the charge of rape and murder and were remanded to judicial custody. During the course of reinvestigation, the

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investigation officer sought further opinion from this author on the basis of the available photographs and records. PRIMARY HYPOTHESIS The bloodstains in the scene and on the leg can be due to postmortem skin erosions caused by ants. ALTERNATIVE HYPOTHESIS The bloodstains in the scene and on the thigh can be due to antemortem injuries caused during sexual assault.

FIGURE 4.47  Profuse bloodstains on the floor in the place where the female individual was found dead hanging (adapted from Jayaprakash, 2006 with permission from JFI).

Observed premises a) Profuse bloodstains were seen on the floor in the crime scene (Figure 4.47). b) The downwardly directed bloodstain on the thigh originated on the skin surface of the thigh and not from the vagina (arrow in Figure 4.48). c) The tracks of bloodstain in the foot were downwardly directed with crazed pattern (arrow in Figure 4.49). d) The surface of the sole along the periphery evidenced bloodstains (Figure  4.49) that were contiguous with the tracks of bloodstains on the side of the foot indicating that the sole had been in contact

FIGURE 4.48  Irregular downward track of bloodstain in the upper thigh of the victim (arrow). Note the origin of the stain from the thigh itself (adapted from Jayaprakash, 2006 with permission from JFI).

Cases of Death by Hanging

FIGURE 4.51  View of the face of the same victim

shown in Figures  4.48 and 4.49 enlarged from a photograph taken immediately in the scene showing ant erosions in the eyelids and around the eyes (arrows). Absence of bleeding from these skin erosions is due to the elevated level of head in hanging posture (adapted from Jayaprakash, 2006 with permission from JFI).

FIGURE 4.49  Multiple downward tracks of

bloodstains on the side of the foot of the victim (arrow). Note the crazed pattern. Bloodstains along the periphery of the sole indicate contact with the floor surface where the effused blood had collected (adapted from Jayaprakash, 2006 with permission from JFI).

FIGURE 4.50  Photograph of the same dead body shown in Figures  4.48 and 4.49 taken on the day of autopsy. Note the signs of decomposition leading to postmortem discharge of bloody fluid from the nose and mouth.

with the floor where the effused blood had collected. e) When the face of the victim was enlarged, skin erosions were seen on the outer aspect of the eyelids while effusion of blood was absent (arrows in Figure 4.51). Accepted (major) premises a) Ants cause postmortem skin erosions (Spitz and Fisher, 1980; Polson et  al., 1985; Gordon et al., 1988; Mant, 1997; Byrd and Castner, 2001). b) Ant erosions on the skin can lead to bleeding when they are located in areas of hypostasis (Jayaprakash, 2006). c) When a dead body evidencing bloodstain patterns caused by ants is moved, the original posture of the body can be deduced by orienting the flow in the pattern of the bloodstains in tune with gravity (Jayaprakash, 2006; Gunn, 2009). d) Blood effusing from skin erosions caused by ants obeys the rule of gravity and thus flows downward collecting below on the floor and staining the sole. e) Skin erosions located in higher areas such as on the face in a hanging body do not reveal the evidence of effusion of blood due to lack of hypostasis (Jayaprakash, 2006). Conjoined reconstruction The effusion of blood in the thigh can be a postmortem artifact caused by ants. The absence of

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bleeding in the ant erosions in the facial region and the downwardly oriented crazed pattern of bloodstains along the axis of the body in the foot and bloodstains in the sole support that the body had been in a hanging posture while hypostasis and the ant erosions occurred. The profuse bloodstain on the floor could be attributed to the skin erosions caused by the ants in the areas of hypostasis in the legs. The primary hypothesis is supported, and the bleeding is explainable as due to post-­mortem artifact. This case exemplifies a situation where the signs of decomposition have further compounded the confusion caused by the presence of unaccounted bloodstains in the scene. Postscript The observations relating to the bloodstain patterns described from photographs taken of the aforementioned scene have not been recorded immediately during the initial investigation. Consequently, the bloodstains in the scene and on the dead body remained unaccounted for both during the initial investigation and during

the autopsy, by which time the body had further decomposed. During the postmortem examination, the medical doctor observed that the deceased would have died about 36 to 40 hours earlier and that the deceased had ‘hymen torn’ and ‘hyoid bone fractured’ and opined that ‘she had been subjected to sexual intercourse prior to death’. The medical doctor clarified that the opinion on subjecting the deceased to ‘sexual intercourse’ was based on the finding that the vagina of the deceased admitted two fingers easily during the postmortem examination. The presence of bloodstains in the scene was the major ground for guesstimating foul play and construing the case as one of rape and murder resulting in wrongfully accusing four individuals as suspects. However, the reconstruction described earlier made during the further investigation duly accounted for the postmortem nature of the bloodstains in the scene as well the dead body and thus clarified the confusion in the manner of death leading to the release of the detained suspects See Section 4.4.5 of the Discussion section given later in the chapter for more information on skin erosions caused by ants.

CASE 4–10: ADDITIONAL ANTEMORTEM INJURIES IN A CASE OF HANGING THE CASE A male individual was found dead hanging on a tree. There were bleeding injuries in the abdomen and scrotum. PRIMARY HYPOTHESIS Self-­inflicted wounds may be found in cases of death by hanging. ALTERNATIVE HYPOTHESIS The injuries could be due to violence hence causing suspicion. Observed premises a) A  ligature mark (Figures  4.52–4.54) ending obliquely behind the right ear (arrow in Figure  4.53) was seen, and salivary discharge was observed from the tilted angle of the mouth (arrow in Figure 4.54).

b) Downward tracks of dried bloodstains were seen from two superficial incised wounds, one in the scrotum (Figure 4.55) and another in the abdomen (white arrow in Figure 4.56). c) The cloth (inner wear) corresponding to the incised injury in the abdomen did not reveal any damage although blood had soaked the cloth from the inner side (black arrows in Figures 4.55 and 4.56). d) A  bloodstained razor blade was found inside the shirt pocket of the victim. The blade surface revealed a patterned imprint in bloodstain (white arrows in Figure 4.57A) which was similar to that of the weave pattern of the shirt worn by the deceased (white arrows in Figure 4.57B). In addition, fragmentary ridges of fingerprint that did not reveal sufficient area for comparison were also seen (black arrow in Figure 4.57A). The fingers of the victim revealed dried bloodstains.

Cases of Death by Hanging

FIGURE 4.54  View of the horizontal ligature FIGURE 4.52  View of the ligature mark on the

front of the neck.

FIGURE 4.53  View of the oblique ligature mark on the right side of the neck.

Accepted (major) premises a) The ligature mark supports hanging, and the salivary discharge is characteristic of death by hanging (Davis, 1980; Mant, 1986; Sauvageau and Racette, 2007). b) The superficial incised wounds in hanging individuals may have been produced by the person himself before hanging (Taylor, 1873; Shkrum and Ramsay, 2007). c) The absence of cuts or damages in the cloth atop the injury in the abdomen

mark (arrow) on the left side of the neck. Note the downward track of saliva (arrow) from the mouth.

FIGURE 4.55  Downward tracks of dried bloodstains from the scrotum. Note the absence of damages on the cloth (inner wear) corresponding to the incised injury in the abdomen (black arrow).

suggested lifting away the cloth when inflicting the injury—an observation supporting self-­infliction of the injury. d) Weave pattern in clothes gets transferred to contacting objects in the presence of liquid residue such as blood, and thus the presence of bloodstains in the fingers of the victim and the razor blade supports the proposition that the razor blade had been placed inside the pocket by the victim himself.

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FIGURE 4.56  Incised wound on the abdomen (white arrow). Note the bloodstains on the inner surface

of the cloth (black arrow) contacting the wound on the abdomen.

FIGURE 4.57A  Close-­ up photograph of the

razor blade found inside the shirt pocket of the victim showing the weave pattern of the cloth impressed on the bloodstains (white arrow) along with fragmentary finger ridges (black arrow). Conjoined reconstruction The salivary discharge and the nature of the ligature mark supported death by hanging. The absence of damage in the inner wear suggested self-­infliction of the incised injury in the abdomen. The bloodstained razor blade with weave

FIGURE 4.57B  Close-­up photograph of the weave

pattern of the cloth worn by the deceased (arrow). pattern of the shirt that was found inside the shirt pocket of the victim supported contact of the shirt material with the bloodstained razor blade while the blood was still wet facilitating the transfer of the weave pattern of the shirt as imprint evidence on the razor blade. The primary hypothesis that the injuries are self-­inflicted is supported, and the external signs supported death by hanging.

Cases of Death by Hanging

CASE 4–11: CONFUSION DUE TO IMPROPER SCENE INVESTIGATION THE CASE A female individual had been found hanging dead from the ceiling fan hook in a first floor room. Averring foul play on the basis of discrepancies in the measurements made in the scene, failure to describe the objects such as stool etc. to reach the fan hook and that a knot located in front of the chin and lack of salivary dribbling were unlikely in hanging, the mother of the victim approached the court twice seeking fair investigation. The investigation officer undertaking reinvestigation sought the services of the author to reconstruct the occurrence.

maintaining the relationship with the patterns on the floor. By recording the measurements of the live model, the maximum height of the victim was estimated to be 165 cm (a limitation was the unknown extension of the neck of the victim due to hanging). ii) Estimating the ligature length Estimated length of the ligature material was 120 cm when based on measurements of the crime scene (Figure 4.60) and 117.5 cm when attempted

PRIMARY HYPOTHESIS Ligature knot in front of the neck, the lack of salivary discharge, the possibility to latch the door from outside, and the failure to describe the objects such as stool etc. to reach the fan hook during the initial investigation support the hanging to be a simulation. ALTERNATIVE HYPOTHESIS Ligature knot in front of the neck, the lack of salivary discharge, the possibility to latch the door from outside, and the failure to describe the objects such as stool etc. to reach the fan hook during the initial investigation are improprieties accountable by appropriately reconstructing the scene and thus may still support death by hanging. Among others, the plan for reconstruction included steps i to v as given here: i) Estimating the height of the victim using a photograph taken during the initial investigation During the initial investigation, the victim had been laid on the floor in a location indicated by witnesses (Figure  4.58) and had been photographed (Figure  4.59). The victim’s head, leg, etc., seen in the photograph in Figure 4.59 were studied for their relationship with the patterns in the flooring such as the joining lines between two marble slabs and the pattern of grains in the slab surface. A  live model was allowed to lie on the floor in a posture corresponding to the posture of the victim seen in the photograph and also

FIGURE 4.58  Aerial view sketch of the scene

house indicating the location where the victim’s body was laid and photographed during the initial investigation. The joining lines of the marble slabs are also shown. The room where the victim was seen hanging is shown as ‘scene of crime’.

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FIGURE 4.59  Photograph of the dead body on the marble floor taken during the initial investigation. Note the joining lines of the marble slabs.

by photogrammetric method (Figures  4.61 and 4.62). In the latter method, the images in Figures 4.61 and 4.62 were both proportionately enlarged, a reduction factor was calculated for the image of the victim based on the estimated height of the victim arrived at as mentioned earlier, and the same factor was applied for calculating the length of the rope. The average whole number 119 cm was arrived at as the estimated length of the rope excluding the length of the knotted part and the noose. A rope of similar length was used for experimentally arriving at the extent of stretch when hanging a weight estimated to be similar to that of the victim. iii) Possibility to latch the room from outside It was found possible to reach the inside latch of the door to the room by inserting a stick through the window—where the latch to window distance was 1.47 m (Figures 4.60 and 4.63). It was also found that the latch could be manipulated and

opened or closed using the stick inserted through the window. iv) Possibility for death to occur when the ligature knot was in front of the chin The finding of the ligature knot in front of the neck (Figure 4.64) with mark of the knot under the chin (Figure  4.65) may appear infrequent. Authors note that the point of suspension in hanging is usually at the side of the neck, but suspension does occur from the front, which results in a horizontal furrow on the back of the neck (Shkrum and Ramsay, 2007) or in a circular mark as the lower jaw prevents the ligature from rising upward (Taylor, 1873). When the knot is in front of the neck, the head would be flexed backward hindering dribbling of saliva from the mouth. v) Feasibility for the victim to reach the fan The feasibility for the victim to reach the fan hook was studied on the basis of the measurements made in the crime scene and the estimated

Cases of Death by Hanging

FIGURE 4.60  Sketch of the scene incorporating the measurements of the objects available along with the estimated height of the victim.

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FIGURE 4.61  Photograph of the hanging body

taken during the initial investigation. height of the victim. A  diagrammatic sketch (Figure  4.66) was prepared applying the estimated measurements to the actual measurements of the table, chair, and the ceiling in the crime scene to illustrate the feasibility for the victim to reach the fan hook. The ceiling fan that was found on the floor of the room was refitted in the fan hook in the ceiling. A live model, a woman of similar height estimated for the victim, was used to verify the feasibility to reach the fan hook, and the demonstration was video recorded. While standing on the table top, the model was able to extend her arm (C to A  in Figure  4.66) and remove the nut but could not remove the bolt of the ceiling fan. When the model was allowed to climb onto the cane chair that had been placed atop the table, she could reach the bolt and nut of the ceiling fan and remove the fan. The table and the cane chair were material objects that had been recorded in the photograph Figure 4.61

FIGURE 4.62  Photograph showing the ligature origin in relation to the body taken during the initial investigation.

which had been taken while the dead body was still hanging in situ in the scene. Negations and corroborations based on the sequential hypotheses listed in the order of their probative importance during reconstruction: a) The inner latch in the door in the scene can be reached and fastened from outside through the northern window by inserting a sufficiently long stick. b) Considering the estimated length of the rope, there is a strong probability that the victim could have been freely hanging in the initial stage in which death ensued. The atypical or partial state of hanging seen in the photograph taken during the initial investigation can be attributed to the descent of the body due to stretching of the ligature material consequent to hanging.

Cases of Death by Hanging

FIGURE 4.65  The ligature mark underneath the

chin seen in the photograph taken during the initial investigation.

FIGURE 4.63  Photograph illustrating the possibility to reach the inner latch of the closed door when inserting a stick through the window.

c) The location of the knot in front of the chin is indicated as an infrequent but as a possible feature during death by hanging. Lack of salivary dribbling is explainable as a consequence of the head getting tilted backward by the knot located in front of the chin. d) The reconstruction based on the initially taken photographs, measurements made in the scene, and the live model simulation study indicate possibilities for a person (of the stature of the deceased) to reach the fan hook level and accomplish the act of hanging in the room where the dead body was found. The live model simulation was videographed. Conjoined reconstruction The alternative hypothesis that ligature knot in front of the neck, the lack of salivary discharge, the possibility to latch the door from outside, and the failure to describe the objects such as stool etc. to reach the fan hook during the initial investigation are improprieties accountable by reconstructing the scene, and thus death by the hanging is seen to be sustained. Limitations in the reconstruction The following are the limitations in the reconstruction suggested before.

FIGURE 4.64  The location ligature knot in front of the chin and canted upward.

i. The rope used for the hanging experiment in the laboratory is not the same rope used by the victim. It was informed that the rope in which the body was

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FIGURE 4.66  Diagrammatic sketch illustrating the feasibility for a live model of victim’s estimated stature to access the fan hook.

found hanging had not been recovered during the initial investigation. ii. The ropes used in the experiment in the laboratory, both the new one and the old one, are prone to elongate differently. There is no clue as to whether the rope used by the deceased for hanging was a new or used one, and it is impossible to surmise the precise extent of elongation of the rope used for hanging.

iii. The knots in the experiment in the laboratory are of single and slipping type. There is no information on the type and number of knots in the coir rope in which the body was hanging. For double knots, the elongation would be more. iv. The elongation factor relating to the noose has not been established as the neck circumference could not be equaled during the hanging experiment.

Cases of Death by Hanging



v. The extent of elongation of the neck could not be calculated as cadaver experiment could not be conducted. However, neck is known to elongate during hanging. vi. The extent of elongation of the body as a whole consequent to primary flaccidity, although a known phenomenon, cannot be calculated experimentally. vii. Measurements of body proportions are known to vary among the different individuals of the same sex, and the measurements of the live subjects employed in this study cannot be claimed as being equal to those of the victim.

Postscript This case exemplifies a situation wherein improprieties in crime scene investigation such as measurement discrepancies, failure to describe the objects such as stool etc. which could offer elevation to make the knot, and failure to describe and recover the ligature material cumulatively prompted averring homicide and then staging it as hanging. The reconstruction described before ruled out homicide and established that the deceased committed suicide, and, based on other circumstantial evidence, the husband of the deceased was charged for willful conduct which had driven the deceased to commit suicide.

CASE 4–12: HOMICIDE SIMULATED AS HANGING (1) THE CASE A male individual aged about 65 years was found dead hanging in sitting posture inside a shed (Figures  4.67 and 4.68). The ligature material included a dhoti and a towel that had been knotted together. PRIMARY HYPOTHESIS Incommensurable directionality in the tracks of bloodstains from the nose indicated that the

FIGURE 4.67  A  male individual seen dead in

partially hanging posture.

body had been moved from another posture to the hanging posture—which is an example supporting homicide. ALTERNATIVE HYPOTHESIS Although the body is supported on the floor, death could still have occurred due to hanging. Observed premises a) There were two tracks of bloodstains from the nose—one running downward in tune with gravity and also corresponding to the hanging posture of the dead body (black arrows in Figures 4.69 and 4.70) and the other running sideward (white arrow in Figure 4.70). b) Sand particles were seen sticking on the face, scalp, and shirt which were collected using a brush. Loose soil outside the shed revealed evidence of disturbance, and a sample was collected. Accepted (major) premises a) The directionality of the track of body fluids in dead bodies can be useful in indicating the movement of the body (Gordon et al., 1988; Jayaprakash, 2006). b) Soil particles adhering to the head, face, and the body are a sign indicating struggle or movement of the body. The control soil collected from outside the shed was compared for suggesting origin.

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FIGURE 4.68  Sketch of the scene showing the relevant measurements.

FIGURE 4.70  On bringing down the dead body,

apart from the downward track of bloodstain (black arrows), the presence of an additional track of bloodstain running sideward (white arrow) offered observable evidence supporting movement of the body prior to the hanging posture. FIGURE 4.69  A downward track of bloodstain

(arrow) which was in tune with the hanging posture as well as gravity.

Conjoined reconstruction The downward directionality in the bloodstain indicated effusion and flow of blood from the

Cases of Death by Hanging

nose conforming to gravity in the hanging posture of the body. The sideward directionality in the bloodstain running toward the left ear indicated that the body had been in supine position prior to moving it to the hanging position. Hanging was a simulation of suicide, and the posture of hanging is secondary following the supine posture.

Similarity between the soil collected from the deceased and the soil from outside the shed supported that the body had been moved from outside the shed. The primary hypothesis supporting homicide was seen to be sustained. Autopsy findings were consistent with strangulation as the manner of death.

CASE 4–13: HOMICIDE SIMULATED AS HANGING (2) THE CASE A female individual was found dead hanging in the standing posture inside her house (Figure  4.71). The body indicated evidence of decomposition.

PRIMARY HYPOTHESIS The disordered dress and craggy hairdo supported simulation of hanging.

FIGURE 4.71  A female individual seen hanging dead in a standing posture inside her house.

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b) The steel wire used as the ligature had been twisted on itself in the point of origin (Figure  4.73). After forming the noose on the neck, the other end had been twisted around the wire at the back of the head (Figure 4.74). The hair of the deceased was seen to be disheveled and caught in the twists of the steel wire on the back of the neck (Figure 4.74).

FIGURE 4.72  View of the disordered state of the dress and the craggy hairdo.

Accepted (major) premises a) The strongest evidence of homicide (in hanging cases) is often found in the attitude and state of the dress of the dead body (Taylor, 1873). b) Ruffling of the hair in the knot on the neck is suspicious (Shkrum and Ramsay, 2007) and suggests the involvement of external agencies in making the knot. Conjoined reconstruction The disordered state of the dress, the ruffled hair, and the twisted wire to form the knot on the back of the neck entangling the hairs indicated the hanging to be a staged one to simulate suicidal hanging. Autopsy findings were consistent with throttling as the cause of death. The primary hypothesis supporting homicide simulated as hanging was seen to be sustained.

FIGURE 4.73  The twisted state of the steel wire in the point of origin.

ALTERNATIVE HYPOTHESIS Death by hanging is possible using metal wire as ligature material. Observed premises a) The disordered dress exposing the body indicated evidence of struggle (Figures 4.71 and 4.72).

FIGURE 4.74  The twisted state of the steel wire at the back of the head in the midst of disheveled hair.

Cases of Death by Hanging

CASE 4–14: ATTEMPT TO REVIVE A HANGING VICTIM—FROTHY DISCHARGE THE CASE A female individual was found dead in lying position with frothy discharge from her nostrils (Figure 4.75). In the scene, a coir rope was found tied to the roof with a cut end (white arrow in Figure 4.76) along with a cut piece of rope lying on the floor (black arrow in Figure 4.76).

PRIMARY HYPOTHESIS Frothy discharge from nostrils can result due to orally administered water entering into the lungs when trying to save hanging victims who are immediately ‘cut down’ by witnesses. Ligature mark may not be prominent on the neck of such victims. ALTERNATIVE HYPOTHESIS Frothy discharge from nostrils, an indication unrelated to death by hanging, causes confusion.

FIGURE 4.75  A female individual found dead in

a lying posture with frothy discharge from the nostrils.

FIGURE 4.76  Coir rope with a cut end (white

arrow) found tied to the roof in the scene house along with a cut piece of rope lying on the floor (black arrow).

Observed premises a) Frothy discharge similar to that found in cases of drowning was seen from the nostrils (Figure 4.75). b) The piece of rope on the floor revealed a cut end (white arrow in Figure  4.77) and a slip type knot (black arrow in Figure 4.77). The cut end could be joined with the cut end of the coir hanging from the roof (arrow in Figure 4.78) to reconstruct the noose (arrow in Figure 4.79). c) A  faint ligature mark was seen on the neck of the victim (Figure 4.80).

FIGURE 4.77  The piece of rope on the floor

with a cut end (white arrow) and a slip type knot (black arrow).

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FIGURE 4.80  Faint ligature mark (white arrow) FIGURE 4.78  Enlarged view of the cut end

on the neck of the victim.

(white arrow) in the rope hanging on the roof.

Accepted (major) premises a) Frothy discharge occurs in cases of death by drowning (Shepherd, 2003) and is also possible when the water orally administered to save a gasping victim enters into the trachea and then the lungs. b) Reconstruction of the noose by matching the cut ends of the coir rope indicates that the ligature had been cut. c) The ligature mark on the neck is absent if a person is promptly “cut down” from hanging position (Shkrum and Ramsay, 2007).

FIGURE 4.79  Reconstruction of the noose by

joining the two cut ends using a thread (white arrow).

Conjoined reconstruction The reconstructions that the ligature had been “cut down” and water had been administered in an attempt to revive the victim were corroborated by the witnesses when they were prompted during examination. The primary hypothesis that the victim was hanging and then was “cut down” was supported.

Cases of Death by Hanging

CASE 4–15: A CASE OF SELF-­STRANGULATION THE CASE A female individual was found dead lying on her back (Figure 4.81). A piece of cloth was seen encircled around her neck with a half knot in front (Figure 4.82), and the cloth was similar to the saree worn by the victim.

PRIMARY HYPOTHESIS The possibility of suicide by self-­ strangulation cannot be excluded. ALTERNATIVE HYPOTHESIS The possibility of homicide by strangulation cannot be excluded.

FIGURE 4.81  A female dead body lying on its back.

FIGURE 4.82  A  piece of cloth seen encircled

around the neck with a half knot in front.

FIGURE 4.83  Sign of lividity (white arrow) in the finger tips in contact with the ground.

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Observed premises a) The finger tips in contact with the ground revealed signs of lividity (white arrows in Figure 4.83). b) On removal of the saree tucked inside the hip of the victim, the saree revealed torn edges (‘A’ in Figure 4.84) the surface designs of which corresponded with the surface designs on the torn edges of the piece of cloth found around the neck of the victim (‘B’ in Figure 4.84). Accepted (major) premises a) Lividity indicated prolonged contact of the fingers on the ground. b) A  ligature simply looped around the neck or with a single or double knot can cause death (Camps, 1968; Polson et al., 1985; Shkrum and Ramsay, 2007), and the correspondence in the surface designs between two objects is considered to be indirect physical matching (De Forest et  al., 1983). The manner the saree had been worn by tucking the torn portion inside the hip indicated the voluntariness of the victim in arranging the saree. Conjoined reconstruction It is known that a ligature encircling the neck can cause death. The source of the ligature material,

a piece of cloth torn from the saree of the victim, and the manner the torn end of the saree had been tucked inside the hip of the victim when wearing supported the involvement of the victim and the possibility of self-­strangulation and suicide. Autopsy findings were consistent with death due to asphyxia. The primary hypothesis that the manner could be suicide by self-­strangulation is seen to be sustained.

FIGURE 4.84  Pattern correspondence between the torn edges as well as the surface designs on the saree worn by the deceased (‘A’) and the piece of cloth found around the neck of the victim (‘B’).

CASE 4–16: SELF-­STRANGULATION USING A TOURNIQUET THE CASE A male individual was found dead in the supine posture with plastic string round his neck and knotted on to a piece of about 12.5  cm long stick located inside the cervico-­ mental  angle (Figures  4.85 and 4.86). On flexing the head backward, the plastic string was found knotted on to the stick and twisted multiple times beneath the knots (Figure 4.87). The manner the plastic strings were knotted to the stick is shown in Figure 4.88. PRIMARY HYPOTHESIS It is possible for the victim himself to make the tourniquet and commit suicide.

FIGURE 4.85  Dead body of a male with plastic string round the neck and knotted on to a piece of stick.

Cases of Death by Hanging

FIGURE 4.86  The location of the string and the stick inside the cervico-­mental angle.

ALTERNATIVE HYPOTHESIS It is possible for another individual to make the tourniquet and strangulate the victim. Observed premises a) Two ends of a pair of plastic strings were found knotted onto the middle part of the wooden stick (Figures  4.87 and 4.88), and the strings had been twisted multiple times tightening the wires as a tourniquet around the neck. b) The location of the knots was on the middle of the stick. When examining the body, the chin obstructed untwisting the stick as the space in the cervico-­ mental angle did not permit rotating the stick to release the twists. The strings had to be cut and removed from the neck along with the stick. Accepted (major) premises a) Tourniquet mechanism wherein the ligature is applied with several turns and knotted on the neck has been indicated as presumptive of suicide (Camps, 1968; Polson et al., 1985).

FIGURE 4.87  View of the plastic string knotted

and twisted on to the stick on flexing the head backward.

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Crime Scene Investigation and Reconstruction

c) The location of the knot in the middle of the stick measuring about 12.5  cm indicated that twisting the stick necessarily required voluntary flexing of the head of the victim backward for permitting the ends of stick to turn multiple times within the cervico-­ mental angle during the act of twisting it. Conjoined reconstruction Accomplishing tourniquet mechanism in the cervico-­mental  angle requires voluntary action of the victim and thus is presumptive of suicide. The inaccessibility for another individual to twist the stick within the cervico-­mental angle except when flexing the head backward reinforced voluntary act by the victim supporting the manner to be suicide by self-­strangulation.

4.4 DISCUSSION 4.4.1 Myths and Facts Relating to Observations in Hanging Scenes

i. Myth: When persons hang themselves, it is not possible to die when the body weight is supported on the floor. Fact: In hanging, asphyxia is not only rapidly induced, but it also supervenes under unexpected circumstances such as when the body is in great part supported (Taylor, 1873; Polson et al., 1985; Dix, 2000). ii. Myth: In hanging, it is not possible to die when ligature does not compress the trachea such as when the knot is located underneath the chin. Fact: In hanging, unconsciousness and death occur due to the compression of jugular vein and carotid artery which require only about 2 kg to 10 kg respectively while compression of trachea requires about 15 kg weight (Polson et  al., 1985; Shkrum and Ramsay, 2007). Whether ligature presses the trachea or not, the jugular vein and carotid artery would be compressed since the ligature necessarily passes along the sides of the neck. iii. Myth: A freely hanging body continues to be freely hanging. Fact: A freely hanging body would continue to be lowering due to multiple factors such as tightening of the ligature knots (one in the origin and the other on the neck), the

FIGURE 4.88  The plastic string and the stick after removal from the neck.

stretching of the ligature material because of the weight of the body as well as the stretching of the neck muscles. iv. Myth: Binding of the hands or legs in a hanging dead body indicates homicide. Fact: Victims are known to bind wrists or legs with duct tapes, cords, etc., and such bindings are not necessarily indicative of homicide. Usually, these bindings are loose and can be easily released (Taylor, 1873; Shkrum and Ramsay, 2007). v. Myth: Bruises in arms or legs indicate foul play. Fact: Bruises in arms (in front) and legs (at the rear) occur due to the contact with nearby objects because of convulsions that occur in about 15 seconds after hanging (Sauvegeau and Racette, 2007). vi. Myth: In hanging bodies, blood clots after death and thus would not effuse when postmortem injuries occur. Fact: Blood continues to remain liquid longer in asphyxial deaths (citation of Professor John Glaister in the Dr. Ruxton case and Taylor by Gordon et al., 1988; Eisenmenger and Gilg, 2003) and profusely effuses when capillaries are damaged (Jayaprakash, 2006). 4.4.2 Variations in Knots, Ligature Materials, and Ligature Marks Authors have pointed out that knot analysis can assist in the determination of manner of death

Cases of Death by Hanging

(Spitz, 1993; Busuttil, 2003). It should therefore be ensured that any ligature is cut in a manner such that the knot can be examined and the ligature reconstructed as it was on the decedent (Busuttil, 2003) (see case 4.14). Knots are to be examined both in the origin and on the neck. Shkrum and Ramsay (2007) indicate the predominance of slipknot (sliding knots) (69.5%) over fixed knots (8.6%) and just looping of the ligature (10.5%) in an Australian study. The ligature knot on the neck is more often found on the side (Figures 4.5, 4.28, 4.31, 4.38) but may also be located in front under the chin (Shkrum and Ramsay, 2007) (Figures  4.45, 4.64) or more toward the back of the neck (Figure  4.13). When the knot is in front and is located underneath the chin, the head would be flexed backward, a situation wherein saliva would not dribble out. In the point of origin, a single circle of the ligature material with a sliding type of knot (Figure 4.4) suggests that it has been made prior to the suspension of the body. On the neck, it is usual to find a single loop of the ligature (Figures  4.5, 4.28, 4.38). Occasionally, the ligature may be found looped more than once (Taylor, 1873; Shkrum and Ramsay, 2007) such as one horizontal and the other oblique (Figure  4.16) creating corresponding looking ligature marks on the neck (Figure 4.18). Deriving the ligature material from the clothing of the victim (Figures 4.38 and 4.39) supports suicidal act. Typically, the ligature mark on the neck runs horizontally on the side opposite to that where the knot is situated (Figure  4.52) and runs obliquely upwards on the side of the neck where the knot is situated (Figure  4.53). The oblique ligature mark would reveal an interruption on the neck as the noose is canted up in the region of the knot leading to a gap between the ligature mark and the suspension point viz. the knot on the neck (Payne-­James et  al., 2011). The prominence of ligature mark depends on the ligature material and the length of the time the body remains suspended. When the ligature material is narrow such as a rope and the length of time the body remained hanging is also longer, the mark is narrow and deep (Figure 4.33), while a broad ligature material produces a wide and shallow appearing ligature mark (Figures 4.17, 4.18, 4.52). The ligature mark may be faint even when a rope is used (Figure 4.80) or even be absent if a person is promptly “cut down” from hanging posture in an attempt to save life (Shkrum and Ramsay, 2007). In some instances, the neck can be protected by padding underneath and interposed between the ligature and the neck.

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Victims are known to bind themselves by tying their wrists and/or legs so as to preempt attempts to escape during hanging. Such bindings are usually loose and can be easily released (Shkrum and Ramsay, 2007). 4.4.3 Cadaveric Spasm—Its Relevance in Crime Scene Reconstruction In some cases of sudden and violent death, the general rule of primary flaccidity of skeletal muscles immediately following death is broken, and instead, the body, either as a whole or in part, goes into a state of rigidity termed cadaveric spasm. Glaister (1915) notes that “Nothing can simulate instantaneous rigor or cadaveric spasm and it cannot be produced by any method after death”. Mason (1993) also concurs that cadaveric spasm cannot be simulated after death and adds that it is, therefore, of considerable value in the differential diagnosis between suicide and homicide. Recognizing that cadaveric spasm has medicolegal importance because it records the last act of life, Camps (1968) observed that cadaveric spasm is the characteristic which cannot be simulated by ordinary rigor even if the hand is bound round the weapon until rigor mortis is re-­established. Evidently, cadaveric spasm is recognizable only in the crime scene, and, once the position of the dead body is altered, any further examination such as during autopsy would not enable the identification of cadaveric spasm. Photographs of the dead body taken in situ in crime scene would form the only evidence to effectively portray the phenomenon of cadaveric spasm. An acceptable instance of cadaveric spasm would be invaluable as it demonstrates the posture of the victim at the moment of death literally profiling the final act of the victim. In the opinion of this author, any observable evidence in a dead body in situ in the crime scene supporting the onset of skeletal muscle rigidity preceding primary flaccidity of muscles would be diagnostic of cadaveric spasm. Once cadaveric spasm sets in, the skeletal muscle in the concerned part of the body would not sag in consonance with the forces of gravity—such as elevated posture of a hand holding a tree branch (Figure 4.32) or both the hands clasping a tree branch (Figures 4.34 and 4.35) in bodies that are hanging. Obviously, in both the aforementioned cases, primary flaccidity had failed, and instead instant rigidity had set in freezing the final acts of the victims as shown by the positioning of the arms—observations that demonstrate the manner of death as hanging.

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Cadaveric spasm had been heavily debated— the German forensic literature rejecting it and the British literature supporting it (Pirch et  al., 2013). Those who accept cadaveric spasm include Dix and Graham (2000), DiMaio and DiMaio (2001), Shkrum and Ramsay (2007), and Fierro (2013). Among those rejecting cadaveric spasm, some are vociferous (Tsokos, 2005; Bedford and Tsokos, 2013), while some others are moderate (Saukko and Knight, 2004; Gill, 2013). Saukko and Knight (2004a) believe that in most cases, early normal rigor could have supervened leading to misreporting as cadaveric spasm. Indicating the lack of pathophysiological support for instant rigidity, Bedford and Tsokos (2013) suspect manipulation in cases where razor or soap had been found held in the hands of cadavers but concede that electrocution-­ related deaths can have the hand-­grasping electrical cord in a typical grasp reflex response to the electrical stimulus. In response to the aforementioned criticisms, this author’s views are that: i) it is impossible to manipulate cadaver hands in a state elevated against gravity, and yet grasping objects as seen in Figures  4.32, 4.34, and 4.35 since intervention of rigor mortis, even assuming it to be early as believed by Saukko and Knight (2004a), would not preclude sagging of arms in tune with gravitational force, a phenomenon that is fairly well recognized (Dix and Graham, 2000); ii) Bedford and Tsokos (2013) have not considered body postures antithetical to the influence of gravity when diagnosing cadaveric spasm, and iii) interestingly, the criticism on manipulating the scene (Bedford and Tsokos, 2013) that may appear relevant in cases of death involving injuries due to firearms would not sustain in the cases of hanging such as those described here (Cases 4–5 and 4–6) as such make-­believe cadaveric spasm has no known benefit in cases of death by hanging. At the end, the lack of pathophysiological support for instant rigidity would not qualify to reject the observable fact that instant rigidity is still occurring on specific circumstances of death. As such, the SOCOs are advised to follow the gravity-­based logic for diagnosing cadaveric spasm since missing the diagnosis of cadaveric spasm may mislead the investigation (see also Cases 9–1 and 9–3). 4.4.4  Lesions in Limbs in Hanging Cases Injuries in hanging bodies are likely to cause suspicion. Lacerated-­type injuries seldom occur in victims of hanging, and when such injuries are seen,

the circumstances will have to be considered suspicious. Studies on filmed hangings have shown that abrasions and bruises are possible in hanging victims. These studies demonstrated that asphyxia by hanging is associated with convulsions and other body movements related to phases of decerebrate and decorticate rigidity (Sauvageau et  al., 2007). In this regard, Sauvageau et al. (2009) studied 207 cases of death by hanging and found limb abrasions in 31.9% of cases and bruises in 19.8%. Limb bruises were mostly seen in victims hanging in restrained areas such as staircases, and these lesions were less frequent when hanging occurred in open areas such as a park. In hanging cases, the bruises, when found, were mostly located on the posterior part of upper limbs, especially on the right arm, and on the anterior aspect of lower limbs. However, in 52% of the total of 69 victims of homicidal strangulation, bruises were seen on both the anterior and posterior aspects of both the upper and lower limbs. Importantly, the location of bruises has to be interpreted with reference to the objects in the accessible vicinity in the scene since bruises occur during the movement of the limbs in the phases of decerebrate and decorticate rigidity. The SOCOs must observe the external injuries immediately in the scene and record the circumstances that might explain the injuries since such interpretations would not be possible once the body is moved. 4.4.5 Significance of Ant Erosions in Skin During Investigation In the absence of injuries on the bodies, evidence of bloodstains in dead bodies and crime scenes can cause confusion leading to speculations that may mislead the investigation. Traditionally, studies on the postmortem artifacts on dead bodies due to insect activities have focused on necrophagous insect activities relevant for estimating time since death (Anderson, 1995; Rodriguez, 1997; Haskell, et  al., 1997; Byrd and Castner, 2001; Greenberg and Kunich, 2002). While ants have been shown to erode the skin in dead bodies (Spitz and Fisher, 1980; Polson et al., 1985; Gordon et al., 1988; Mant, 1997; Byrd and Castner, 2001; Saukko and Knight, 2004a), it has also been found that ant erosions on the skin in dead bodies, when located in areas of hypostasis, can lead to effusion of blood confusing investigation processes (Jayaprakash, 2006). Ant erosions and subsequent bleeding in dead bodies have been found in cases of death by hanging, poisoning, and other asphyxia modes such as throttling. When the ants erode the superficial skin

Cases of Death by Hanging

layer of cadavers, effusion of blood results from the erosions, the predisposing factor being the presence of hypostasis in the area underlying the skin erosion. In as much as livor is not readily recognizable in heavily pigmented victims, it is suggested that recognizing the presence of bleeding from ant erosions can be diagnostic of the presence of hypostasis, even when it is otherwise inconspicuous. The absence of bleeding from ant erosions in the elevated regions of the hanging dead bodies is indicative of the absence of hypostasis. For instance, in a vertically suspending dead body (Figure 4.43), ant erosions in the elevated neck region appeared as pale irregular patches without evidence of effusion of blood (Figure 4.45) while ant erosions in the gluteal region of the same dead body revealed extensive effusion of blood (Figure 4.46) indicating the presence of hypostasis in the gluteal region. Ants belong to the family Formicidae of the class Hymenoptera under the super-­class Pterygota and have well-­developed paired mandibles that can chip off minute pieces of skin causing the characteristic etched erosions in dead bodies. The ant species invading cadavers in south India include the dark brown ant (Iridomymex anceps, Rog.), the brown ant (Solenopsis germinata, Fabr.), the red ant (Monomorium gracillimum, Sm.), and the red tree ant (Oecophylla smaragdina, Fabr.). The ants usually invade areas of soft and moist skin such as in the gluteal region (Figure  4.46), thigh (Figure  4.48), eyelids (Figure  4.51), the mouth, and genitalia. The skin erosions caused by ants may appear as irregular patches of larger size when the surface area of the skin is broader such as in the neck (Figure  4.45) or chest (Figure  4.42) or of smaller sizes when they are around areas such as eyelids (Figure 4.51). The shape of eroded areas may conform to the contour of the already existing superficial abrasions in the areas of ligature marks or the tracks of discharged body fluids such as saliva or blood. When the skin erosions are located in dependent regions of the dead body, bleeding from ant erosions can be profuse (Jayaprakash, 2006). The extensive nature of such bleeding is attributed to the fact that blood continues to be in liquid state postmortem, and, once gravity assists, there is a vast reservoir of blood to drain even through a small incision (Gordon et al., 1988). Eight cases illustrating effusion of blood due to skin erosions caused by ants have been described reiterating the significance of such bleeding during crime scene reconstruction (Jayaprakash, 2006). It is indicated as being obligatory for the SOCOs to consider skin erosions caused by ants as possible source for effusion of blood in

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dead bodies not evidencing patent cutaneous injuries. In such cases, the presence of crawling ants in dead bodies may be particularly observed and recorded. 4.4.6  On the Utility of Fingermarks as Evidence Fingerprint is a classic example of a biological pattern illustrating uniqueness in the spatial relationship between the points in prints derived from the same source (Evett and Williams, 1996; Lee and Gaensslen, 2001) that facilitates individual identification. The conclusion reached on identification during fingerprint comparison is evaluational and thus fundamentally differs from the statistical result arrived when comparing DNA profiles, earlier termed ‘DNA fingerprinting’ (Jayaprakash, 2013). While human-­failures-­related mistakes are known to have occurred in the evaluational process of matching a fingermark obtained from a crime scene with a fingerprint on record, as recognized by Page et al., (2011), these mistakes are not made because someone has a fingerprint, identical to someone else in the world. In general, the terms ‘mark’ or ‘fingermark’ refer to those impressions left unwittingly and by chance at crime scenes, while the terms ‘prints’ or ‘fingerprints’ describe inked impressions recorded by police from arrested persons (Leadbetter, 2005). Fingermarks in crime scenes offer evidence which permits individualization leading to conclusive attribution of origin to an individual who, in the circumstances of the case on hand, may turn out to be one among the suspects. In cases of hanging, fingermarks of the deceased, either latent or on dust residue, on objects used to tie the ligature such as ceiling fan would support the hypothesis that the victim only made the ligature knot. The fingermarks found in crime scenes may be of three types: i) those that are visible to naked eye evaluation termed ‘visible prints’ caused by say, removal of dust due to contact by a finger or deposition of such residues as bloodstains from the finger, ii) those three-­dimensional prints that are impressed by the fingers on a soft medium such as wax or soap termed ‘plastic prints’, and iii) those termed ‘latent prints’ that are generally not patent during visual inspection but can be developed by special techniques. Latent prints are commonly left inadvertently by burglars and thus have acquired popularity as being evidence to connect with offenders known to commit burglaries, whose specimen fingerprints made in ink during earlier arrest are maintained

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in Finger Print Bureau for ready comparison. Consequently, the application of fingerprint as evidence has become more popular in volume crimes such as house breaking burglaries, shoplifting, and theft from cars. It would be seen that these are the crimes in which recidivism is very high—in India, about 75% of recidivists pertain to offenders relating to burglaries. Dictated by the growing demand for identifying fingermarks of recidivists from volume crime scenes, the Finger Print Bureau in different parts of the world enhanced their digital ability to store known fingerprints of offenders and to automatically identify the prints lifted from crime scenes. The specialized vocational requirements to develop latent prints from scenes and to compare these prints to generate opinions on identifications led to the developments of Finger Print Bureau in parallel with the development of Forensic Science Laboratories. However, the qualification and training for a Fingerprint Expert distinctly differ from those of a staff from Forensic Science Laboratories. The practice in India and in many other countries elsewhere is that Fingerprint Expert from Fingerprint Bureau and scientific staff deployed as SOCOs from Forensic Science Laboratories visit crime scenes conjointly, an exercise that has been found to be very productive during scene investigations. Throughout this field guide, situations that potentially yield fingermarks, both latent and visible, are indicated so that the SOCOs can recognize the avenues for locating such prints and preserve the scene and the concerned objects for inspection by the Fingerprint Experts. While the expert work relating to developing fingerprints in crime scenes and identifying them subsequently categorically falls under the purview of professionally trained Fingerprint Experts, readers interested in acquiring in-­ depth academic knowledge on fingerprint science may refer to books such as Lee and Gaensslen (2001) and Champod et al. (2004).

REFERENCES Anderson, G. S. The use of insects in death investigations: An analysis of cases in British Columbia over a five year period. Can Soc For Sci J., 28 (4) (1995): 277–292. Bedford, P. J. and Tsokos, M. The occurrence of cadaveric spasm is a myth, Forensic Sci Med Pathol., 9 (2013): 244–248.

Busuttil, A. Scene of crime—The pathologist and others, in Forensic Medicine: Clinical and Pathological Aspects, Payne-­James, J. Busuttil, A. and Smock, W. (Eds.) London: Greenwich Medical Media Ltd, 2003, 49–66. Byrd, J. H. and Castner, J. L. Insects of forensic importance, in Forensic Entomology, Byrd, J. H. and Castner, J. L. (Eds.) Boca Raton, FL: CRC Press, 2001, 43–81. Camps, F. E. Gradwohl’s Legal Medicine, Bristol: John Wright & Sons, 1968. Champod, C. Lennard, C. Margot, P. and Stoilovic, M. Fingerprint and other Ridge Skin Impressions, Boca Raton, FL: CRC Press, 2004. Davis, J. H. Asphyxial deaths, in Modern Legal Medicine Psychiatry and Forensic Science, William, J., Curran, A., McGarry, L. and Petty, C. S. (Eds.) Philadelphia: F.A. Davis Company, 1980, 249–268. De Forest, P. R., Gaensslen, R. E. and Lee, H. C. Forensic Science: An Introduction to Hill, Criminalistics, New York: McGraw-­ 1983. DiMaio, V. J. and DiMaio, D. Forensic Pathology, 2nd ed., Boca Raton, FL: CRC Press, 2001. Dix, J. Colour Atlas of Forensic Pathology, Boca Raton, FL: CRC Press, 2000. Dix, J. and Graham, M. Time of Death, Decomposition and Identification: An Atlas, Boca Raton, FL: CRC Press, 2000. Eisenmenger, W. and Gilg, T. Asphyxia, in Forensic Medicine: Clinical and Pathological Aspects, Payne-­ James, J. Busuttil, A. and Smock, W. (Eds.) London: Greenwich Medical Media Ltd, 2003, 259–274. Evett, I. W. and Williams, R. L. A Review of the Sixteen Point Fingerprint Standard in England and Wales, 1996. Available at: www.thefingerprintinquiryscotland.org.uk/inquiry/files/ DB_0769-­02.pdf. Fierro, M. F. Cadaveric spasm, Forensic Sci Med Pathol., 9 (2013): 253. Gilbert, J. D., Jensen, L. and Byard, R. W. Further observations on the speed of death in hanging, J For Sci,., 53 (5) (2008): 1204–1205. Gill, J. R. Cadaveric spasm, Forensic Sci Med Pathol., 9 (2013): 251–252. Glaister, J. A Text-­book of Medical Jurisprudence and Toxicology, New York: W. Wood and Company, 1915. Gordon, I., Shapiro, H. A. and Berson, S. D. Forensic Medicine: A  Guide to Principles, Edinburgh: Churchill Livingstone, 1988.

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Gray, M. L. Physiology of voiding, in Urinary and Fecal Incontinence—Current Management Concepts, Doughty, D. B. (Ed.) St. Louis, Missouri: Mosby Elsevier, 2006, 21–54. Greenberg, B. and Kunich, J. Entomology and the Law: Flies as Forensic Indicators, Cambridge: Cambridge University Press, 2002. Gunn, A. Essential Forensic Biology, West Sussex: Wiley-­Blackwell, 2009. Haskell, N. H., Hall, R. D., Cervenka, V. J. and Clark, M. A. On the body: Insects’ life stage presence, their postmortem artifacts, in Forensic Taphonomy—The Postmortem Fate of Human Remains, Haglund, W. D. and Sorg, M. H. (Eds.) Boca Raton, FL: CRC Press, 1997, 415–448. Jayaprakash, P. T. Postmortem skin erosions caused by ants and their significance in crime reconstruction, J Forensic Identif., 56 (6) (2006): 972–999. Jayaprakash, P. T. Practical relevance of pattern uniqueness in forensic science, Forensic Sci Int., 231 (1–3) (2013): 403.e1–403.e16. Knight, B. Simpson’s Forensic Medicine, 11th ed., London: Arnold, 1997. Leadbetter, M. J. Fingerprint evidence in England and Wales—The revised standard, Med Sci Law, 45 (1) (2005): 1–6. Lee, H. C. and Gaensslen, R. E. (Eds.). Advances in Fingerprint Technology, Boca Raton, FL: CRC Press, 2001. Mant, A. K. Taylor’s Principles and Practice of Medical Jurisprudence, 13th ed., Edinburgh: Livingstone, 1986. Mant, A. K. Postmortem injuries, in Forensic Medicine: A Study in Trauma and Environmental Hazards, Tedeschi, C. G., Eckert, W. G. and Tedeschi, L. G. (Eds.) Philadelphia: W. B. Saunders, 1997, 1061–1071. Mason, J. K. Forensic Medicine: An Illustrated Reference, London: Chapman and Hall Medical, 1993. Maxeiner, H. and Bockholdt, B. Homicidal and suicidal ligature strangulation—a comparison of the post-­mortem findings, Forensic Sci Int., 137 (2003): 60–66. O’Hara, C. E. Fundamentals of Criminal Investigation, Springfield, IL: Charles C. Thomas, 1956. Page, M., Taylor, J. and Blenkin, M. Uniqueness in the forensic identification sciences—fact or fiction? Forensic Sci Int., 206 (2011): 12–18.

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Payne-­James, J., Jones, R., Karch, S. B. and Manlove, J. Simpson’s Forensic Medicine, London: Hodder Arnold, 2011. Pirch, J., Schulz, Y. and Klintschar, M. A  case of instantaneous rigor? Int J Legal Med., 127 (2013): 971–974. Polson, C. J., Gee, D. J. and Knight, B. The Essentials of Forensic Medicine, 4th ed., Oxford: Pergamon Press, 1985. Rodriguez, W. C. Decomposition of buried and sub-­ merged bodies, in Forensic Taphonomy—The Postmortem Fate of Human Remains, Haglund, W. D. and Sorg, M. H. (Eds.) Boca Raton, FL: CRC Press, 1997, 459–468. Saferstein, R. Forensic Science: From the Crime Scene to the Crime Lab, 4th ed., New York: Pearson Education, 2019. Saukko, P. and Knight, B. Kinght’s Forensic Pathology, London: Hodder Arnold, 2004a. Saukko, P. and Knight, B. Suffocation and asphyxia, in Knight’s Forensic Pathology, 3rd ed., London: Arnold Publishers, 2004b, 352–367. Sauvageau, A., Godin, A., Desnoyers, S. and Kremer, C. Six year retrospective study of suicidal hangings: Determination of the pattern of limb lesions induced by body responses to asphyxia by hanging, J Forensic Sci., 54 (5) (2009): 1089–1092. Sauvageau, A., LaHarpe, R., King, D., Dowling, G., Andrews, S., Kelly, S., Ambrosi, C., Guay, J. P. and Geberth, V. J. Working group on human asphyxia, agonal sequences in 14 filmed hangings with comments on the role of the type of suspension, ischemic habituation, and ethanol intoxication on the timing of agonal responses, Am J For Med Pathol., 32 (2) (2011): 104–107. Sauvageau, A. and Racette, S. Agonal sequences in a filmed suicidal hanging: Analysis of respiratory and movement responses to asphyxia by hanging, J Forensic Sci., 52 (4) (2007). doi: 10.1111/j.1556-­4029.2007.00459.x Shepherd, R. Simpson’s Forensic Medicine, 12th ed., London: Arnold, 2003. Shkrum, J. M. and Ramsay, D. A. Forensic Pathology of Trauma Common Problems for the Pathologist, Totowa: Humana Press, 2007. Spitz, W. U. and Fisher, R. S. Medicolegal Investigation of Death: Guidelines for the Application of Pathology to Crime Investigation, Springfield: Charles C Thomas, 1980.

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Spitz, W. V. Asphyxia, in Medicolegal Investigation of Death: Guidelines for the Application of Pathology to Crime Investigation, Spitz, W. V. (Ed.) Springfield: Charles C. Thomas, 1993, 444–497. Taylor, A. S. The Principles and Practice of Medical Jurisprudence, 2nd ed., Philadelphia: Henry C Lea, 1873.

Tsokos, M. Postmortem changes and artifacts occurring during the early postmortem interval, in Forensic Pathology Reviews, Vol. 3, Tsokos, M. (Ed.) Totowa, NJ: Humana Press, 2005, 183–238.

Chapter

5

Scheme for Investigating Cases of Death due to Traumatic Injuries 5.1 INTRODUCTION In the cases of death due to traumatic injuries, the mode of death as homicide may not be in dispute except when the possibility of self-­infliction predominates. In planned homicides by inflicting traumatic wounds, the assailants may tend to create alibi (Case 5–1) or remove the dead body to hole-­up and decompose leading to the destruction of evidence (Case 5–2). In such instances, crime scene investigation focuses on reconstructing the sequestered events that formed part of the overall crime. Here, crime scene observations may enable the reconstruction of some of the dynamic events such as movements of the assailant (Case 5–1), while physical clues from crime scenes may connect the suspect with the crime (Case 5–1) or connect the place of occurrence with the place of disposal of the dead body (Case 5–2), etc. Obviously, it is impossible to group all cases of homicides due to trauma in one section. As a class, traumatic injuries are caused predominantly by cutting, stabbing, and bludgeoning, the former two mostly characterized by profuse effusion of blood leading to the formation of various types of bloodstain patterns (Cases 5–1 and 5–2), evidence that may aid the crime scene investigator in reconstructing some of the dynamic events relating to the crime.

DOI: 10.4324/9781003267096-5

Considering the significance of bloodstain patterns, the more common patterns expected in traumatic injuries are included in the discussion. In view of the importance of hair as evidence, the variations in the hair shaft caused by different weapons are considered relevant for crime scene investigation. It is also seen that damages caused on clothes play an important role during crime scene reconstruction. These aspects that need to be popularized have also been duly included in the discussion following this chapter. An issue related to premeditated homicides is the way of disposal of the dead body to decompose so that the identity is marred and much of the valuable evidence get disappeared (Cases 5–2 and 5–3). In this regard, the possible use of entomological evidence that may enable estimating the time since death as well as the facilities available for suggesting class-­level identification using bones and individual identification using the skull are also included in the discussion. The methodology prescribed in the flowchart (5.2 Flowchart) and the case illustrations (Cases 5–1 to 5–7) would provide examples for the scientific study of the injuries caused by the common types of weapons and damages caused on clothes as well as the patterns generated by the bloodstains in the crime scene.

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DECOMPOSITION AND IDENTIFICATION ISSUES - Anthropological - Others

BROKEN PIECES OF WEAPON - To be looked for during autopsy by X-ray etc.

DAMAGES IN CLOTHES - Type - Size - Correspondence to injuries

BLOODSTAIN PATTERNS - Location and type - Conformity to posture

HANDS /FINGERS; LEGS/TOES Posture/Flexed/ others - Foreign bodies-hairs - Deposits in nail

EVIDENCE OF - Cadaveric spasm - Rigor mortis - Lividity

OVERALL Prone/supine/others Posture of head and limbs

POSTURE

- Control samples for DNA analysis using FTA card – to be collected by Medical Doctor

CONTROL SAMPLES - Fingerprint - Foot print

FIBER/OTHER TRANFERRED TRACES - As revealed

INJURIES - Accidental cuts - Abrasions-linear - Bite marks etc. – Self-infliction?

BLOODSTAINS - On the exposed skin - On the clothing - On footwear etc.

TRACES IN FINGERNAILS - Deposits in nails

SUSPECT

• Consider injury types, damages on clothes, bloodstain pattern for hypothesizing on victim’s posture. • Consider bloodstain patterns and other imprint and trace evidence when hypothesizing on movement.

CUES FOR RECONSTRUCTION

INDOORS - Entry – evidence - Exit – evidence

WEAPONS - Bloodstains - Hairs, fibers etc. - Damages indicating physical match etc.

BLOODSTAIN PATTERNS - Directionality - Relationship to injuries

ENTOMOLOGICAL EVIDENCE MAGGOTS - Growth stage ANT EROSIONS - With bleeding directionality - Without bleeding

TRACE EVIDENCE SOIL/HAIR/FIBERS - In the scene - On other objects HAIR: Types and damages

BITE/NAIL MARKS - Size & shape

BLOODSTAIN PATTERNS - Type and relation to activities - Cleansed?

EVIDENCE OF STRUGGLE/MOVEMENT - Struggle related drag marks - Transport related - Altered location?

SOC

EXHUMATION

IMPRINT EVIDENCE - Fingerprints/foot prints - Others

- Size, number & direction

- Incised/Cut - Lacerated - Abrasion - Contusion - Defense Injuries

INJURIES

DEAD BODY

OBSERVATIONS

CRIME SCENE

Include measurements wherever possible

- Others

- Foreign objects

- Evidence of disturbances

- Distribution of foot & other imprint evidence

- Blood spatter patterns

HIGHLIGHTS

- Include cardinal directions

OVER-ALL SOC - Ground plan - Elevation view - Isometric view

SKETCH

HANDS /FINGERS - Defense injuries - Hairs & foreign bodies

INJURIES - Incised - lacerated - Abraded - Contused - Bite/nail marks - Ant erosion etc.

EVIDENCE OF - Cadaveric spasm

sideward/others -Bloodstain patterns

OVERALL

-Prone/supine/

OVERALL

SOC

- Others

- Imprint evidence – scaled photos

- Trace evidence

- Entry/exit damages

- Weapon, if any

- Damages on clothes – scaled photo

- Bite marks – scaled photo

- Defense cuts

- Foot / fingerprints/ other imprint evidence –scaled photos

- Bloodstain patterns–scaled photos

- Disturbances

- Dead body-Location & posture

PHOTOGRAPHY

DEAD BODY

5.2  FLOWCHART FOR INVESTIGATING TRAUMATIC HOMICIDES 5.1. FLOW CHART FOR INVESTIGATING TRAUMATIC HOMICIDES

82 Crime Scene Investigation and Reconstruction

Cases of Death due to Traumatic Injuries

5.3  CASE STUDIES—CASES 5–1 TO 5–7 CASE 5–1: DEATH DUE TO STAB WOUNDS THE CASE A married male, living alone in his house, was found dead with stab wounds. There were multiple bloodstained footprints in the scene with a trail of blood drops leading from the dead body through the rear door toward the backyard of the house

(Figure 5.1). The victim was lying on the floor in the supine posture in a pool of blood (Figures 5.2 and 5.3), and multiple stab wounds were found on both the front and back sides of the body. The observations in the crime scene were recorded, and the relevant clues were collected.

FIGURE 5.1  Aerial view sketch of the crime scene, highlighting the track of blood drops at the

backyard.

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FIGURE 5.2  The victim lying on the floor in a pool of blood. A bloodstained footprint revealing identifiable characteristics is shown with a ruler alongside.

FIGURE 5.3  A diagrammatic aerial view sketch of the crime scene with the dead body and the varied articles therein.

SEQUENTIAL HYPOTHESIS 1 The sequence of stabbing had progressed on the floor, and there had been struggle resulting in the transfer of traces from the assailant to the victim.

Observed premises a) There was a pool of blood between the dead body and iron cot with several bloodstained footprints (Figure  5.2). Cast-­off bloodstain patterns were found

Cases of Death due to Traumatic Injuries

on the floor on the eastern side of the pool of blood indicating the movement of blood in varying directions (arrows in the enlarged Figure 5.4). b) Cut injuries were found in the fingers of the victim with two hairs sticking to the fingers.

and Gardner, 2002). The differences in the directions of cast-­off bloodstain patterns indicate variations in the swinging of blood-­laden weapon. The defense cuts in fingers are indicative of struggle. b) The presence of hairs in hands point to transfer during struggle.

Accepted (major) premises a) Cast-­off stain is the result of blood being flung from some secondary object (Bevel

Reconstruction Multiple cast-­off bloodstain patterns in varying directions on the floor indicate swinging of the blood-­laden weapon in different directions when inflicting the stab wounds when the victim was on the floor. The hairs in the fingers are transferred evidence from the assailant. SEQUENTIAL HYPOTHESIS 2 The assailant had stepped out on the blood that had collected in the form of a pool in between the dead body and the cot and then had moved about in that area.

5.4 Cast-­ off bloodstain (arrows) found on the floor. FIGURE

patterns

Observed premises a) Nine surface-­ type bloodstained footprints (large font numerals in Figure 5.5) of a right foot were found in the eastern and northern vicinity of the blood pool, the trail on the west leading toward the northern door of the hall (Figures 5.5 and 5.6). Between the blood pool and the cot,

FIGURE 5.5  A diagrammatic sketch of the crime scene highlighting the serial nature of the bloodstained footprints indicating that they all form a single trail.

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FIGURE 5.6  The zigzag nature of the bloodstained footprints.

the footprints were of a zigzag shape with inter-­distances varying from 3” to 1’6” (small font numerals in Figure 5.5). The victim’s sole did not reveal bloodstains. b) The sequence of the bloodstained foot prints was serialized (1 to 9) on the basis of the relative amount of blood residue in each print. The initial footprint was found smudged with too much blood. The next bloodstained footprint that revealed sufficient characteristics for comparison was photographed with a scale (Figure 5.7), and its outline was also traced on a sheet of glass (Figure 5.8). Accepted (major) premises a) Collection of blood to form a pool takes time after sustaining stab wounds and the series of footprints with blood residue indicate contact of the suspect’s foot with liquid blood. Bloodstained zigzag footprints indicate localized movement of the suspect after contacting the blood on the foot. b) The bloodstained foot print can be compared with the specimen footprint of the suspect. Reconstruction After the blood pool had collected on the floor, the assailant had stepped on the blood that was

FIGURE 5.7  The bloodstained footprint that revealed sufficient characteristics for comparison, photographed with a scale.

Cases of Death due to Traumatic Injuries

still liquid and had moved about in a zigzag manner on the eastern side of the dead body, leaving the series of blood residue footprints that finally were directed toward the doorway. The aforementioned reconstruction proved useful when verifying the confession statement of the suspect.

c) The shirt on the back revealed damages in the form of stab-­cuts of about 1 inch in length (Figure 5.10). d) The stab-­cuts in the shirt revealed one narrower edge (arrows in Figure  5.10) indicating the possibility that the weapon was a single-­edged knife.

SEQUENTIAL HYPOTHESIS 3 The type of injuries on the body of the victim and the damages in the shirt support the use of a penetrating-­t ype weapon such as a knife. Observed premises a) There were eight penetrating-type injuries and two lacerated injuries in the front and nine penetrating-­ t ype injuries on the back of the victim. The stab wounds on the body were gapping (arrows in Figure 5.9) with one end narrower than the other.

FIGURE 5.9  Stab wounds on the back of the

deceased.

FIGURE 5.8  Tracing of the bloodstained footprint as shown in Figure 5.7 on a sheet of glass. Such traced prints enable ready superimposition with the inked plantar footprints of suspects.

FIGURE 5.10  Stab-­cuts on the back of the shirt.

Note one narrower edge (arrows) indicating the possibility that the weapon was a single-­edged knife.

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Accepted (major) premises a) A stab wound gapes across its width and shortens in length due to skin elasticity (Vanezis, 2003; Saukko and Knight, 2004). b) The damages caused due to penetrating injuries on clothing are more realistic in indicating the width of the weapon. c) Stab-­cuts caused by single-­edged knife reveal one narrower end (Vanezis, 2003). Reconstruction The weapon used could be a single-­edged penetrating type such as a knife with a blade width of about 1 inch. SEQUENTIAL HYPOTHESIS 4 The victim could have sustained bleeding injuries. Observed premises a) There was an 8 cubit dhoti folded into 4 cubit size, forming a two-­layered assembly, with the two folded ends knotted to form an apron-­ like structure. One side of this dhoti showed profuse bloodstains soaking from the outer layer to the inner layer, and the inner layer, in addition to the limited soaked stain, revealed

bloodstains in the form of smudges similar to those produced when wiping bloodstains (Figure 5.11). c) Drops of bloodstains leading into a trail were found starting from the threshold of the rear door step of the front hall toward the backyard (Figure 5.1). Accepted (major) premises a) The bloodstain patterns due to soaking and due to wiping are distinguishable (Bevel and Gardner, 2002). b) Consistent dripping of blood in the pathway indicates oozing of blood from an injury. Reconstruction The dhoti improvised into an apron could have been used to shield bloodstains from splashing onto the clothes of the assailant. The profuse bloodstains soaked on one side could have been transferred directly from the injuries on the victim. The wipe patterns on the other side are likely to contain both the blood of the victim transferred to the hands of the suspect and blood from the assailant in case the assailant had sustained injuries. Dripping of blood to a distance of nearly 135 ft. along the pathway at the backyard of the scene house suggested that the assailant could have sustained bleeding injuries.

FIGURE 5.11  Sketches of the outer and inner views of the dhoti knotted to form an apron-­like structure showing the types of bloodstains on it.

Cases of Death due to Traumatic Injuries

Conjoined reconstruction Multiple stab wounds have been inflicted after the victim had fallen on the floor as indicated by the cast-­off bloodstain patterns in varying directions on the floor, and the hairs on the fingers of the victim indicate struggle. The assailant had moved about in the vicinity of the cot after the occurrence and had left his footprints in blood residue. The weapon of assault could be a single-­ edged knife. The assailant could have sustained bleeding injuries. Gist of the confession by the suspect Investigation focused suspicion on the son of the deceased who was secured after 5 days. The suspect confessed to have admitted himself as in-­patient in a hospital and, under that alibi, slipped out of the ward, entered the house at about mid-­night, worn a dhoti as an apron, and stabbed his father to death. During the course of the struggle, the victim reportedly bit the fingers of the suspect causing bleeding injuries. After the occurrence, the suspect wiped off the surface of the iron cot to clear the possible latent fingerprints accidentally left by him on the cot (during which course he had unwittingly stepped on the pool of blood leaving the zigzag series of bloodstained foot prints), discarded the apron, left the scene through the back door, threw the knife into a canal, and returned to the hospital. Reconstruction that was sustained after securing the suspect—I There were dried injuries on the knees and hands of the suspect, some linear and some irregular (arrows in Figure  5.12). In addition, there were

two crescent-­shaped dried injuries, one each at the base of left index and left middle fingers on the dorsal aspect, both revealing characteristics of bite marks (close-­up view in Figure 5.13). There were no corresponding injuries on the palm region. Reconstruction The injuries, especially the bite marks, supported the confession of the suspect that there was a struggle and that he was bitten by the victim. In addition, oozing of blood from such injuries accounted for the consistent bleeding and the series of blood drops on the backyard. Reconstruction that was sustained after securing the suspect—II Inked specimen surface type footprints of the right foot of the suspect were collected (Figure 5.14). Reconstruction The specimen footprint of the suspect (Figure  5.14) indicated morphological match with the bloodstained footprint photographed at the crime scene (Figure 5.7). Reconstruction that sustained after the arrest of the suspect—III The weapon reportedly used by the assailant, a foldable knife, was recovered from a canal (Figure  5.15). It was a single-­edged knife with a blade length of about 4 inches and a width of about 1 inch. A  hair was found sticking to the blade near the handle (arrow in Figure 5.16).

FIGURE 5.13  Close-­up view of the injuries on FIGURE 5.12  The injuries on the knees and

hands of the suspect (arrows).

the fingers of the suspect revealing characteristics of bite marks.

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FIGURE 5.14  Inked specimen surface type footprint of the right foot of the suspect.

FIGURE 5.7  The bloodstained footprint that revealed sufficient characteristics for comparison, photographed with a scale.

FIGURE 5.15  A sketch of the foldable knife, the weapon reportedly used by the assailant.

FIGURE 5.16  A  hair (arrow) that was found

sticking to the blade of the foldable knife.

Cases of Death due to Traumatic Injuries

Reconstruction The injuries on the body of the victim and the damages on the clothes were consistent with the type of the weapon reportedly used for the assault. The hair sticking to the weapon formed transferred trace evidence. Postscript The son of the deceased, the suspect, initially denied involvement in the murder stating that he was in the hospital admitted as an in-­patient. When examining him, his inked footprint was collected, and preliminary comparison of that print with the copy of the footprint traced in the scene of crime indicated similarity, a demonstrable evidence pointing to the presence of the suspect in the scene of crime. The foremost of his ‘confession’ was an impulsive blurting out that his footprint could not be in the scene as he had wrapped his foot with a piece of cloth. True

enough, the piece of cloth that he had used to cover the foot had fallen in the entry point of the scene house and was subsequently identified. During the further course of enquiring the suspect, the zigzag nature of the bloodstained footprints observed in the scene of crime turned out to be the basis for questioning him what act he was involved in near the cot after the murder. Reflecting for a while, he stated that he was wiping the iron cot as he thought that he might have left his fingerprints during the struggle. Visibly surprised that the fact only known to him, that he was near the cot after the murder, had been rightly inferred by the scene investigators, the suspect, then onwards, narrated the entire confession without holding back any detail. This case exemplifies the advantages in reconstructing the scene and then questioning suspects using the findings of the reconstruction as strong inferences.

CASE 5–2: DEATH DUE TO CUT WOUNDS THE CASE Decomposed remains of an unidentified male individual were found in a sugarcane field. About 3 furlongs north of the dead body, a bridge across a canal and the canal bund revealed bloodstains. Subsequent confession by the suspects led to the recovery of the murder weapon and a portion of the gunny used for transporting the dead body from among the shrubs along the bank of a river about 3 furlongs east of the remains. SEQUENTIAL HYPOTHESIS 1 The place of occurrence, the canal bund near the bridge, can be connected to the dead body and the weapon using physical evidence.

FIGURE 5.17  Area of darkly stained soil in the canal bund revealing broken human teeth.

Observed premises a) An area of darkly stained soil in the canal bund near the bridge revealed eight broken human teeth (two with roots) (Figure 5.17). a) The soil in the canal bund as well as the dark downward stains with tails (black arrows in Figure  5.18) and horizontal swipe marks (white arrow in Figure 5.18) on the parapet wall of the bridge tested positively for preliminary test for blood.

Accepted (major) premises a) Broken and loose teeth can be matched with their counterparts and the sockets in the jaw for establishing origin. b) The directionality in the bloodstains as evidenced by the tail indicates dripping of blood while the swipe-­type patterns indicate transfer of blood onto the target, the parapet wall, by moving objects that are bloodstained (Bevel and

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collected from the decomposed dead body can establish common origin. Multiple bloodstains with downward tails on the parapet wall indicated emplacement of objects effusing blood in that location while the horizontal swipe marks suggested swiping of blood-­laden objects such as fingers on the parapet wall. Blood group analysis of the bloodstains in the soil, bloodstains on the parapet wall, and the bloodstains on the suspected weapon etc., can establish common origin.

FIGURE 5.18  Dark downward stains with tails (black arrows) and horizontal swipe marks (white arrow) on the parapet wall of the bridge.

Gardner, 2002), possibly fingers. Blood group analysis establishes common origin between bloodstains from different locations. Reconstruction The presence of broken teeth and bloodstains in the soil suggest the place of occurrence where the victim sustained bleeding injuries. Physical match between the broken teeth and those with the roots recovered from the canal bund with the corresponding counterparts and the jaws

SEQUENTIAL HYPOTHESIS 2 Based on physical evidence, the decomposed dead body found in the sugarcane field can be connected with the place of occurrence, the canal bund and the gunny reportedly used for the transport and disposal of the body. Observed premises a) In the decomposed dead body (Figure  5.19), the bones of the facial region were found cut and disfigured with many of the soft parts missing (Figure 5.20). Two pieces of facial bones with teeth and a few loose teeth were found near the body. Soft parts in the abdomen and thighs were missing. b) Dark loose hairs about 2½ inches in length were seen on the right side of scalp, and the hairs were missing in the left side of the scalp.

FIGURE 5.19  The decomposed dead body lying in the sugarcane field.

Cases of Death due to Traumatic Injuries

Reconstruction The match between the broken teeth recovered from the canal bund and those from the dead body can establish common origin. Comparison of hairs from near the dead body and those from the gunny can establish common origin. The putative victim’s photograph and its negative were secured and were sent along with the recovered skull for skull-­photo superimposition to suggest individual identity.

FIGURE 5.20  The mutilated and disfigured

facial region in the dead body. Accepted (major) premises a) The broken jaws and portions of the teeth available near the dead body can be matched with the root and portions of teeth recovered from the canal bund. b) Comparison of hairs recovered from different locations can establish common origin.

SEQUENTIAL HYPOTHESIS 3 The weapon and the portion of gunny recovered along with the hairs and bloodstains can be connected with the occurrence place and the decomposed dead body using physical clues. Observed premises a) The chopping-­type weapon, a billhook machete (Figure  5.21), revealed bloodstains on the blade. The sharp edge of the weapon revealed a series of indentations

FIGURE 5.21  A sketch of the suspected weapon, a chopping type billhook machete.

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that could possibly have been caused due to contact with the rows of teeth. b) The partly burnt portions of a gunny recovered from the river bank revealed dried bloodstains and a bunch of cut hairs.

Comparison of the hairs from and near the dead body and those from the portions of gunny can establish common origin.

Accepted (major) premises

The bloodstains on the soil in the canal bund, the bridge wall, the weapon, and the gunny piece were of the same group. The fractured and loose teeth recovered from the canal bund matched with the broken edges of the teeth, and the sockets in the jaw bones recovered from near the dead body indicated common origin. The hairs recovered from the dead body and the hairs recovered from the gunny were morphologically similar indicating common origin (Figure 5.22).

a) Blood group analysis establishes common origin between bloodstains from different objects. b) Hair comparison establishes common origin. Reconstruction The blood group analysis of the bloodstain in the soil, parapet wall of the bridge, on the weapon, and in the portions of gunny can indicate common origin.

Conjoined reconstruction that sustained after laboratory analyses

FIGURE 5.22  Diagrammatic representation of the evidence connecting the place of occurrence, the dead body, the suspected weapon, and the gunny.

Cases of Death due to Traumatic Injuries

CASE 5–3: DEATH DUE TO BLUDGEONING: HAIR AND SOIL AS EVIDENCE THE CASE A married woman was reported missing, and her husband confessed to have murdered her by bludgeoning her head with a Casuarina pole and buried the body. On the fifth day, he reportedly disinterred the grave and removed the decomposed remains for further disposal. The place of disinterment showed surface soil characteristics that were different from the surrounding area (arrow in Figure  5.23). The suspect confessed that the plaited hairdo of the deceased came off when lifting the remains and that it was left in the grave itself. Consequently, the hairdo was exhumed and recovered (arrow in Figure  5.24). According to the suspect, the decomposed body

was laid across two Casuarina posts, and, with help of an assistant, it was carried in a stretcher through the adjacent Casuarina grove to the sea where it was drifted into the waters. The body could not be recovered. SEQUENTIAL HYPOTHESIS 1 For establishing the identity of the victim, the hairdo from the grave can be related with the hairs of the victim as well as the hair oil that are recoverable from her residence. Hair shaft analysis can suggest blunt force damages, and the presence of roots in the scalp hair would indicate removal after decomposition. Observed premises

FIGURE 5.23  The place of disinterment showing the difference in the shade of the soil (arrow).

a) Hairs of the victim that had naturally fallen and preserved by her earlier for making wiggery were recovered from the victim’s parents’ house where she was living prior to her marriage. Hair oil used by the victim was also recovered from her house. b) An analysis of the plaited hairdo in the laboratory indicated damages in the hair shaft supporting damage due to bludgeoning using a blunt weapon, and the presence of roots in the distal ends of the hairs in the hairdo supported removal after decomposition. Accepted (major) premises a) Morphological comparison of hairs can indicate similarity in origin. Similarity in the composition of the oil traces in the hair and in the oil from the victim’s house can indicate origin from common source. b) The damages to hair shaft vary according to the type of the weapon used. Hairs that are pulled out of the scalp after decomposition would reveal the roots in the distal ends.

FIGURE 5.24  The plaited hairdo (arrow) inside

the grave.

Reconstruction Analysis of hair in the laboratory offered scientific evidence corroborating victim’s identity, blunt force damage on the hair shaft, and removal of the hairdo after decomposition.

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SEQUENTIAL HYPOTHESIS 2

Reconstruction

According to the confession by the suspect, the decomposed dead body had been transported through the Casuarina grove toward the sea.

Establishing the presence of soil and tissue traces on the Casuarina plants at a height of about 25–32 inches during laboratory analysis supported the transport of the sand-­laden putrid body through the rows of Casuarina plants. A discussion on the relevance of hair and hair damages is included.

Observed premises The Casuarina plantation was examined, and, based on the soil stains on the stems of plants, the route of transport of the decomposed body was identified (dashed line in Figure 5.25). The stems of the plants along this route indicated sand particles with black greasy deposits sticking to them at a height of about 25–32” from ground level (arrow in Figure 5.26, diagrammatically shown in Figure 5.27). Samples of the plants with such stains were uprooted and collected. Accepted (major) premises Transporting a decomposed dead body disinterred from the grave through a Casuarina grove with plants growing about 3ft. apart would lead to contact of the body with the plants and to transfer of traces of soil and tissue matter from the decomposed body on to the contacting surfaces of the plants such as the bark.

Conjoined reconstruction Morphological similarity between the hairs in the plaited hairdo and the sample hairs recovered from the house of the victim’s parents offered scientific evidence corroborating victim’s identity. Similarity in the oil traces in the hair and the oil in the bottle supported the use of that oil for oiling the hair recovered from the grave. The evidence of blunt force damage on the hair shaft in the plaited hairdo supported the impact by a blunt object on the scalp region. The presence of roots in the plaited hairdo offered evidence that the hairs had come off after decomposition. The similarity between the soil traces on the Casuarina plants and the soil from the grave

FIGURE 5.25  Aerial view sketch of the scene showing the nearby sea where the decomposed body was disposed of. The direction of transport of the decomposed body that was deduced on the basis of the soil stains on the Casuarina plants is shown in dashed lines.

Cases of Death due to Traumatic Injuries

TABLE 5.1  The Description of Physical Evidence Collected and the Relevant Analyses Suggested to the Investigation Officer to be Required from the Forensic Science Laboratory. Sl. No. 1.

Item Plaited hairdo with a red ribbon and an unplaited portion all measuring about 33”.

Analysis Required (i)

(ii) (iii) (iv) (v)

The unplaited part of the hairs and their roots are to be examined for the presence of portions of hair damages flattened due to bludgeoning with a blunt object with a rough surface like a Casuarina pole. The ends of the unplaited hairs are to be analyzed for the presence of hair roots and decomposed tissue matter. The nature of the oil traces in the hair is to be analyzed. The red-colored nylon ribbon is to be analyzed for the presence of oil traces and the nature of it reported. The soil particles sticking to the hair are to be compared with the soil in item 2 and the soil particles sticking to the item 4.

2.

Sample of earth collected from the region beneath the hair in the grave.

(i)

The soil particles of this earth are to be compared with the soil particles sticking to the item 1 and the similarity reported. (ii) The soil particles of this earth are to be compared with the soil particles sticking to the item 4 and the similarity reported. (iii) The earth is to be analyzed for the presence of decomposed human body tissues/fluids and fat.

3.

Control earth.

To serve as control for item 2.

4.

5 Casuarina plants with darkstained portions to which soil particles are adhering.

(i)

The soil particles are to be compared with the soil particles sticking to the item 1 and their similarity reported. (ii) The soil particles are to be compared with the soil particles of the earth in item 2 and their similarity reported. (iii) The dark-stained portions of the Casuarina bark to be analyzed for the presence of decomposed body tissues/fluids of human origin.

5.

2 Casuarina poles of about 10 ft. in length.

(i)

The bark of the poles is to be analyzed for the presence of traces of fat or decomposed tissue matter.

6.

Bunches of hair along with neatly coiled strands of hair around a wooden piece all in a torn, polythene bag that was recovered from the victim’s parents’ house.

(i)

The hairs in this bunch are to be compared with the hairs of the plaited hairdo in item 1 and their similarity reported.

7.

A brown bottle containing hair oil recovered from the victim’s house.

(i)

The nature of the oil traces in item 1 is to be compared with the oil in the bottle and the similarity reported.

supported the transport of the body through the Casuarina plantation. Postscript This case exemplifies a situation where morphological comparison of hair provided the basis for establishing the identity of the deceased when the remains that were reportedly drifted into the sea were not recovered. Evidently, a similar case

situation in the current period would have enabled establishing the identity using DNA profiles obtained from the same set of hairs. Additional evidence that could be used in this case was the soil traces on the bark of the Casuarina saplings for supporting the transport of the dead body. SOCOs may explore situations for using soil as evidence as the utility of soil as a potential clue during scene investigations continues to be infrequent.

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FIGURE 5.26  The stem of a Casuarina plant revealing sand particles with black greasy deposits sticking to it (arrow).

FIGURE 5.27  Diagrammatic representation of

the soil-­stained areas in the Casuarina plants.

CASE 5–4: BLOODSTAIN PATTERN SUPPORTING SELF-­I NFLICTED INJURY THE CASE A shop owner was found dead with stab wounds near the cash counter in the front part of the shop, and a lone employee working at that time claimed that he too was stabbed by the ‘unknown assailant’. The employee had sustained a single stab wound on his left cheek. A blood pool was found near the cash counter where the deceased was lying. There were additional bloodstain patterns indicating dripping of blood near the stairs in an interior corner of the shop. HYPOTHESIS While the shop owner had been stabbed in the front part of the shop, the employee had suffered

the stab wound in the interior corner of the shop near the stairs and then had moved toward the front part of the shop. Observed premises a) A pool of clotted blood was found near the cash counter in the front part of the shop (Figure 5.28). b) In another interior corner of the shop near the steps, there were bloodstains characteristic of recurring drops of blood dripping in that location (arrow in Figure  5.29) along with a trail of blood drops (arrows in Figure 5.30).

Cases of Death due to Traumatic Injuries

FIGURE 5.28  The pool of clotted blood near the cash counter in the front part of the shop.

FIGURE 5.30  Trail of blood drops (arrows) leading from the recurring drops of bloodstains.

Conjoined reconstruction Evidence of drip-­type pattern in an interior corner of the shop suggested that the injured employee sustained the injury in that location, remained there letting the blood to form the drip pattern, and then, as indicated by the trail of blood drops, moved toward the front part of the shop. Postscript

FIGURE 5.29 Bloodstains characteristic of recurring drops of blood (arrow) in a different and interior corner of the shop.

Accepted (major) premises a) The pool of clotted blood indicates the location of bounteous bleeding from the deceased. b) Drip pattern indicates multiple drops falling on the same location (Bevel and Gardner, 2002). The drip pattern and trail of blood drops indicate the other location where the employee sustained the injury.

The injured employee being the only person in the shop premises other than the owner of the shop, the deceased individual, the employee’s claim that he was also stabbed by the ‘unknown assailant’ could not be immediately verified. The drip-­type bloodstain pattern in an interior location of the same shop was the prime observable evidence supporting that the injury on the employee had occurred in another location in that shop and that, after sustaining that injury, he had remained in that location for a while sufficient for the drip pattern to form there. When confronted with this reconstruction, the injured employee confessed that the injury on him was self-­inflicted to stage the murder as committed by someone other than himself. Note A description of different types of bloodstain patterns and their importance during crime reconstruction is included in the Discussion section.

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CASE 5–5: DEATH DUE TO PIERCING-­T YPE WOUND THE CASE The victim was reportedly assaulted using a spearhead-­type weapon which was also used to injure another individual during the same incident. Subsequently, the suspects were secured, and the weapon of assault, a spearhead, was recovered. HYPOTHESIS The injury on the victim in the superior region of the abdomen has been caused by a piercing-­t ype weapon such as a spearhead.

b) The fibers sticking on to the spearhead form transferred trace evidence and can be connected with the fibers in the damages on the clothes worn by the deceased or the injured individuals. Conjoined reconstruction The injury in the chest region could have been inflicted by the spearhead-­t ype weapon that was recovered and the fibers on the weapon form trace evidence connecting the damages on the clothes worn by the injured persons.

Observed premises a) The pierced injury in the superior region of the abdomen was ovoid in shape (Figure 5.31). b) In addition to bloodstains, fibers were found sticking to the spearhead (arrow in Figure 5.32). Accepted (major) premises a) Piercing-­ t ype injuries are caused by weapons that are pointed such as a spearhead.

FIGURE 5.31  Pierced injury in the abdomen of

the deceased.

FIGURE 5.32  Spearhead revealing bloodstains

and fibers (arrow).

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CASE 5–6: DIRECTIONALITY IN SLASH WOUNDS THE CASE The victim sustained slash wounds during an assault and was brought to the hospital where he was declared dead. HYPOTHESIS The injuries on the back of the deceased had been caused by a sharp-­edged weapon with a hooked end such as an aruval (machete with a billhook end) and can suggest the direction of attack. Observed premises Multiple spindle-­shaped slash-­type wounds were found on the back of the deceased predominantly on the right side (Figures  5.33–5.35). Some of the spindle-­ shaped slashes (white arrow in Figures 5.33 and 5.34) revealed superficial ‘tail’, a shallow scratch running out of the termination of the slash (black arrow in Figures 5.33 and 5.34).

FIGURE 5.34  Enlarged view of the spindle-­

shaped slash wound (white arrow) and the superficial ‘tail’ (black arrow).

Accepted (major) premises Slashes terminating with ‘tails’ indicate the rising and drawing out of the weapon across the skin and are characteristic of the use of weapons like machete (Saukko and Knight, 2004). The tails

5.35 Diagrammatic representation of the consistency in the directionality of the wounds on the back of the deceased.

FIGURE

in such injuries point toward the direction of the assailant. Conjoined reconstruction

FIGURE 5.33  Spindle-­shaped slash-­t ype wounds

on the back of the deceased (white arrow) along with tailing (black arrow).

The spindle-­shaped injuries on the back of the deceased could have been caused by the hooked end of a sharp-­edged weapon such as an aruval (machete with a billhook end). The tails following the spindle-­shaped injuries indicate superficial contact of the sharp edge of the weapon with the skin when inflicting the injuries. The consistency in the directionality of the tailing in multiple injuries on the back of the victim suggests that the assailant could have been on the right side when inflicting the injuries on the victim who possibly was in the supine posture.

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CASE 5–7: DECOMPOSITION EFFECTS: MAGGOT INFESTATION THE CASE A decomposed dead body of a female individual was found inside her house that remained locked. The maggots present in the dead body indicated the possible time since death to be more than 4 days. The migrating maggots were seen obliterating many of the bloodstain patterns in the vicinity. Death was due to homicidal cut-­throat injury. HYPOTHESIS Necrophagous insects lay eggs on dead bodies immediately following death especially when open injuries are present. The developmental stages of these insects provide scientific clue on time since death. Observed premises Masses of maggots were seen moving away from the decomposed body (arrows in Figures  5.36 and 5.37). These maggots were having body segments devoid of hairy structures. Accepted (major) premises Maggots belonging to C. megacephala (F.) (Diptera: Calliphoridae) do not have hairy structures on their body segments. These maggots

FIGURE 5.36  Maggots on the decomposed dead

body. Arrow indicates the migrating mass of maggots.

FIGURE 5.37  Maggots on the lower part of the decomposed dead body with a migrating mass (arrow).

reach the migrating or prepupal stage in about 4 to 5 days during their development. Conjoined reconstruction Based on the presence of masses of migrating-­ type larvae, a behavior attributable to prepupal stage in the maggot development, the time since death can be estimated to be about 4 to 5 days prior to the examination of the dead body. Pupae were absent. The fluid exudation from the migrating maggots had obliterated other bloodstain patterns in the vicinity near the dead body. Postscript An interesting anecdote in this crime scene was the role of a juvenile who was volunteering mundane errands during the crime scene examination by this author. Later, that juvenile turned to be one of the suspects. When enquired what prompted that juvenile to visit the crime scene during the investigation, he answered that, by mingling among the onlookers, he wanted to know how the clues are gathered in the scene. The SOCOs need to be conscious that the suspects may be among the bystanders watching the clues observed and recorded by them. A brief description of the developmental stages of necrophagous insects and their use during death investigation is included in the Discussion section.

Cases of Death due to Traumatic Injuries

5.4 DISCUSSION 5.4.1 Myths and Facts Relating to Observations in Traumatic Homicides

i. Myth: Cutting and stabbing deaths indicate homicides. Fact: All manners of death are possible when cutting and stabbing-­t ype injuries are present (Shkrum and Ramsay, 2007). ii. Myth: Damages to clothing are commonplace when handling the dead bodies and are thus not forensically important. Fact: Damages to clothing may provide the only clue of tentative attempts at self-­ infliction, particularly when there are few skin injuries (Shkrum and Ramsay, 2007). iii. Myth: When a dead body with traumatic injuries is lying in the scene, absence of bloodstains in the surrounding areas offers evidence indicating cleansing activities. Fact: Inferring cleaning activities must be based on such evidence as the presence of skeletonized bloodstain patterns which indicate rubbing activities or presence of bloodstains in crevices between tiles when the tile surfaces appear devoid of bloodstains; inference relating to cleansing cannot be based on a mere absence of bloodstains. iv. Myth: When a bloodstain pattern is seen on a far-­off location from a dead body in a crime scene but not recorded in the intermediary objects, it indicates evidence of staging or dressing the scene. Fact: Cast-­off bloodstain patterns can reach far-­off objects without contacting intermediary objects. v. Myth: Bloodstain patterns can be simulated in crime scenes. Fact: It is not possible to simulate bloodstain patterns in a crime scene. vi. Myth: It is possible to identify a forcibly pulled hair at the crime scene itself. Fact: Yes, the follicular sheath attached to the root can be recognized by examining the hair using a stereo microscope or a suitable hand magnifier. 5.4.2 Bloodstain Patterns and Their Significance in Crime Reconstruction The significance of bloodstain patterns on dead bodies and in crime scenes has been well reiterated both

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in medicolegal context (Simpson and Knight, 1985; Polson et  al., 1985; Gordon et  al., 1988; Mason, 1993; Knight, 1997; Hanzlick and Graham, 2000; Busuttil, 2003) and in forensic science (De Forest et  al., 1983; Gilbert, 1993; O’Hara and O’Hara, 1994; Nickell and Fischer, 1999; Brun-­Conti, 2001; Inman and Rudin, 2001; Saferstein, 2014; Nehse, 2004). Many authors have particularly discussed bloodstain pattern analysis (James, 1999; James and Eckert, 1999; Wonder, 2001; Bevel and Gardner, 2002). Nickell and Fischer (1999) caution that an unaccounted bloodstain pattern in a crime scene may render the crime reconstruction incompatible. Pertinently, the SOCOs have to remember the observation by De Forest et al. (1983) that “in many cases, the blood pattern characteristics can be more important in reconstructing the events and in solving the case than the use of blood grouping”. The discussion that follows focuses on the fundamental patterns in bloodstains following the vocabulary recommended by Bevel and Gardner (2002). 5.4.2.1  Blood Drops When a blood drop falls on a surface, it breaks into satellite droplets depending on the height of the fall. Blood drops may fall passively in cases such as from a skin erosion caused by ants in a hanging dead body or may be shed with a projected force as it happens when blood drops from bleeding fingers are thrown out when shaking the hand. The extent to which the astral rays form (arrows in Figure 7.14) depends both on the height of fall and the force of impact of the drop on the falling surface. Blood drops falling on inclined planes such as a vertical parapet wall of bridge acquire elliptical appearance (black arrows in Figure 5.18). Bevel and Gardner (2002) note that blood drops falling at an angle of incidence below 45º tend to appear elliptical. 5.4.2.2 Patterns Caused by Recurring Fall of Blood Drops In instances where blood drops fall on already existing collection of drops or other types of bloodstain such as a standing pool of blood, a pattern evidencing multiple and superimposed patterns of bloodstain is created (arrow in Figure 5.29). These patterns would enable reconstructing an event that the individual from whom the blood had issued had remained in that location for a consistent period to allow the overlapping dripping pattern to be created.

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5.4.2.3  Trail Patterns of Blood Drops Bloody trails (arrows in Figure  5.30) occur when an individual moves with a significantly bleeding wound which is not bandaged. Trails of blood in a crime scene may aid in diagnosing the presence and movement of suspects (Cases 5–1 and 5–4) or a victim (Case 7–1) when the individuals concerned suffer bleeding injuries. 5.4.2.4  Patterns From Artery Spurts Severance of an artery causes bounteous amount of blood to spurt out due to pulsating contractions of the artery. The pulsations push the blood to travel in the form of an arched ‘trail’ that create a characteristic pattern when hitting an obstructing surface— the droplets projected upwards showing upward spines and those projected downward evidencing spines that are directed downward. Figure 5.38 shows a spurt pattern created by the author using a stained fluid similar to blood consistency and ejecting it from a syringe to illustrate the direction of the spine in relation to the travel direction of the liquid. Droplets evidencing upward spine (black arrow in Figure  5.38) indicate upwardly directed travel direction, while the droplets showing downward spines (gray arrow in Figure  5.38) suggest downward movement when the drops hit

the surface. The reader is informed that the pattern illustrated was one of the many repeatedly created on sheets of paper, which was considered nearly similar to an arterial spurt and then cut out and used for the purpose of making a mock crime scene for Work-­Based Learning (WBL) by students. 5.4.2.5 Arc or Cast-­Off Patterns From Swinging Weapons Swinging a blood-­covered knife, iron pipe, billhook, or other similar weapon causes blood accumulated on the weapon to be thrown off. These patterns are also known as cast-­off patterns. The cast-­off patterns can be used to define the plane of the arc of the weapon swing. This information can be used in locating the position of the assailant in relation to the victim as well as in indicating how the weapon was swung. Multiple arcs in different directions (Figure  5.4) indicate that the blood-­laden weapon had been swung several times in different angles. 5.4.2.6  Arc Patterns From Swinging Hands Swinging or shaking a hand that has accumulated blood will also lead to drops to be thrown off. Such cast-­off patterns enable in reconstructing the position of the victim who was bleeding. When bleeding injuries are observed in the fingers, differences in the directions in the arc patterns especially from a common origin (white and black arrows in Figure 7.15 enlarged in Figure  7.16) suggest multiple swinging of the hands. Cast-­off patterns are important in reconstructing the directionality in the swing of the weapon or hand and in diagnosing the multiplicity in the swinging actions. The general rule in diagnosing the directionality in the travel of a blood droplet is that in all instances, except satellite spatter, the tail in the pattern points in the direction of travel of the droplet (Bevel and Gardner, 2002). 5.4.2.7  Atomized Bloodstain Pattern

FIGURE 5.38  A spurt pattern created to illustrate

the direction of the spine (arrows) in relation to the travel direction of the liquid.

These are bloodstain patterns characterized by a mist-­ like pinhead appearance of blood droplets (arrows in Figure  5.39). This pattern is generally associated with blood escaping out with extreme force in association with such objects as a high-­ velocity projectile or a bullet ejecting out from an exit wound. In the case relating to the illustration in Figure 5.39, the victim was shot from in front, and

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center of the stain. When the stain is undisturbed, its shape is retained as such (arrow in Figure 5.41). When the stain is rubbed out prior to completion of the drying process, the inner wet portion would be wiped out first while the perimeter that had

FIGURE 5.39  Atomized bloodstain pattern on a

cupboard door. the atomized pattern shown was seen on the cupboard door located behind the victim. The blood pool in Figure  5.40 had collected in the location where the victim fell down after sustaining the fatal bullet wound.

FIGURE 5.40  A blood pool in the location where

the victim fell down after sustaining the bullet wound.

5.4.2.8 Clot Clot is formed due to the collection of liquid blood that stagnates for a considerable period of time. Clot will usually be thick and gelatinous on nonabsorbent surfaces such as tiled floor (arrows in Figure 5.40). 5.4.2.9  Skeletonized Bloodstains These are bloodstain patterns that still retain the original shape and size although they had been subjected to disturbances such as wiping due to mechanical forces. Once deposited, blood will usually begin to dry, commencing from the outer perimeter and then proceeding inward toward the

FIGURE 5.41  An undisturbed stain of blood drop

(arrow).

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already dried would form a characteristically patterned stain (arrows in Figure 5.42). This process is termed skeletonization, and the resulting stains are referred to as skeletonized stains. The blood drops illustrated were found in the vicinity of the clot in Figure 5.40, and the skeletonized patterns had been

caused due to dragging the victim’s body over the blood drops that had dried partially. Skeletonized stains form the reliable patterned evidence to infer attempts to rub out and clean bloodstain evidence in crime scenes where the surfaces are nonabsorbent and polished. The SOCOs are cautioned not to infer the possibility of rubbing out or cleansing bloodstain evidence by the mere absence of bloodstains during visual inspection. Visually evaluable absence of stains may only indicate failure of blood to reach and stain the target objects in the scene; it does not constitute evidence of rubbing out or cleansing bloodstains. 5.4.2.10  Swipe Patterns

FIGURE 5.42  Skeletonized pattern of the blood drops (arrows) after the partially dried drops have been rubbed.

FIGURE 5.43  A  swipe pattern generated, while making a mock crime scene, by moving stained cotton waste in contact with a sheet of paper pasted on a wall.

The transfer of liquid blood from one object to another due to contact causes swipe patterns. Such transfer is usually accompanied by the movement of one bloodstained object with another that is ordinary as it happens when bloodstained fingers are moved along a wall (see Figure  5.18) or when bloodstained scalp hairs with a moving force come into contact with a wall. In such swipe patterns the examiner may be able to infer the directionality of the moving object. Figure  5.43 is a swipe pattern generated by the author making mock crime scenes using a bunch of cotton waste stained with a fluid similar to blood consistency and then swiped downward on a sheet of paper pasted on a wall, and Figure  5.44 is a pattern caused by the contact of

FIGURE 5.44  A  contact pattern created using stained cotton waste on a sheet of paper pasted on a wall without significant lateral movement.

Cases of Death due to Traumatic Injuries

same cotton waste on the wall without any significant lateral movement. Swipe patterns may manifest in the form of smudges when blood from fingers is transferred to articles such as an almirah (Figure 5.45) or a door (Figure 5.46). Smudges caused by bleeding sources usually reveal excess blood draining and accumulating in the lower border due to gravity (arrow in Figure  5.45) or speck of clotted blood in certain areas (arrow in Figure 5.46). Recognizing smudges in crime scenes is important due to the distinct possibility that the source of blood in smudged stains can be from a bleeding injury sustained by the suspect and can thus be useful in relating the suspect with the crime scene. 5.4.3 Relevance of Hairs and Hair Damages During Crime Investigation 5.4.3.1  Significance of Hair as Evidence Hairs found sticking to a murder weapon or caught in the fingers of the victim (Case 5–1) or recovered

FIGURE 5.45  Swipe pattern in a homicide scene manifesting in the form a smudge. Note the excess blood accumulating in the lower boundary (arrow).

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FIGURE 5.46  Swipe pattern on a door in a homicide scene. Arrow indicates a speck of excess blood in the smudge.

from the scene of the crime (Cases 5–3, 12–1, and 12–2) serve as valuable physical evidence. However, it is stressed that morphological comparison of hairs cannot lead to individual identification. It has been recognized that hair comparisons do not constitute a basis for absolute personal identification (Deedrick and Koch, 2004), and a finding that the compared questioned hairs and sample hairs are morphologically similar can provide evidence indicating possible association (Gaudette, 2000a; Bisbing, 2001a, 2001b, 2007). However, morphological comparison of hair can lead to valuable exclusionary evidence (Bisbing, 2007), and thus its potential application as to the case under investigation must never be underestimated. On the other hand, DNA analysis of the hairs, especially those with follicular sheath, can enhance the certainty in hair identification by enabling conclusive attribution of origin (Yoshino et al., 2000). Hair has two properties that make it a frequently occurring type of physical evidence: first, it is remarkably stable to most environmental conditions and will not easily break down like other biological evidence; second, as hair is fairly unnoticeable to the untrained eye, a criminal is not likely to make a special effort to destroy it. Hairs are transferred during sexual intercourse, and hair transfers from females to males were found to be about twice as prevalent as transfers from males to females (Gaudette, 2000-­b). Failure to find hairs in crimes involving struggle may be due to failure to locate hairs rather than the due to the absence of hairs in the scene as it has been shown that approximately 100 head hairs fall each day and during the course of a ravaging struggle, many more hairs would be normally expected.

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5.4.3.2  Possible Findings in Hair Analysis

5.4.3.4  Cross-­sectional Appearance of Hair

a) Nonidentity of sources: Establishing that the evidence sample and the standard sample did not come from the same source, a finding that serves the purpose of elimination. b) Possible sources: Establishing that the evidence sample is morphologically similar to the standard sample may only indicate that a hypothetical event is possible or probable. In the presence of other evidence, this may form corroboratory evidence. c) Certainty in sources: Establishing that the evidence sample is certainly derived from the same individual using DNA analysis when cellular materials are available in the hair roots.

A microscopic examination of a hair cross section reveals an outer layer of cuticular scales which surrounds the shaft, an inner darker portion called the cortex, and in the center of the cortex—a canal-­like structure called the medulla (Figure  5.47—inset). The color of hair is due to presence of pigment granules (melanin) which are found principally in the cortex, and due to air bubbles in the medulla.

5.4.3.3  Morphology of Human Head Hair The human head hair is a cylindrical structure composed of a medulla (a central cellular canal), a cortex (the body of the hair), and a cuticle (a scaly outer layer). Straight hair is normally approximately circular in cross section, while a wavy hair is elliptical. Considering human head hair as an example, structurally there is a long cylindrical shaft anchored to the scalp by bulbous root in the proximal end with a free distal end that is tapering when uncut (Figure  5.47). In the scalp tissue, the root lies in the follicle and is surrounded by a mass of connective tissue termed follicular sheath, the bottom region of which has the dermal papilla. The outer cover, the cuticle is a multilayered scaly structure protecting the hair.

5.4.3.5 Descriptions of Morphological Variations in Hair Morphological variations in human hair are indeed numerous. A detailed description of all such variations is beyond the scope of this field guide, and readers may refer to authors like Ogle and Fox (1999) for greater details. The descriptions provided here are considered those that are fundamental for crime scene examination. The texture of human scalp hair may vary from fine to coarse depending on hair diameter, an important characteristic during examination. It is noted that diameter variations also occur along the shaft of each hair. Hair form: Hair form refers to the general appearance of the hair with regard to curl. The basic descriptive terms are Straight, Curved, Wavy, and Curly. Straight hair is the one with no curvature or with a curvature less than that of a circle having a diameter of greater than 80 cm (Figure 5.48). Curved hair has a curvature but does not exhibit waviness or does not curl back upon itself to form a circle when the hair is placed on a flat surface. Wavy hair is that with curvature that changes its direction to produce a sinuous wavy form but does not curve back upon itself to form circle-­like figures. Curly hair is the one that curls back upon itself to

FIGURE 5.48  Parameters useful for describing hair FIGURE 5.47  Morphology of human head hair.

form.

Cases of Death due to Traumatic Injuries

form circles or circle-­like forms when placed on a flat surface. Hair color: Depending on the color, hair may be differentiated into black and gray hairs. A complete head of gray hair is comparatively rare; hair color is usually mixed with shades of brown or black fading into white. Dyed part of the hair shaft can be identified by the gray, unpigmented portion of the shaft that lies toward the proximal (growing) end of that hair.

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while Figure  5.52 is an enlarged view of the root end of that pubic hair. All the figures illustrate photographs taken using iphone6s. The presence of adherent follicular sheath on the root depends on the root growth stage.

5.4.3.6  Detection of Forcible Removal of Hair An examination of the hair root, if present, may provide an answer to the question if the hair had been forcibly removed. If a hair pulled from the body forcefully was securely attached to the follicle (anagen stage), follicular tissue may still remain attached to the base of the hair. However, the absence of follicular tissue on a hair root is not necessarily a proof that the hair has naturally fallen out of the head. The presence of follicular sheath in a hair recovered at the crime scene can be ascertained by visualizing the proximal ends under suitable magnification for which stereomicroscope offers the best results. Examination using a good hand magnifier or close-­up photography of the hair end using suitable lens or using the cameras in any of the modern cell phones would also enable recognizing the follicular sheath. Figure 5.49 illustrates a forcibly plucked scalp hair with the root end shown within a box, and Figure 5.50 is an enlargement of the root end with the arrow indicating the translucent follicular sheath. Figure 5.51 shows a fallen pubic hair with the root end shown within a box,

FIGURE 5.50  An enlarged view of the area boxed in Figure  5.49 showing the translucent follicular sheath (arrow).

FIGURE 5.49  A  forcibly plucked scalp hair with

FIGURE 5.51  A fallen pubic hair with the root end

the root end shown within a box.

shown within a box.

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FIGURE 5.52  Enlarged view of the area boxed in Figure 5.51 showing the root.

5.4.3.7 Follicular Sheath in Different Stages of Root Growth The characteristic variation of the hair root growth stages represents the growth stage of the hair at the time of its removal or loss from the body. The morphology of the root as well as the presence of epithelial tissues adhering to the root enables distinguishing those hairs that could have been forcibly pulled out. A  hair pulled from the scalp or pubic region during the anagen phase (active growth stage) will have a glistening follicular (epithelial) sheath adhering to a distorted and elongated, pigmented root. A hair pulled during the catagen phase (past the active growth stage) may have a slightly enlarged root and may have some bits of epithelial tissue adhering to it. A  hair pulled or fallen from the scalp or pubic region during the telogen phase (post-­growth stage) typically has an enlarged root bulb that lacks pigment and has little or no adherent epithelial tissue. The diagrammatic representations of these stages are shown in Figure 5.53. The presence of epithelial tissue on a root plays an important role in hair examination, owing to the ability to analyze the DNA present in the nuclei of the adherent epithelial cells from the follicular tissue.

FIGURE 5.53  Diagrammatic representation of the roots of forcibly removed hairs and naturally fallen hairs in different growth stages.

may be possible to identify the type of instrument used and estimate the length of time since the last cutting. The uncut hair tip will be finely tapered and usually unpigmented (Figure  5.54A). If the distal ends are cut, the tips normally begin to take on a rounded form within 2 to 3 weeks after cutting (Figure  5.54B), and the rounded tips continue to elongate becoming thinner as the hair grows further. If the uncut or cut hair is badly damaged, the tip will be split or frayed (Figure 5.54C and D). When the distal end of scalp hairs have been freshly cut, the cut ends can offer clue to identify the instrument used for cutting. Cutting the hair using a razor blade leaves tailing in the cut edges that extend beyond the point of cut (Figure 5.55A). Cutting the hairs using a chopper knife leaves a prominent mark of compression due to the heavy

5.4.3.8 Distal Tip Morphology of Human Scalp Hair The morphology of the distal tips of hairs varies depending on the care taken for maintaining the hair and the instrument used for cutting or trimming the hair. If sufficient sample is available, it

FIGURE 5.54  Diagrammatic representation of the

variations in the distal tip morphology of human scalp hair.

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FIGURE 5.55  Diagrammatic representation of the morphological changes during damages in the human scalp hair subjected to different instruments.

blade operating on one side (Figure  5.55B). If the hair was cut by a pair of scissors, a tip would appear almost clean cut with edges revealing minor evidence of compression (Figure 5.55C). Use of blunt weapons such as an iron rod or a log of wood generates flattening of the hair shafts that are subjected to that force (Figure 5.55D). Hairs subjected to heat damage reveal an expansion of the cortex with gaseous bubbles (Figure 5.55E). The appearance of the distal tip of the hair acquires forensic significance when the exemplar hair specimens from suspects are obtained contemporaneously or immediately following the recovery of the questioned samples of hair from the crime scene. 5.4.3.9 On the Methods Available for Collection of Hair Hairs treated as questioned samples may be found as loose hairs in the crime scene, sticking onto other biological stains or weapons or clothing or on different locations in the dead body itself or on the live victims or on the suspects. Usually, control hairs that serve as exemplar samples are collected from the victims and suspects, while, on occasions, such hairs may also be collected from the house where a victim lived (Case 5–3). Among the methods of hair recovery, hand picking has the advantages of collecting each hair sample separately. Here, bare fingers are used for collecting the hairs. Tape lifting is a method of choice when specific areas are to be covered for collecting hairs. This method serves as an easy and fast way for obtaining hairs from clothing, carpets, upholstery, and other surfaces where the hairs are either difficult to see. The foreign hairs sticking to the tape can be stored and can be removed by

using xylene. Vacuuming can be used for collecting hairs from larger areas of floor such as in a room. It must be borne in mind that vacuuming destroys chronology in the collection of hair evidence and precludes relevant testimony concerning the hairs’ exact location. Instead of relying on day light during visual examination of the scene, additional use of strong oblique light has been found to ensure better efficiency in locating hairs lying on the floor or other objects. Whichever method is used, it should be done in a location specifically recognized for that purpose to avoid the possibility of contamination and cross-­transfer. When collecting hairs, whether by handpicking or using the aid of tape, their particular location should be noted in chronological order. The exact location of the questioned hairs serves as a valuable aid to the investigation and will have a probative value far greater than a general location. For example, among the evidential hairs collected in a scene of rape, those found lying in the scene and those found sticking on to the garment of the victim will carry varying probative value. The known (control) hairs should be complete hairs including the root. The hairs should be pulled out from the skin. Cut hairs should be avoided as the total length of the hair and the morphology of the base and the root are important to a comprehensive comparison. Regarding the quantity of control hairs, Bisbing (2001b) recommends 50, while Deedrick and Koch (2004) suggest at least 25 full-­length hairs to be sufficient. Some laboratories recommend 10 pieces of hairs as the minimum (See Appendix) and as such, the minimum can be 10, and the maximum that can be collected need not be restricted as when a bunch of control hairs is available for collection, it is desirable to send the

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entire bunch for analysis (Case 5–3). An excellent method of obtaining a random sample of hair from suspects or victims is by vigorous combing or brushing. The combed or brushed sample provides fallen hairs, pulled hairs, hair fragments, and other trace evidence representative of the sampled body region. Exemplars must be collected from both victim and suspect in cases of assault, and from all other inmates who may have deposited questioned hairs at the crime scene. With the exclusion of hairs of inmates, the similarity of questioned and known hairs gains far greater probative value. 5.4.3.10  DNA Analysis Using Hair Evidence It is well established that hairs are often transferred during sexual intercourse, they are persistent and stable as trace evidence, and, being unnoticeable, they are not easily destroyed by the offenders (Gaudette, 2000-­b). Among healthy human head hairs, about 80–90% is at anagen phase, while 10–18% is at telogen phase with about 2% at catagen phase. The anagen phase hairs are likely to be forcibly removed during any struggle, and, when forcibly pulled out, these hairs contain many cells in the root sheath that comes along with the root. It is easy to extract DNA from such plucked hairs. When the cellular sheath is not available, DNA would have to be extracted from the nuclear remnant of the club of the hair shaft (Yoshino et al., 2000). When DNA is extracted from the hairs recovered in a crime scene or from the clothing or person of the victim, its source can be established with certainty by comparing with the DNA samples from the suspects.

maternal relatives have the same mtDNA type, and, in addition, some individuals who are not closely related or apparently unrelated may also exhibit the same mtDNA type. In this context, a microscopical comparison of the hairs can differentiate between the hairs from various family members and also reveal contextual information useful for the investigation. Thus, it is particularly important to realize that microscopical examination and DNA analysis are complementary techniques; the strongest possible association is made by first comparing the physical aspects of the hair through microscopy, then by comparing the genetic aspects of the hair through DNA analysis. SOCOs must remember the comment by Bisbimg (2007) that “Eliminating the microscopical examination of hairs is, in my opinion, irresponsible because hairs can be so valuable in some of the most heinous crimes; therefore, hairs should not be ignored.” 5.4.4 Evidentiary Value of Cloth and Damages on Clothes

Since early days, the evidentiary importance of damages and tears in clothes has been stressed (Jones, 1959), and current authors have indicated the unique importance of tears in clothes in such circumstances as diagnosing self-­ infliction of injuries (Shkrum and Ramsay, 2007). Recent authors have discussed the relevance of cloth damages in forensic science (Robertson and Grieve, 1999; Saferstein, 2005; Taupin and Cwiklik, 2011), and some have recognized the relevance of identifying deliberate damages to clothes (Taupin, 2000; Daly et al., 2009). Damage to clothing is likely to be encountered as evidence in many of the crimes involving violence such as homi5.4.3.11 DNA Versus Morphological Analysis of cide, rape, vehicular accidents, instances of death due Hair to fall from height. Damages to clothing deserve to be treated as a special category of evidence in view Bisbing (2007) examined some of the post-­ of their twofold utility; in providing valuable inforconviction exonerations using DNA which have mation about the possible manner and/or implement revealed a problem with hair evidence and found that caused the damages as well as in relating those in many cases failure to follow certain basic tenets damages with cutaneous bruises and lacerations in proffered as being important in the field of hair the body. Consequently, the information obtained examination such as relating to the examiners’ from damages on clothes may prove to be useful in experience, time allowed to reach a decision, right corroborating or refuting a particular crime scenario. to report inconclusive results, access to background It has been noted that the examination of clothing information, and right to consult with a colleague. may not only provide associative evidence with perBy comparison, nDNA analysis of hair yields a sons or locations, but also tell the examiner a “story” virtual positive association with an individual. as to what happened during the crime event (Taupin Unfortunately, most hairs found at crime scenes do and Cwiklik, 2011). However, fabric damages have not possess sufficient root tissue to demonstrate an remained underutilized as evidence. nDNA profile. Although mtDNA can be extracted A major reason for overlooking damages to from the hair shaft, being maternally inherited, all clothes is the obvious importance given to the bodily

Cases of Death due to Traumatic Injuries

injuries during the inquest and also during the postmortem examination. Consequently, clothes receive very little attention when moving the dead body from crime scene or when removing the clothes prior to autopsy; it is indeed commonplace to find the clothes undergoing additional damages during the aforementioned processes. It would be prudent for the SOCOs to examine the clothes for damages in the crime scene itself before the body is moved. With the exception of gunshot-­ injury-­ related damages on clothes, there has been only a limited interest in damages in clothes, and few forensic science laboratories undertake analysis on damage to clothes as a separate, specialized field. In the research front, many of the publications relate to fiber fracture and fiber recovery studies, and there have been very few publications on the evidentiary value of damages on clothes. Instances are there wherein the controversies in the examination and interpretation of cloth damage evidence led to a confusion during criminal trials—a popular example being the case of Lindy Chaberlain in Australia in which, according to one expert, the ‘tufts’ in the torn edges of the clothes were characteristic of cut injuries, while another expert ascertained that similar ‘tufts’ could be found in the edges of tears caused by the canine too. The mother of the missing baby was found guilty for murdering the baby during 1982, and the conviction was quashed in 1988 with a final inquest held in 2012 confirming the initial conviction as wrongful (The Guardian, 2012). In forensic science, fabrics acquire relevance in multiple aspects; they may leave an impression of the pattern in a medium such as blood or may suffer damages that are characteristic of the manner that caused them or may leave one or two strands of the woven fibers as transferred trace evidence. In the field dealing with the comparison of weave patterns imprinted on a surface with the weave pattern in a fabric or with the damages on the fabric itself, the definitions of the following terminologies acquire relevance. Woven fabric: It is a fabric formed by weaving two sets of yarns, warp, and weft (filling). Warp: The set of yarn in woven fabrics that runs lengthwise and parallel to the selvage. It is interwoven with the weft (filling). Weft (filling): In a woven fabric, this set of yarn runs from selvage to selvage at right angles to the warp. It is interwoven with the warp. Selvage: The narrow edge of woven fabric that runs parallel to the warp. It is of stronger

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yarns in a tighter construction than the body of the fabric. Weave pattern: The pattern made by the warp and weft set of yarns in the woven state in a fabric. Crown: The raised portion of the strands in twisted cordage or a set of yarn. This is seen when the cordage is removed from the fabric. Pitch: The number of crowns per inch of the same strand. The texture in a fabric is attributable to the height of the crowns and the pitch in the yarns. Thinner strands such as those in a fine-­textured cloth like muslin have greater pitch number, while thicker strands in the coarse-­textured cloth such as denim have lesser pitch number. It has to be noted that the weave pattern is directly influenced by the pitch number as well as the manner in which the warp and weft fibers are woven. The SOCOs are suggested to study different types of cloth samples to observe the variations in warp and weft yarns and weave patterns. A portion of the size 1 × 1 inch of the fabric can be cut after identifying and marking the warp and weft fibers based on the selvage. The warp and weft cordages can then be teased out with tweezers to study the pitch details using a stereoscopic microscope. The same piece of cloth can be pressed on to a self-­inking stamp pad for recording its impression on a sheet of white paper and for comparing the characteristics with the pitch details. 5.4.4.1 Weave Patterns as Cloth Impression Evidence The weave patterns are often left as cloth impressions when the fabric comes in contact with a suitable soft or fluid medium. Morphological variations attributable to weave patterns caused by different fabrics can be useful in determining if the particular pattern observed in the circumstances of the crime scene could have been caused by a specific fabric that had contacted the patterned surface. In the case of self-­infliction of superficial incised injury followed by hanging (Case 4–10), the weave pattern of the shirt was seen imprinted on the bloodstained razor blade that was found inside the shirt pocket of the victim (Figure 4.57). As wet blood residue retains the contacting patterns due to transfer, it could be hypothesized that the razor blade had been placed inside the shirt pocket while

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the bloodstain was still wet. In the same case, the absence of damage in the cloth material of the inner wear covering the location of the superficial injury in the abdomen supported self-­ infliction of that injury after uplifting the inner wear (Figures 4.55 and 4.56). 5.4.4.2  Torn Cloth as Evidence When two pieces of fabric or cordage are encountered as evidence, physical matching should always be considered. When the piece is cut or torn, a physical match may be possible when the surface characteristics reveal a match (Case 4–15; Figure 4.84). Such matching characteristics must be documented by photography and with a detailed corroborative description. De Forest et  al. (1983) consider that both direct physical matching wherein the two torn edges physically fit with each other and the indirect physical match where the torn edges in juxtaposition reveal surface characteristics lead to a virtual certainty. Authors have considered physical matching as providing the best evidence in indicating the source and in reaching the most conclusive or absolute individualizations (Kirk, 1974; Roux et  al., 2000; James and Nordby, 2003; Jayaprakash, 2013). Physical fitting has been recognized as leading to individualization by the National Research Council (NAS Report, 2009). Among the uniqueness based individualizations in forensic science physical matching, as the most cardinal type (Jayaprakash, 2013), has been shown as occupying the inner most annulus in the midst of all the other types of identifications that are represented as concentric circles (Jayaprakash, 2013) See Figure  2.1 (adapted from Jayaprakash, 2013 with permission from Elsevier). 5.4.4.3  Damages on the Clothes Textile damages are likely to be caused by various effects that are broadly of three types, viz. mechanical, chemical, and thermal. The following discussion is focused on the damages caused due to mechanical effects as forensic casework predominantly relates with mechanical-­effect-­related damages. The subtypes of damages are differentiated, based on certain morphological characteristics that depend partly on the nature of the agency causing the damage although these characteristics may reveal some overlap. The relationship between the damages on the clothes and the wounds on the body depends on

the circumstances of the case. Stab wounds are invariably correlated with damages to the clothing, a factor facilitating reconstruction of crime. Aligning cut and stab holes in the layers of clothing may help determine clothing position and body position at the time of stabbing. Some stabs or cuts to clothing may not penetrate to produce wounds, or there may be multiple holes in the clothing reflecting a single stab through folds. Some wounds may not be associated with damage to the clothing; such as the self-­inflicted one on the body after adjusting the cloth as described in Case 4–10. The more common damages caused on clothes due to mechanical effects are described in the subsequent section. 5.4.4.3.1  Damages Caused by High-­Velocity Projectiles such as Bullets  Entry holes caused by bullets on

clothes are characterized, in typical instances, by somewhat regular and circular damages (see Figure 13.37). In close-­range shots, the cloth material surrounding entry holes may reveal depositions of components of gunshot residue (GSR) and fragments of the projectile embedded in the clothes (DiMaio, 1999). 5.4.4.3.2 Tears Caused due to High-­ Velocity Blunt Forces  High-­ velocity blunt forces such as those

caused during railway accidents or during the explosions due to high explosives result in shattering of the clothes. 5.4.4.3.3  Tears Caused due to Normal Usage (Normal Wear and Tear)  A tear in a fabric is severance

caused by the pulling apart of the material leaving ragged or irregular edges. During forensic analysis, the clothing has to be examined for identifying those damages that can be attributed to prolonged usage—such as unraveling of the hems and seams, snags, pilling, and thinning of the fabric prior to the formation of holes. 5.4.4.3.4  Tears Caused by Overstretching of Cloth  The

tears caused due to overstretching indicate irregular snapping of the fibers of the cloth. These damages occur when a portion of the clothes is pulled as it happens in a struggle and thus acquire significance during crime reconstruction. In a case of murder where it was alleged that the paramour stabbed a girl to death, tears caused due to overstretching were found in the freely hanging pallu part of the victim’s saree (Figures 5.56–5.58). Examination of the dead body revealed wounds indicating evidence of two weapons having been used on the deceased. Due

Cases of Death due to Traumatic Injuries

to overstretching beyond its threshold, the fibers of the yarns in the cloth in the pallu of the saree had snapped unevenly (shown by the sets of arrows in Figure 5.58) suggesting that the stretching force was not regularly distributed. This finding enabled a reconstruction indicating the probability that the girl could have been held fast by a person holding

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the saree, and further investigation revealed that the girl was murdered by her father and brother, the latter holding her saree preventing her from running away. The presence of injuries caused by two different types of weapons on the victim’s body and the tears due to overstretching seen on the victim’s saree, when viewed in conjunction, supported the

FIGURE 5.56  Locations of the three tears on the saree worn by the victim.

FIGURE 5.57  Diagrammatic representation of the damages on the saree caused due to overstretching the

cloth.

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FIGURE 5.58  Close-­up photograph of one of the

tears showing the uneven snapping of the fibers of the yarns in the cloth. The series of arrows indicates the course of snapping of the yarns.

involvement of more than one individual in assaulting that girl. 5.4.4.3.5  Tears Caused by Sharp-­Ended Objects  The

sharp ends of objects such as a sharp steel wire in barbed wire fence or the sharp tip of a sickle-­like beaky weapon that clasp on to cloth cause tears due to the dragging force consequent to clasping. Typically, these tears manifest as damages at right angles beginning from the point of initiation of tear viz. the point of clasping (large arrow in Figure  5.59) and also indicate the direction of progress of the tear by the angle in which the fibers swerve (series of smaller arrows in the two directions in Figure 5.59). The snapped tips of the swerved fibers also reveal uneven ends without evidence of sharp cuts, an indication characteristic of damage due to overstretching. 5.4.4.3.6 Cuts  A ‘cut’ is severance of fibers with

neat edges produced by a sharp-­edged instrument. Types of cut include the following.

Stab-­cut: These are commonplace in stab wounds produced by knives. Cuts caused on clothes by knives during stab may reflect the width of the knife blade in a more realistic manner than the size of the injuries as the injury size is influenced by the elasticity of the skin (see Figures 5.9 and 5.10 in Case 5–1). Directionality may be determined if the back of the blade produces different characteristics to the cutting edge (see arrows in Figure 5.10 in Case 5–1). Slash-­cut: These are generally produced by sharp-­ edged tools such as knife, razor blade, and scalpel, when they are used in a slashing motion evidencing a starting and finishing ‘point’. Some of these damages may penetrate the fabric completely or may penetrate intermittently. Scissor-­cut: These are damages characterized by the presence of ‘stoppages’ or small ‘steps’ produced in the opening and closing action of scissors as they cut along the cloth. Punctured damages: These are damages evidencing the penetration of the implement through the cloth producing an irregular hole. Abrasive damage: These are damages caused by the fabric material rubbing against another surface either due to the direct impact or impact with a sliding force. Such impacts may result in uneven thinning of the fabric material, fraying of fibers, and even formation of hole. The extent of the damages would correspond to the degree of the roughness of the impacting object and the impacting force. These tears are

FIGURE 5.59  A tear caused by the sharp end of a

billhook. The initiation of the tear is shown by the large arrow, and the direction of progress of the tear is indicated by the swerved ends of fibers shown by the series of smaller arrows.

Cases of Death due to Traumatic Injuries

characteristic in cases of fall from height, including falling into a well where the clothed surface of the victim comes in contact with rough objects like concrete or stone leading to tattering of the fibers (see Figures  8.21–8.24 in Case 8–2). During crime reconstruction, it may be possible to suggest the liveliness of a victim by relating tattered damages on clothes with corresponding cutaneous injuries on the body parts since injuries such as bruises and lacerations on the victim offer evidence on cardiac activities when sustaining such injuries. Animal damage: Bite marks and other severances may be produced on clothes due to the actions of the jaws and feet of an animal (canine, dog, mouse, rat, etc.). Insects such as moths and carpet beetles may ingest the fibers, producing small puncture-­l ike holes. Heat: These damages may range from minor burns such as slight scorching to complete combustion. The significance of smoke patterns caused on the surrounding objects during combustion of cloth is discussed in the chapter on death due to burns. Microbial damage: These are irregular damages oftentimes seen in the clothes in buried remains that are exhumed. Microbes destroy the fibers, more often the natural fibers than the synthetic ones. Thus, due to preferential damage, the fabric may reveal ‘pseudo-­cuts’ or tear-­like damages. 5.4.5  Evidentiary Value of Soil Soil is potential physical evidence that can relate persons and objects with crime scenes, and there is greater scope for utilizing soil evidence. The value of soil evidence is generally underestimated due to statements that soil samples even from nearby areas vary in organic and other constituents making it difficult to reach source attribution during forensic analysis. While this may appear correct as a general statement, it is also true that soil from fairly restricted sources are oftentimes encountered to be evidence in case work, and the characteristics of such soil samples, from both the scene and the control, are not prone to local changes that deter analysis when attributing source. Such examples include soil sticking to the Casuarina saplings that were derived from the soil inside the grave described in Case 5–3 discussed earlier, soil particles found sticking to the

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scalp hairs of the victim that originated from the soil in the place of struggle described in Case 4–12, soil retrieved from inside the nails that had possibly transferred from the soil inside the well during the flailing activities of the victim described in Case 10–3, and soil in the mud flakes that had fallen at the point of impact (POI) from the soil deposited on the mudguard of the vehicle involved in the collision described in Case 16–1. Evidently, the soil samples that occurred as evidence in all the aforementioned cases were limited to locations that are likely to retain sets of characteristics that remain more specific or peculiar and thus enable better attribution of source. SOCOs are reminded that there is greater scope for increased utility of soil evidence during crime scene investigation. 5.4.6 Entomological Evidence in Assessing Time Since Death in Decomposed Dead Bodies Recognizing the lack of uniformity in describing decomposition changes in human bodies, Goff (2009) suggested five stages of decomposition viz. fresh decay, bloated, decay or black putrefaction, post-­decay or butyric fermentation, and dry decay. However, the number of days taken for each stage differed depending on the ambient temperature and oftentimes overlapped (Galloway, 2001) rendering it difficult to judge the time since death based on the visual assessment of the decomposition stages. The destruction of the soft tissues in dead bodies is by the infestation of the maggots of necrophagous Dipteran flies among which the common species found in Asian countries like India and Malaysia include Chrysomya megacephala (Fabricius) (Oriental Latrine fly) and Chrysomya rufifacies (Macquart) (Hairy Maggot Blow Fly) (Byrd and Castner, 2001). Metallic blue and green in body color, respectively, these flies are popularly called blow flies due to the blowing noise they make while flying. Belonging to the family Calliphoridae, these Dipterans are synanthropic. They are diurnal although limited nocturnal activity including oviposition has also been noted in C. megacephala (Pritam and Jayaprakash, 2009). Being active during the daytime, the Calliphorid flies oviposit on dead bodies almost immediately after death unless physical barriers prevent their access to the dead body. The time taken for the different stages in their life cycle remains constant for a given ambient temperature, and thus is considered a reliable indicator when assessing the time since death in decomposed dead

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bodies. During less rainy seasons, C. megacephala are seen ovipositing on animal models on the first day; the first instar larvae hatching out on the second day; and the larvae of the second instar, third instar, and the prepupal (migrating larvae) being noted on the third, fourth, and fifth days, respectively. Pupae were noticed on the sixth day (during April–June at mean ambient temperature 28.25 ± 0.89ºC in Malaysia) (Mahat et al., 2009). Diagrammatic representation of the life cycle of C. megacephala until reaching the pupae stage indicating the minimal duration observed in Malaysia is shown in Figure  5.60. The eggs of both these species are seen in batches, and the first instar larvae do not exhibit particular spiracle morphology. The posterior spiracle of the second instar larvae

Day 6 Pupa

Day 5 Prepupa

Day 4 instar 3

have two slits while that of the third instar larvae have three slits (PS2 and PS3 in Figure 5.60). The SOCOs may note that the differences in spiracle morphology can be observed using a stereo microscope and thus can be used for inferring the larval growth stages in the crime scene itself. Similarly, the migrating stage can be recognized by the larval mass moving away from the dead body seeking to pupate. The larvae of C. rufifacies can be differentiated by the presence of hairy processes in the body segments (‘A’ in Figure  5.61) which are absent in the body segments C. megacephala (‘B’ in Figure 5.61). The pupal cases also reveal similar differences as shown by the empty pupal cases in Figure 5.62 ‘A’ and ‘B’) (Najwa, 2015–2016).

Day 1 Eggs

Day 2 Instar 1

Day 3 instar 2

FIGURE 5.60  Diagrammatic representation of the life cycle of C. megacephala. Note the morphology of the

posterior spiracles (PS-­2 and PS-­3), which enables assessing the larval instar.

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5.4.7  Identification of Skeletal Remains 5.4.7.1 Forensic Anthropology and the Types of Identification Problems

FIGURE 5.61  Morphological difference between the

larvae of C. rufifacies (A) and C. megacephala (B).

FIGURE 5.62  Morphological difference between

the pupal cases of C. rufifacies (A) and C. megacephala (B). Recognizing the oldest developmental stage of the larva at the crime scene can aid the SOCOs in suggesting the time since death in dead bodies that are decomposed provided the time taken for the particular species in that temperature is known. Erzinçlioglu (2003) recommends that maggots found in crime scenes must be collected and immersed in very hot (almost boiling) water, then transferred to a solution of acetic alcohol (3 parts 70% alcohol: 1 part glacial acetic acid) and that a few live maggots be kept on some meat or liver for culturing. The killed and live specimens of the larvae are to be preserved for further taxonomic examination and confirmation in laboratory.

Forensic assessment of human skeletonized remains and their environment falls under forensic anthropology (Krogman and İşcan, 1986), and the major focus is on establishing the identification of more or less skeletonized remains, either human or animal, recovered in a legal context. Recovery of human remains, whether partial or complete, necessarily follows the next stage of identification of the remains. Brues (1957/1958) recognized two basic types of identification problems: one, the “directed type” where the investigator has a strong presumption of identity and the other the “open type” where no prior presumption of identification is available. Many of the unidentified dead bodies recovered during routine investigation where some circumstantial evidence indicates possible identity belong to the directed types. Those decomposed or skeletonized dead bodies which continue to remain as unidentified without any clue toward possible identity belong to the open types and would require processes such as facial reconstruction for identification (Figure 5.63). When identifying decomposed remains, the most desirable peripheral evidence or antemortem exemplar evidence are those which depict skeletal traits that are specific for a particular individual and thus would enable the laboratory analyst in reaching conclusive opinion on identity. One such popular peripheral evidence type is any antemortem X-­ray of the suspected dead individual which would reveal stable bony details that can be compared with the postmortem radiographic records from the skeletal remains. Following such evidence, the SOCOs can obtain the commonplace evidence, face photographs of the suspected dead individual for conducting skull–photograph superimposition, a method that can suggest possible identification which, although not conclusive by itself, is still useful as corroborative evidence. Facial reconstruction, the process applicable for skull identification when peripheral evidence like face photographs are unavailable, is yet to acquire popularity in countries like India. The stages in the sequence of skeletal remain identification are: general trait assessments such as whether the remains are of human origin, assessing the sex and age of the remains where possible, and suggesting individual identification wherein the remains are attributed to a particular individual.

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ed ect Dir se ca Biological evidence (Skullunidentified)

Available peripheral evidence

Comparative methods

Antemortem Face photograph

Skull – photo superimposition Dental morphology superimposition Sinus pattern comparison

Antemortem Xray (Specific trait)

Suture pattern comparison

en Op e cas Biological evidence (Skullunidentified)

Reconstructive methods No peripheral evidence

Facial reconstruction

FIGURE 5.63  Types of identification problems in forensic anthropology.

5.4.7.1.1  General Trait Identification—Placing the Remains Within a Class  During the recovery of

major parts of a skeleton such as the skull and pelvis, the human origin would be obvious. In such remains, assessment of the other general traits relating to sex, age, etc., is routinely carried out in a forensic science laboratory. General trait identification aids in either including or excluding a large group and can still be helpful especially when fragmented bones are recovered in scenes where dead bodies are reported to have been incinerated for destroying identification. A part of burnt mandible revealing an inverted ‘T’-­ shaped mental triangle (arrow in Figure 5.64) can indicate the sex as male, or a portion of burnt auricular part of ilium revealing the preauricular sulcus (arrow in Figure  5.65) can be useful in suggesting the sex as female. Sieving the ash may yield a broken piece of root of tooth (Figure  5.66) which can aid in assessing human origin. In furtherance to incinerating the remains, the burnt bones may also be disposed of in more than one location. In one such instance where charred fragments of bones were recovered from two locations, the broken edges of two bones (‘3E’ and ‘3D’

in Figure  5.67) collected from a pond and a haystack, respectively, were found to physically match with each other (‘3E’ and ‘3D’ in Figure  5.68)

FIGURE 5.64  Inverted ‘T’-­shaped mental triangle

(arrow) in a burnt mandible as an indicator supporting sex assessment as male.

Cases of Death due to Traumatic Injuries

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indicating the origin of both fragments from a single individual. This example illustrates the need for preserving the bone fragments preventing damages to their edges for enabling possible physical matching and reconstruction during laboratory analysis. Commingling of bones from more than human being or from animal sources may also occur— turtle bones (Figure  5.69) were found along with the charred bones recovered from the pond in the aforementioned instance. When encountering fragmented remains, the SOCO must strive to collect every fragment of bone as many of the fragmented bones that reveal significant information on identification are usually FIGURE 5.65  A  preauricular sulcus (arrow) in a portion of burnt ilium as an indicator supporting sex assessment as female.

FIGURE 5.68  Physical matching between the bro-

ken edges of the two pieces of bones 3E and 3D establishing the origin of these pieces of bones from the same source.

FIGURE 5.66  A  broken piece of root of tooth

(arrow) aiding in assessing human origin.

FIGURE 5.67  Broken edges of two pieces of

charred bones (3E and 3D) recovered from two different locations.

FIGURE 5.69  Turtle bones found commingled with human bones.

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smaller in size such as parts of the mandible, portions of pelvic bone, and bones of the nasal region. Teeth may be loosely held in their sockets, and during fragmentation the teeth are likely to be lost. Teeth are vital for general trait identification as well as for individual identification when dental records are available. It should be always ensured that the entire complement of the teeth which is in consonance with the number of roots evident in the mandible and maxilla are collected from the scene and ensured to continue the effort to collect the missing teeth by sieving the soil/debris. 5.4.7.1.2  Individual Identification—Attributing the Remains to a Particular Individual  A crucial require-

ment for any criminal investigation relating to decomposed/skeletonized remains is establishing the individual identification. Antemortem radiographic records revealing bony details considered specific for an individual can be compared with corresponding radiographic details in a skull or other bones leading to suggesting conclusive identity of the remains thereby providing a definite lead during investigation. In the absence of such radiographic records, routine face photographs of the putative victim that are commonplace, a minimum of two photographs preferably in varying angles, must be secured for causing skull–photograph superimposition and for suggesting probable identification.

vascular structures remain relatively unchanged for a ‘normal’ life. The slow changes of aging and wear and tear will gradually alter the configuration of a given bone, but not to the extent of confusing identification. However, trauma, destructive disease, and surgery would modify the bone substantially. Dental Arches: Dental X-­rays offer details of the dentition, most productive anatomic areas for individual identification, whether by direct comparison with dental records or by radiological comparison. In an instance of a skeletonized remains recovered from a valley in a hill station, the skull revealed bilateral impaction of the maxillary canines (Figure  5.70). During skull–photograph superimposition, acceptable match between the face and skull images (Figure  5.71) indicated the identity of the skull as that of the victim on a probable basis. However, in a comparison of the antemortem dental X-­ ray that revealed the impacted canines, the details of the inter-­maxillary suture and the trabeculae (Figure  5.72) with the corresponding features in the X-­ray of the skull taken postmortem (Figure 5.73) offered conclusive proof on individual identification. Direct comparison of the dental arch revealed in a smiling face photograph with the morphology of

5.4.7.1.3 Use of Specific Bony Traits Recorded in Radiographs and Conclusive Identification  Specific

traits are those that are considered unique to the individual and thus enable gaining a sure or definite identification. Historic examples of specific skeletal traits used for conclusive identification include patterns of frontal sinus seen in roentgenogram (Culbert and Law, 1927), details of healed fractures in X-­rays (Beddoe, 1956), patterns of hand and wrist in X-­rays (Greulich, 1960a, 1960b), and patterns of lambdoid suture in X-­ray (Ferris and Stockdale, 1972). Murphy et al. (1980) describe an assortment of X-­ ray-­ based identifications. Regarding dental radiographs, Bernstein (1998) note that unlike subjective [written] dental records, radiographs supply objective data through the precise recording of the unique morphology of dental restorations and dento-­osseous anatomy. The principle underlying radiograph-­based identification is that upon cessation of skeletal growth, the general configuration of a bone, the shape and direction of its various processes and protuberances, and the pattern of its major trabeculae and

FIGURE 5.70  Unidentified skull revealing impacted

canine.

Cases of Death due to Traumatic Injuries

123

FIGURE 5.73  Postmortem dental X-­ ray obtained

from the skull revealing details of the impacted canines, patterns of the inter-­maxillary suture, and the trabeculae that correspond with those seen in Figure 5.72.

FIGURE 5.71  Acceptable match of the skull-­image

with the face-­image of a suspected dead individual during superimposition.

FIGURE 5.74  Anterior dentition in the skull oriented to correspond the posture of the male in the face photograph in Figure 5.75

FIGURE 5.72  Antemortem dental X-­ ray of the

suspected dead individual revealing details of the impacted canines, patterns of the inter-­maxillary suture, and the trabeculae. the dental arch seen in the skull can lead to conclusive identification. In addition to matching acquired features such as fracture and attrition (Figures 5.74 and 5.75) using the real-­time video superimposition technique, it is possible to superimpose the entire dental arch morphology seen in the face image with the one revealed in the skull for demonstrating point-­ to-­ point match all along the available

(adapted from Jayaprakash, 2013 with permission from Elsevier).

dental arch contour in both horizontal wipe mode (Figure 5.76) and vertical wipe mode (Figure 5.77) superimpositions. The SOCOs must make it a point to guide the investigation officers when identifying suitable antemortem face photographs for such purposes. Sinus patterns: The frontal sinuses are as unique to the individual as fingerprints. Even identical twins will have different frontal sinus patterns. Comparison of frontal sinus configuration is usually carried out in frontal view radiographs of the skull. Side-­ by-­ side comparison is recommended

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FIGURE 5.75  Anterior dentition revealed in the face photograph of the missing male. The pit in the left lateral incisor in the skull in Figure 5.74 is faintly revealed in the corresponding tooth in the male’s face photograph

FIGURE 5.77  Superimposed vertical wipe mode

image demonstrates point-­to-­point match between the patterns of the dentition along the entire vertical line of wipe.

(adapted from Jayaprakash, 2013 with permission from Elsevier).

FIGURE 5.76  Superimposed horizontal wipe mode

image illustrates the point-­to-­point match along the entire horizontal line of wipe. as the effective method for frontal sinus comparison (Hashim et  al., 2015). Surpassing the probable identification reached via skull–photograph superimposition, comparison of the sinus patterns in the antemortem X-­ray (Figure  5.78) with those in the post-­mortem X-­ray of the skull (Figure 5.79) enabled conclusive identification of the skull. Suture patterns: Proposing that the skull sutures have unique patterns, Chandra Sekharan (1985) demonstrated similarities in the suture patterns seen in the antemortem and postmortem skull radiographs of a murder victim and established definite identification. Definite identity of the remains

FIGURE 5.78  Sinus patterns in an antemortem

X-­ray of a missing individual. of a juvenile victim exhumed after about 40 days (Figure  5.80) was established by comparing the sutural contour similarity of a Wormian bone in addition to similarities in sutural configuration in an antemortem radiograph (Figure  5.81) with the features revealed in a radiograph of the skull taken postmortem (Figure  5.82) (Jayaprakash, 1997). The possibilities for morphological changes in skull

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FIGURE 5.81  Antemortem X-­ ray of the missing

individual revealing the contour of Wormian bone (adapted from Jayaprakash, 2013 with permission from Elsevier).

FIGURE 5.79  Sinus patterns in a postmortem

X-­ray of the skull.

FIGURE 5.82  Postmortem X-­ray of the exhumed

skull taken in the laboratory revealing a contour of Wormian bone similar to that seen in Figure 5.81 (adapted from Jayaprakash, 2013 with permission from Elsevier).

FIGURE 5.80  Remains of a victim exhumed after

about 40 days.

sutures during preadolescent growth stages and its implications in forensic identification have also been noted (Jayaprakash and Srinivasan, 2013). Vascular foramina and grooves and the pattern of bony trabeculae have also been found to be critical to the radiographic matching of some antemortem and postmortem images. Antemortem radiographic record revealing iatrogenic inclusions and metal implants in bones can also be compared with radiographs taken postmortem for establishing conclusive identity (Pushparani et al., 2012).

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5.4.7.1.4 Skull–Photograph Superimposition Leading to Probable Identification  Ever since the premier

identification of the two skulls in Ruxton case was done by Glaister and Brash (1937), skull–photograph superimposition gained global popularity, and refinements in the process are being continued—the recent effort being by a consortium of international laboratories under a project termed MEPROCS (Damas et al., 2020). Skull–photograph superimposition, also termed cranio-­facial superimposition, is an image overlay process wherein the image of a skull recovered in forensic context is superimposed on the face image of a once-­living person to whom the skull might have belonged to. Evidently, the skull, a bony object with a defined outline, is compared with a face-­image that is covered with tissues of varying thicknesses, and thus there have been cautions on the reliability of identification by this method. Stewart (1979) highlights the laudable caution by Glaister and Brash in their court testimony which stated that the ‘Skull No.1 could not possibly be the skull of Mrs. Ruxton . . . Skull No.2 might be the skull of Mrs. Ruxton’. In an experimental study, Austin-­Smith and Maples (1994) found failures to exclude to be about 9% when a single face photograph was used and about less than 1% when more than one photograph was used, a finding indicating the use of multiple face photographs as desirable. Researchers and practitioners are of the consensus that the superimposition method cannot generate confirmatory evidence on individual identification. It can be of value for exclusion while inclusion would have to be qualified as ‘the skull could have’ belonged to the person seen in the photograph. Technological advancements in the image overlay process include the introduction of video technique (Helmer and Gruner, 1977; Brown, 1982) which enabled real-­time size adjustment and image mixing, a major advantage over the photographic process. Computerization of the superimposition process is under active research (Nickerson et  al., 1991; Ubelaker et  al., 1992; Ghosh and Sinha, 2001; Ibanez et  al., 2009; Tan et  al., 2016; Tan et al., 2020). Refinements in the process of superimposition include those by Chandra Sekharan (1971, 1973, 1993), Maat (1989), Helmer and Gruner (1977), Iten (1987), Seta and Yoshino (1993), Cai and Lan (1993), Austin-­Smith and Maples (1994), Jayaprakash et al. (2001), and Jayaprakash (2015). Ubelaker (2015) recognizes the need for experience in assessing the uniqueness of features during superimposition and indicates the technological

advancements that are likely to continue to be important in cranio-­facial superimposition. The practical relevance of skull–photograph superimposition method is that the face photographs that are commonplace for many of the missing individuals can be compared with the skulls from unidentified dead bodies enabling possible identifications that can provide lead for investigation when homicide is suspected. Because of the unavailability of control DNA samples of missing individuals, DNA technology cannot be applied to identify unidentified dead bodies encountered in criminal cases, and, under such contingencies, skull-­ photo superimposition is the only viable method to identify such remains. This method continues to be popular in some laboratories such as the Forensic Sciences Department, Tamil Nadu, India, where this technique has been employed in 1,134 cases leading to 200 court testimonies (Misra and Damodaran, 2010). On occasions, skulls and other bones may be recovered in a shattered state. SOCOs may remember that standard procedures have been described (Jayaprakash et  al., 2017) for reconstructing the skull when the bones are in pieces (Figure 5.83). Figure  5.83 series illustrates the major stages in the reconstruction of skull when the bones are recovered in pieces (A). The reconstructed maxillary component (B) can be matched with the mandibular component (C) which can be matched with the fronto-­orbital component (D) followed by the vault component (E) to obtain the skull suitable for use during skull-­photo superimposition. The pieces are stabilized using copper-­braces, and the locations of physical match are shown in black arrows while the bone-­missing areas are shown by white arrows. The problem of unidentified dead bodies has been well documented in forensic science, and anthropological methods including skull-­ photo superimposition have been indicated to be possible solutions (Anderson, 2008; Anderson and Parks, 2008; Hinkes, 2008; Fenton et  al., 2008; Jayaprakash et  al., 2010; Gaudio et  al., 2016). Lusiardo et  al. (2020) describe the application of skull-­photo superimposition in identifying human remains in Uruguay. Categorical instances of dead bodies pertaining to homicides being disposed of as unidentified has been noted in South Africa (Evert, 2011), India (Chattopadhyay et  al., 2013), and Malaysia (Jayaprakash et al., 2010). It is a matter of serious concern that dead bodies known to belong to victims of homicide are also finally disposed of as unidentified bodies resulting in a dead

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need for a shift in research focus in forensic anthropology from class-­level identification to individual identification in universities has been indicated to be relevant for countries like India (Jayaprakash et al., 2020). 5.4.7.1.5 Summary on Skeletal Identification  The

SOCOs and investigation officers are suggested to consider the following when dealing with unidentifiably decomposed or skeletonized human remains:

FIGURE 5.83  Series of the major stages in the reconstruction of skull when the skull bones are recovered in pieces (adapted from Jayaprakash, 2017 with permission from JFI).

end for the investigation of all such cases of murder. In the aforementioned context, every investigator is reiterated that skull–photograph superimposition, though not an official method of identification for reaching conclusive identity of human remains, is the only available method offering the scope for suggesting possible identity of unidentified dead bodies of such murder victims since photographs of missing individuals are commonly available. Once a lead is provided on the possible identity, further investigation usually leads to discovering the motive. The identity revealed by the superimposition method would open up the scope for identifying the relatives of the putative dead individual, and the biological samples from such relatives can be used for DNA analysis to affirm the identity. In this context, the

a) Collect and preserve the skull as such following the procedure described in the Appendix. Here, special care must be taken to collect all the fallen teeth and to affirm their identity in consultation with the medical doctor conducting the autopsy. Following this, initiate efforts to collect peripheral evidence relating to the missing individual for carrying skull-­ photo superimposition or radiographic comparison. b) All the shattered pieces of bones of skull must be collected as procedures are available to reconstitute broken pieces to form the skull and to carry out superimposition with the available face photographs (Jayaprakash et al., 2017). c) Because specific skeletal traits enable reaching conclusive identification, the SOCOs and IOs must endure to collect antemortem X-­rays of the head (showing sinus or skull suture patterns) or metallic implants that can be compared with corresponding patterns in the X-­ rays recorded postmortem. d) The SOCOs and IOs must also endure to obtain smiling face photographs of the putative victims revealing the anterior dentition which would enable superimposition with the dental pattern in the skull enabling identification on conclusive basis.

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Taupin, J. M. Clothing damage analysis and the phenomenon of the false sexual assault, J Forensic Sci., 45 (3) (2000): 568–572. Taupin, J. M. and Cwiklik, C. Scientific Protocols for Forensic Examination of Clothing, Boca Raton, FL: CRC Press, 2011. The Guardian. Dingo baby ruling ends 32  years of torment for Lindy Chamberlain, 12 June, 2012. Available at: www.theguardian.com/world/ 2012/jun/12/dingo-­baby-­azaria-­lindy-­chamberlain Ubelaker, D. H. Craniofacial superimposition: Historical review and current issues, J Forensic Sci., 60 (6) (2015): 1412–1419. Ubelaker, D. H., Bubniak, E. and O’Donnel, G. Computer-­assisted photographic superimposition, J Forensic Sci., 37 (1992): 750–762. Vanezis, P. Sharp force trauma, in Forensic Medicine: Clinical and Pathological Aspects, Payne-­ James, J., Busuttil, A. and Smock, W. (Eds.) London: Greenwich Medical Media Ltd., 2003, 307–319. Wonder, A. Y. Blood Dynamics, San Diego, CA: Academic Press, 2001. Yoshino, M., Sato, H. and Seta, S. Hair-­ Deoxyribonucleic acid typing, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000, 1025–1032.

Chapter

6

Scheme for Exhuming Buried Human Remains 6.1 INTRODUCTION Exhumation has long been recognized as a process involving collective effort of people of multiple enterprises that can be of priceless advantage for an investigation when carried out carefully (Gross, 1906). In India, Criminal Procedure Code (CrPC) prescribes that the Magistrate may cause a buried dead body to be disinterred when the need arises. It is customary that the investigation officers request the Executive Magistrates to carry out exhumations in the presence of the medical doctors authorized to conduct the postmortem examination. Unlike a streamlined procedure available for crime scene search with the responsibility to execute them bestowed on the investigation officer, the procedure for exhumation is rather pliant and customary as well. Furthermore, the involvement of multiple authorities like magistrate, medical doctor, SOCO, investigation officer, and other assisting staff members during an exhumation oftentimes creates a scenario where everyone feels connected, and nobody is in-­charge. By virtue of its relative rarity in occurrence, carrying out an exhumation is likely to be viewed as an out of the ordinary responsibility thereby challenging the participating officials in reaching unanimous operating decisions. Some authors recommend the presence of an anthropologist during an exhumation (Busuttil, 2003) although it may not be possible to obtain such assistance in all cases. The procedure recommended in this chapter would be useful as being optimal for the routine types of exhumations encountered during investigations. The flowchart prescribes the important steps in the process of exhumation with the steps considered essential shown in bold boxes. Contrasting the qualified personnel involved hands-­on in crime scene investigations, the physical process of digging out a dead body is usually left in the hands of grave diggers. Consequently, the exhumation process may not follow a scientifically

DOI: 10.4324/9781003267096-6

endorsed sequence similar to the one followed during archeological excavations thereby leading to a possible loss of evidence. Evidence lost during an exhumation are, without exception, to be reckoned as forfeited once and for all. As a result, it is not uncommon to find investigation officers becoming complacent believing that the evidence collected during an exhumation was all that was really available in the burial site. One such scenario during exhumations is the complacence when failing to locate the loosened teeth that are lost with the excavated soil. Although sieving the soil has been generally recommended during exhumations, it has been found that particular search for teeth by sieving the excavated soil proves effective in recovering the fallen teeth that get mixed-­up in the soil. Exhumations oftentimes relate to complex situations which may range from intentional disposal of a dead body after murder or suspicious death to disinterring a body for a second postmortem examination to clarify allegations relating to the cause of death. The procedure for exhumation is described by many authors, and the stages of exhumation prescribed in this chapter follow the one suggested by Dupras et  al. (2012). The items of implements that have been found to be more relevant and the procedures that are of crucial importance are boxed in bold outlines in the flowchart. The phases illustrated in this chapter are those that are considered basic and include the stages recorded when exhuming donated human remains that had been interred in Universiti Sains Malaysia as part of Work-­Based Learning for the students designed by the author. Conventionally, the object of exhumations focuses on establishing the cause of death. It has to be remembered that all possible evidence useful for establishing the identity of the deceased are also to be collected when exhuming human remains. In some countries, it may be customary for investigation officers to preserve the skull for ascertaining the identity by seeking skull–photograph

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Crime Scene Investigation and Reconstruction

superimposition. In this regard, it must be borne in mind that all the loosened or fallen teeth must be collected from the burial site since these would enable comparison with the available antemortem dental records or with the dental morphology revealed in antemortem face photographs in smiling postures. When preserving the skull, it is also desirable to preserve the pelvic bone since the latter

is a superior indicator of sex. Particular importance must be given to the recovery of bones capable of evidencing specific skeletal trait characteristics such as the dental arches, sutural or sinus configurations in skull, implants, and acquired deformities in bones which can lead to conclusive individual identification when comparable antemortem radiographic records are recovered.

6.1. FLOW CHART FOR EXHUMATION 6.2  FLOWCHART FOR EXHUMATION EXHUMATION SCENE BURIAL SITE Recording the Exhumation Area

SKETCH (TOPOGRAPHY)

HIGHLIGHTS - PERMANENT LANDMARK - MEASURE USING COORDINATE METHOD (COMPASS DIRECTION BASED)

PHOTOGRAPHY (TOPOGRAPHY)

HIGHLIGHTS - PERMANENT LANDMARK RELATIONSHIP

CHRONOLOGICAL SEQUENCES IN THE EXHUMATION PROCESS—WITH PHOTOGRAPHY AND SKETCHES 1

2

3

4

5

SURFACE SOIL DEPOSITS

REMOVING SOIL IN GRAVE

SEQUENCES

SEQUENCES

SEQUENCES

SEQUENCES

SEQUENCES

- CONTEXT DETAILS

- INITIAL SOIL COLOR

- DEPTH OF REMAINS

- PATELLA, LEGS

- WASH OFF TISSUES

- SKETCH OF REMAINS

- HAND BONES

- EXTENT OF AREA - LOOSE SOIL

- COLOUR CHANGE IN SOIL—SAMPLING

- LOSS OF VEGETATION

-WRAPPING MATERIAL

- RECENT GROWTH OF VEGETATION - INSECT ACTIVITIES

- OTHER COVERINGS— COFFIN

EXPOSING THE REMAINS

- PHOTOGRAPH THE REMAINS

- SKULL LOCATION - FEET LOCATION

- EXPOSE THE REMAINS

- ENTOMOLOGICAL EVIDENCE - SCRAPE THE SOIL AROUND THE BODY

EQUIPMENTS

EQUIPMENTS

EQUIPMENT

- FAN-SHAPED RAKE

- MECHANISED DEVICES (IF DEPTH IS KNOWN)

- BRUSHES

- PROCEED WITH CLEANING

- BRUSHES - FLAT BLADE SHOVEL - LARGE SEIVE - METAL BASKETS

- HAND TROWELS - BRUSHES OF HARD AND SOFT TYPES - FLAT BLADE SHOVEL - LARGE SEIVE

- WOODEN/ PLASTIC SPOONS - BROAD TWEEZERS - WATER BOTTLES WITH NOZZLES - SOIL SAMPLES FROM ABOVE

REMOVING THE REMAINS

- PELVIS, SACRUM - VERTEBRAE. RIBS, STERNUM - CRANIUM, TEETH

RECORDING THE REMAINS

- DISPLAY IN ANATOMICAL POSITION - EXTRA CARE FOR FRACTURED/ SMALL BONES, TEETH, ETC.

- LOOSE HAIRS

SOIL BELOW THE BODY—FOR TOXICOLOGICAL ANALYSIS EQUIPMENT - BRUSHES - WOODEN/ PLASTIC SPOONS - DENTAL PICKS, BAMBOO SKEWERS - WATER BOTTLES WITH NOZZLES

EQUIPMENT - BRUSHES - WOODEN/ PLASTIC SPOONS - DENTAL PICKS, BAMBOO SKEWERS - TOOTH BRUSHES - MAKE-UP BRUSHES - WATER BOTTLES WITH NOZZLES

- TOOTHBRUSHES

6.3  BASIC STAGES IN THE PROCESS OF EXHUMATION 6.3.1  Making the Sketches During Exhumations In as much as the sites where the bodies are buried are oftentimes in areas that are open, the SOCO must take especial measures to offer the precise location of the grave in the sketches that are prepared. Initially, an aerial view sketch needs to be drawn showing the location of the burial site using

coordinate method (compass direction based) (Figure 6.1). Once the remains are exposed, another sketch illustrating the burial pit with its dimensions can be drawn (Figure 6.2). 6.3.2  Describing the Surface Soil Characteristics Surface soil characteristics may reveal marked color differences when the burial or disinterment is recent (arrow in Figure 5.23). In an area lacking

Scheme for Exhuming Buried Human Remains

135

FIGURE 6.2  Isometric view of the burial pit drawn

after exposing the remains. vegetation, the surface may simply reveal a mound (arrow in Figure 6.3). Note the considerable number of individuals gathering from different agencies during an exhumation. This photograph (Figure  6.3) was taken when the witnesses identified the location of the burial site. 6.3.3  Choosing the Method for Digging

FIGURE 6.1  Aerial view sketch of the burial site

made applying the coordinate method.

Use of a mechanized device (Figure  6.4) can be resorted to during the initial stages of digging the soil, provided constant caution is exercised not to disturb the remains during the progress of the digging process. Once there is visible evidence of wetness in soil or any wrapping of the remains

FIGURE 6.3  Photograph illustrating the identification of the burial site.

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Crime Scene Investigation and Reconstruction

(Figure 6.5), digging has to be done using shovels or plastic spoons (Figure 6.6).

6.3.4  Recording the Entomological Findings The finding of larval specimens such as the white grub in Figure 6.7 may provide clue on the duration for which the burial site had remained undisturbed. White grubs are known to live under soil for months before completing their growth. 6.3.5  Exposing the Remains The remains that are exposed may have a cloth cover (Figure  6.8) or may be found kept inside a coffin

FIGURE 6.4  Use of mechanized device for the ini-

tial digging of the grave.

FIGURE 6.6  Further progression of the digging

process using plastic spoons after the exposure of the wrapping material.

FIGURE 6.5  Visible evidence of the remains indi-

cated by the wrapping material.

FIGURE 6.7  A  grub, entomological evidence observed during exhumation. Such evidence are to recorded and collected.

Scheme for Exhuming Buried Human Remains

137

FIGURE 6.8  Cloth covered remains exposed during exhumation.

FIGURE 6.9  Remains kept inside a coffin filled with salt found in an exhumation.

(Figure  6.9). Occasionally, only a part of the body such as the plaited hairdo (arrow in Figure 5.24) may be recovered during exhumation. Once the remains are exposed, the digging process has to focus on

carefully clearing the soil surrounding the remains. When the dead body is relatively less decomposed, the body itself has to be disinterred for postmortem examination by the medical doctors. In case the

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Crime Scene Investigation and Reconstruction

remains are in skeletonized state, the bones are to be removed sequentially for examination by the medical doctors.

and tibia and fibula (Figure 6.12). This can be followed by the hand bones and followed by the femur and pelvis (Figure 6.13).

6.3.6 Sequence Recommended for Collection of Bones

6.3.6.2  Collection of the Other Bones

6.3.6.1  Bones of the Limbs and Pelvis In the lower limb, the collection of the bones should be started beginning with the patella (Figure 6.10) and progressing through the foot bones (Figure 6.11)

In the torso, the collection should be started with the sternum (Figure  6.14) and proceeded through the ribs and vertebrae (Figure 6.15) ending with the mandible and cranium (Figure 6.16). Hairs adhering to the cranium must be separately collected (arrow in Figure 6.17), and the cranium must be held firmly supported by the hands (Figure 6.18) since it would be heavy due to sand filling the cranial space. It is cautioned that the skull should never be held or

FIGURE 6.10  When gathering the bones, the col-

lection starts with the patella.

FIGURE 6.12  Collection of tibia and fibula.

FIGURE 6.11  Collection of foot bones.

Scheme for Exhuming Buried Human Remains

139

FIGURE 6.15  Collection of ribs and vertebrae. FIGURE 6.13  Collection of femurs.

FIGURE 6.16  Collection of the cranium.

manipulated by inserting fingers inside the foramen magnum, a typical slipup that may cause damage to the skull due to the weight of the soil inside the vault or because of preexisting fractures. The soil must be sieved for collecting loosened teeth especially when loss of teeth is indicated. In the aforementioned exhumation, there was no evidence of loss of teeth. FIGURE 6.14  Collection of sternum.

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Crime Scene Investigation and Reconstruction

FIGURE 6.17  The hairs adhering to the skull (arrow) must be collected separately.

FIGURE 6.18  When handling the cranium, it should always be supported with both the hands.

6.3.7  Anatomical Display of the Bones Collected

6.3.8  Final Preparation of the Skull

Displaying the collected bones according to their anatomical relationships (Figure  6.19) enables verifying the completeness in the recovery of the bones in addition to recognizing bones that can be used for specific skeletal trait identification such as those exhibiting extra calcification and evidence of implants.

After the examination, the skull and mandible or the pelvic bones may be subjected to processes of cleaning by maceration and bleaching that are usually done by trained anthropologists in forensic science laboratories. The cranium and mandible exhumed (Figure  6.16) were similarly cleaned and prepared in the university laboratory. The skull

Scheme for Exhuming Buried Human Remains

FIGURE 6.19  Display of the collected bones accord-

ing to their anatomical relationships.

and mandible can then be articulated and mounted appropriately (Figure 6.20) and used for skull–photograph superimposition for suggesting individual identity when the face photographs of the suspected dead individual are available. 6.3.8.1 Postscript It is noted that recovering and examining the entire skeleton are essential processes during any exhumation since the entire remains are to be examined for injuries, etc. However, the skull and pelvic bones are to be preserved for anthropological analysis for establishing identity. The collection of other bones can be decided on a case-­specific basis depending on the analyses that may be conceived on the autopsy findings and the relevance of additional analysis based on healed

141

FIGURE 6.20  View of the skull after maceration and bleaching. The skull articulated with the mandible is shown mounted for establishing individual identification using skull–photo superimposition method.

bone injuries, metal implants, etc., that may aid in individual identification.

REFERENCES Busuttil, A. Scene of crime—The pathologist and others, in Forensic Medicine: Clinical and Pathological Aspects, Payne-­James, J. Busuttil, A. and Smock, W. (Eds.) London: Greenwich Medical Media Ltd, 2003. Dupras, T. L., Schutz, J. J., Wheeler, S. M. and Williams, L. J. Forensic Recovery of Human Remains: Archaeological Approaches, Boca Raton, FL: CRC Press, 2012. Gross, H. Criminal Investigation: A  Practical Handbook for Magistrates, Police Officers and Lawyers, Adam, J. and Adam, J. C. (Trans) Madras: Krishnamachari, 1906.

Chapter

7

Scheme for Investigating Cases of Death due to Burns 7.1 INTRODUCTION In India, suicide by burning is common among Indian females (Subrahmanyam, 1999). Allegations that victims had been burnt do crop up, and, on some occasions, such allegations have been upheld as cases that came to be termed as ‘wife burning’ or ‘bride burning’. However, there has been an eyebrow-­raising increase in the incidences of ‘wife burning’ from 670 in 1975 to 1,676 in 1979 (cited by Palriwala, 2010). In one case of ‘wife burning’, the Supreme Court of India noted that the plea of suicide was not ‘pressed into service’ by the defense (State Delhi (Administration) vs. Laxman Kumar & Ors on 23 September 1985, Supreme Court of India, 1986 AIR 250, 1985 SCR Supl. (2) 898). Among the remaining possibilities, viz. ‘accidental fire’ and ‘being put on fire’, the latter was held to be supported by the statements of witnesses and by the dying declaration of the victim leading to convicting the mother-­in-­law and another male individual for life imprisonment for putting the victim on fire. In this case, ‘suicide’ as another alternative manner of death was, by choice, not hypothesized, and, in addition, there was no mention of the presence of any scientific evidence at the crime scene to either preclude suicide or distinguish between ‘being put on fire’ and ‘accidental fire’. Including suicide also as another alternative hypothesis and then evaluating scientific evidence from the scene of occurrence are considered desirable to support concluding any manner of death, inclusive of the victim being put on fire, as scientifically sustainable. The importance of crime scene investigation in concluding the manner of death in cases of deaths due to burns has been well recognized both by pathologists (Benz, 1980; Shkrum and Ramsay, 2007) and by forensic investigators dealing with fire investigations (DeHaan, 2002). Apart from reinforcing such recommendations, the cases described

DOI: 10.4324/9781003267096-7

in this chapter would also make it evident for the readers that crime scene observations by themselves do stand alone as evidence offering support for reconstructing the movement of the victim while still ablaze—an inference sufficient to repudiate the hypothesis that the burning was post-­mortem. Recognizing such evidence during the initial examination of the crime scenes would negate many of the theories that are likely to confuse the course of investigation. The flowchart prescribed has been designed to enable the SOCOs in exploring the multifarious forensic aspects relating to scene investigation involving death due to fire on a step-­by-­step basis. The discussion incorporates some myths and facts relating to crime scene observations in deaths due to fire and then focuses on some of the major observable manifestations in crime scenes that are relevant for those SOCOs desiring to make reconstructions in cases of death due to burns. These include the contextual facts relating to death due to burns in India, importance of those observations that indicate mobility of victim while aflame, relevance of crime scene findings when deciding the manner of death, burn patterns as being the universal indicators of localized burning, lack of commensurability in burn patterns as indicator of movement, and the predicaments attributable to lapses in observing and reconstructing scenes of death due to burns and possible remedial measures. An aspect that deserves particular mention is the discussion relating to the scientific evidence supporting the fire victim’s irrational and disoriented behavior when moving about while aflame which acquires relevance when interpreting possible peri-­ mortem injuries on the deceased. It is hoped that these information would enable the crime scene investigators to explore for observable evidence that would be relevant for reconstructing scenes of death due to burns.

143

ABRASIONS - If any - Size and direction

CHAR/SMOKE PATTERN – IN BODY - Relatively and entirely protected areas - Contact/free areas - Front/ Back /Sides - Limbs

OTHER INJURIES - Bleeding - Loss of tissues

LACERATIONS If any

• Consider the fire/accelerant source, and localized burn evidence in SOC when hypothesizing on the movement of the victim. • Study the burn patterns in the body, the clothes and SOC for commensurability when hypothesizing on antemortem or postmortem nature of burns.

CUES FOR RECONSTRUCTION

CHAR IN CLOTHING - Relatively and entirely protected areas - Contact/free areas - Front/ Back/Sides - Others

Contact and free areas in body - Front / Back - Side - Limbs

PERIPHERAL SMOKE PATTERNS - Extent - Direction

CONTUSIONS - If any

EXTENT OF BURNS - Relatively protected areas - Entirely protected areas

INJURIES

OVERALL - Pugilistic - Reclining - Supine - Others

POSTURE

DEAD BODY

OBSERVATIONS

STATUS OF LATCHES - Doors - Windows

BLOODSTAIN PATTERNS

PROTECTED AREAS Protected areas in heat disfigured objects - floor, walls etc. - clothing, body etc. - other objects Relate with fire origin, localized burn and/or movement

CHAR EVIDENCE - screens - wall hangings - clotheslines

SMOKE PATTERNS - Dense/sparse - Localized ‘V’ shaped - Others

ACCELERANT - Container - remnant - Burned tracks - Drained stains-pattern - Others

FIRE SOURCE - Matches - Match box – parts - Burnt or unburnt - Others - Absence – if so

SOC

CRIME SCENE

Include measurements wherever possible

- Latch and bolts

- Distribution of burnt clothing

- Protected areas – their distribution

- Location of fire initiation

HIGHLIGHTS

- Include cardinal directions

- Ground plan - Elevation view - Isometric view

OVER-ALL SOC

SKETCH

Record the commensurability between the char pattern in the body with burn pattern in the clothes and scene wherever possible

CHAR IN CLOTHING - Contact/free areas - Front - Back - Others

CHAR/SMOKE PATTERN - Relatively and entirely protected areas - Contact/free areas - Front - Back - Side - Limbs

PERIPHERAL SMOKE PATTERNS - Extent - Direction

POSTURE

DEAD BODY

SOC

OTHERS

IMPRINT EVIDENCES – SCALED PHOTOS

TRACE EVIDENCES

LATCHES OF DOORS / / WINDOWS Showing smoke patterns

BLOODSTAIN PATTERNS

CHAR EVIDENCE - screens - wall hangings

SMOKE PATTERNS - Dense/sparse - Localized ‘V’ shaped - Others

PROTECTED AREAS Protected areas in - clothing - other objects

ACCELERANT - Container - remnant - Burned tracks - Unburned stains

FIRE SOURCE - Matches - Match box – parts - Burnt or unburnt - Others

OVER ALL

PHOTOGRAPHY

7.1. FLOW CHART FOR INVESTIGATING DEATH DUE DUE TO BURNS 7.2  FLOWCHART FOR INVESTIGATING DEATH TO BURNS

144 Crime Scene Investigation and Reconstruction

Investigating Cases of Death due to Burns

145

7.3  CASE STUDIES—CASES 7–1 AND 7–2 CASE 7–1: DEATH IS DUE TO BURNS—MANNER REMAINED EQUIVOCAL THE CASE A female aged 25 years was found dead with burn injuries in the open terrace on the upstairs of her

house (Figure 7.1). On the floor of the terrace, a charred area was found in the location marked ‘A’ in Figure  7.1, and the dead body was found

FIGURE 7.1  Isometric view of the scene made during the course of reexamination incorporating the various observable evidence.

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Crime Scene Investigation and Reconstruction

FIGURE 7.2  Photograph of the charred area on the floor taken during the initial investigation and

shown marked as ‘A’ in Figure 7.1. lying about 9  m north-­east of that area at the locations marked ‘D’, ‘F’, and ‘I’ in Figure  7.1. Bloodstains and smoke depositions were found on the parapet wall in locations marked ‘G’, ‘E1’, and ‘E2’ in Figure 7.1. The parents of the victim averred that the victim was killed, and the dead body was burnt to simulate suicide. On a request for reexamination of the crime scene, this author examined the scene about 5 days after the occurrence. The photographs taken of the scene immediately showing the dead body and the physical evidence collected during the initial investigation were also studied. The observations made in the scene during the reexamination are described following the markings in the rough sketch of the open terrace in Figure 7.1. PRIMARY HYPOTHESIS The victim was killed or immobilized and then burnt—supports homicide. ALTERNATIVE HYPOTHESIS The victim was alive and moved about while burning—supports suicide. SEQUENTIAL HYPOTHESIS 1 The location of charred area (Figure 7.2 and also marked as ‘A’ in Figure 7.1) indicates the location of accelerant residue and active burning.

Observed premises a) The floor surface of the terrace in the location marked ‘A’ in Figure 7.1 revealed blackened and burnt residue covering an area of about 3.1 m × 1.4 m (Figure 7.2). b) A  heat-­ disfigured kerosene can (black arrows in Figures  7.2, 7.3, and 7.4) was found in the eastern side of the area marked ‘A’ in Figure 7.1. On removing the can with residual kerosene, a protected area corresponding to its base was seen on the floor (marked ‘C’ in Figure  7.4). A can of wood polish of ‘Sheenlac’ brand, partly filled with the polish, was also seen nearby (blue arrow in Figures 7.2 and 7.3). Accepted (major) premises a) Burnt residue on the floor indicates the area of spread of the liquid accelerant on the floor followed by burning. b) Heat disfiguring of plastic items and protected area corresponding to their base indicate localized burning (DeHaan, 2002; DeHaan and Icove, 2014). Reconstruction The location ‘A’ was the site of active burning of accelerant, and the kerosene container was in the location ‘C’ within the zone ‘A’ in Figure 7.1 during the phase of active burning.

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147

FIGURE 7.3  Heat-­disfigured kerosene can (black arrows) in the eastern side of the area marked ‘A’ in

Figure 7.1 photographed during the initial investigation.

FIGURE 7.4  Protected area (marked ‘C’) cov-

ered by the base of the heat-­disfigured kerosene can (bold arrow)—observable evidence recorded during the reexamination of the scene. SEQUENTIAL-­H YPOTHESIS 2 The fire had initiated in the zone marked ‘A’ in Figure 7.1. Observed premises a) An irregular charred bit of glossy paper revealing colored printed impression similar to a match box label (Figure 7.5) had been recovered during the initial investigation from the location marked ‘B’ in the zone ‘A’ in Figure 7.1. During the reexamination, the floor surface in that location revealed a protected area

FIGURE 7.5  A  charred bit of paper remnant

recovered from the zone marked ‘A’ in Figure 7.1. of a size similar to the size of a match box (corners of the protected area indicated by the white arrows in Figure 7.6). Within the aforementioned protected area was another protected area (black arrow in Figure  7.6) which revealed a contour similar to that of the charred paper shown in Figure 7.5. b) The printed design in the charred bit of paper remnant (Figure  7.5) was similar to the design in the label of the box of matches (brand: Sugandhi) available in the victim’s house (Figure  7.7) and obtained during the reexamination. The enlargement in Figure 7.8 illustrates the

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Crime Scene Investigation and Reconstruction

FIGURE 7.8  Enlarged view of the similarity displayed in Figure 7.7. FIGURE 7.6  Protected area covered by the

charred paper remnant (black arrow) along with the rectangular protected area (white arrows) observed in zone marked ‘A’ in Figure 7.1 during the reexamination of the scene.

phase of active burning (DeHaan, 2002; DeHaan and Icove, 2014). b) Matching between printed designs from two different sources supports common origin. Reconstruction The location of the impression of partly protected area corresponding to the size of match box with the paper remnant revealing part of the printed design that corresponds to the design in label of match box within zone ‘A’ supports the use of a match box to initiate the fire in that locality. The possible origin of that match box from the scene house is supported by the availability of match boxes with similar label designs in that house.

FIGURE 7.7  Similarity between the printed designs on the charred paper remnant and the  label of the box of matches available in the scene house that was brought out during the reexamination.

similarities between the printed designs of the intact match box label and the charred bit of the label, one correspondence shown using a white arrow and another using a black arrow. Accepted (major) premises a) Protected areas in a fire scene are definite indications of locations occupied by objects of similar structures during the

SEQUENTIAL HYPOTHESIS 3 The victim continued to burn in the vicinity of the location marked ‘D’, ‘F’, ‘I’, ‘J’, ‘E1’, and ‘E2’ where the dead body had been found, i.e., about 9-­ m northeast of the zone ‘A’ as shown in Figure 7.1. Observed premises a) A  photograph taken during the initial investigation (Figure  7.9) showed the dead body lying at a location about 9-­m northeast of zone ‘A’ shown in Figure 7.1. During the reexamination, the surface of the parapet wall near the dead body revealed areas of ‘V’-­shaped smoke deposition (‘E1’ and ‘E2’ in Figure 7.9 and ‘E1’ in Figure 7.10). These burn patterns evidenced active localized upward burning

Investigating Cases of Death due to Burns

149

FIGURE 7.9  Victim’s burnt body lying at a location about 9-­m northeast of zone ‘A’ shown in Figure 7.1

photographed during the initial investigation. Note the evidence of localized smoke depositions ‘E1’ and ‘E2’ marked on the photograph during the reexamination of the scene. of combustible materials which stayed stuck to the wall surface in locations now seen as protected areas devoid of smoke stains in the midst of smoke stained ‘V’ shaped patterns (‘E1’ in Figure 7.10). b) Bloodstain patterns found on the parapet wall (‘H’ and ‘G’ in Figure 7.10) were also studied during the reexamination. Bloodstain patterns found on the floor also corresponded to the posture of the arm of the dead body (marking ‘D’ in Figures 7.11 and 7.12). Charred remains of cloth indicating localized burning were found in that region (white arrows in Figure 7.12).

FIGURE 7.10  Close-­up photograph of the burn

pattern recorded during the reexamination of the scene. Note the observable evidence indicating active localized upward burning (E1) of combustible materials stuck to the wall with corresponding protected areas devoid of smoke stains in the midst of smoke-­stained ‘V’ patterns. Bloodstains on the wall are marked ‘G’ and ‘H’.

Accepted (major) premises a) Burn patterns of ‘V’ shape with protected areas in the inner region indicate localized burning of combustible materials (such as pieces of cloth) stuck to the surface of the parapet wall (DeHaan, 2002; Koussiafes, 2004; DeHaan and Icove, 2014). b) Bloodstain patterns corresponding to the body posture indicate localized bleeding corresponding to body posture.

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Crime Scene Investigation and Reconstruction

FIGURE 7.11  Bloodstain patterns found on the floor (marked ‘D’) that corresponded to the position of

the arm of the deceased seen in the photograph taken during the initial investigation. SEQUENTIAL HYPOTHESIS 4 The victim had been physically active in the location where the dead body had been found lying as shown in Figures 7.9 and 7.11. Observed premises

FIGURE 7.12  Bloodstain patterns on the floor (marked ‘D’) and the evidence of localized burning of cloth remnants (white arrows) observed during the reexamination.

Reconstruction The victim had been ablaze in the location near ‘E1’ and ‘E2’ in Figure 7.1 which is about 9 m away from the initial place of burning marked ‘A’ in Figure  7.1. The victim had been bleeding corresponding to the posture of the arm after attaining the prone posture seen in Figure 7.11.

a) The upper surface of the parapet wall (indicated as ‘H’ in the sketch) revealed smudged areas of bloodstains (Figures 7.10 and 7.13). The drops of bloodstains on the floor below the parapet wall revealed conspicuous astral rays (Figure 7.14). b) The pattern of bloodstains on the vertical surface of the parapet wall indicated downward flight of cast-­off blood (Figure  7.15). Importantly, the cast-­ off bloodstains, with tailing toward the floor, indicated differences in directionality (white and black arrows in Figure 7.15, enlarged in Figure 7.16). Accepted (major) premises a) Blood smudges indicate the transfer of accumulated blood due to contact (Bevel and Gardner, 2002). Conspicuous astral rays are produced when blood drops drip from height.

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151

FIGURE 7.13  Bloodstain patterns on the upper

surface of the parapet wall (indicated as ‘H’ in the sketch in Figure  7.1) observed during the reexamination. FIGURE 7.15  Downwardly directed cast-­off patterns of bloodstains on the vertical surface of the parapet wall observed during the reexamination.

FIGURE 7.14  Drops of bloodstains with astral

rays observed on the floor below the parapet wall during the reexamination. b) Arc or cast-­ off patterns of blood particularly indicate swinging action during active bleeding (Bevel and Gardner, 2002). Multiplicity in the directionality indicates more than one physical activity, viz. swinging.

FIGURE 7.16  Enlarged view of the cast-­off patterns of bloodstains shown in Figure 7.15 highlighting variations in directionalities.

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Crime Scene Investigation and Reconstruction

Reconstruction The locations of the bloodstains in the same vicinity as the location of the burn patterns support the inference that the blood had been oozing from the victim who was ablaze. The presence of arc patterns suggesting multiple swinging actions when viewed along with the finding of bleeding in the fingers of the victim (recorded during autopsy) lead to the reconstruction that the victim was physically active near the parapet wall where the dead body was found. SEQUENTIAL HYPOTHESIS 5 The victim was moving while still ablaze. Observed premises a) While the location ‘A’ in Figure 7.1 indicated the point of initial burning, the locations revealing charred remnants on the floor near the parapet wall marked ‘D’, ‘F’, ‘I’ and ‘J’ (Figure  7.1) corresponded to the location where the victim was lying dead as seen in the photograph taken in the scene of crime (Figures 7.9 and 7.11). b) During the reexamination, in between the location ‘A’ in Figure  7.1 and the location where the victim was finally

found lying (marked ‘D’, ‘F’, ‘I’ and ‘J’ in Figure  7.1), an irregular pattern of protected area with peripheral blackening (‘M’ in Figure 7.17) was observed on the floor in the location marked as ‘M ‘in the sketch in Figure 7.1. The contour of an irregular charred flake of synthetic cloth material (arrow in Figure  7.17) found nearby precisely superimposed with the contour of the protected space in the location ‘M’ (Figure  7.18). This charred synthetic cloth flake was similar to the charred flakes of synthetic cloth seen near the location of the dead body (white arrows in Figure 7.12). The location marked ‘M’ in Figure 7.1 was about 4.5-­m west of the location where the victim’s body was lying and about 5.8-­m north of the zone of blackening marked ‘A’ in Figure 7.1. Accepted (major) premises a) Charred remains with smoke deposition on the floor indicate localized burning near the parapet wall. b) Protected space on the floor and the presence of burnt remains matching the contour of that protected space offer evidence of localized burning (DeHaan, 2002; DeHaan and Icove, 2014).

FIGURE 7.17  Pattern of protected area (marked

‘M’) and a charred flake of cloth (white arrow) observed during the reexamination in a location marked ‘M’ in the sketch in Figure 7.1 well away from the location of initial burning as well as the dead body. This observable evidence supported burning of the victim at the location ‘M’.

FIGURE 7.18  Superimposition of the charred

flake of cloth with the pattern of protected area (marked ‘M’) offering observable evidence substantiating localized burning of the cloth in the location ‘M’.

Investigating Cases of Death due to Burns

Reconstruction Smoke pattern revealing protected space with corresponding superimposable charred remnant indicates active burning of that charred remnant in that location (‘M’ in Figure  7.1). Presence of similar burnt cloth remnants in the location where the dead body was found (Figure  7.12) supports that the charred cloth piece in the location marked ‘M’ also originated from the victim’s clothing. Thus, the finding of the charred piece at the location ‘M’ in Figure 7.1, which is about 4.5-­m west of the location of the dead body and about 5.8-­m north of the location ‘A’, offers evidence supporting the movement of the victim along the location ‘M’ when she was still ablaze. Conjoined reconstruction Sequential hypotheses 1 to 3 lead to the reconstruction that burning initiated at location ‘A’ and then continued in the location about 9  m away where the dead body was found; these hypotheses negate the proposition that the location of the victim while burning was restricted merely to one locality in the terrace. Sequential hypothesis 4 leads to the reconstruction that the victim, with bleeding injuries in her fingers (recorded during autopsy), was physically active near the location where she was found lying dead causing the arc patterns of bloodstains on the parapet wall and negates the proposition that the victim was static in the location where the dead body had been found. Sequential hypothesis 5 leads to the reconstruction that the victim was moving while ablaze leaving traces of burning cloth at the intermediary location marked ‘M’ and negates the proposition that the burning was restricted to a single locality. Thus, the sequential hypotheses 1 to 5 support the alternative hypothesis that the victim was ablaze while being alive and was moving about leaving burnt traces in different localities on the terrace (possible manner of death being suicide) and negate the primary hypothesis that the victim was immobilized or killed and then was burnt in a particular location (homicide). Postscript The observations described in the foregoing sequential hypotheses were based on the photographs which included those taken of the scene

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immediately and the clues in the scene; and yet, these observations were not made forthwith in the scene during the initial investigation. Although made subsequently, the aforementioned reconstruction indicating that the victim was moving while ablaze was duly included in the investigation. This author was examined as a court witness, and the evidence indicating movement of the victim while ablaze was also placed before the trial court. The medical doctor who conducted the autopsy found ‘subscalpular extra cranial hematoma over the vault of the skull’ and, internally, the presence of a ‘thin film of subdural hemorrhage over the brain’ and was of the opinion that the ‘head injuries could have been caused by a blunt weapon and that these would not cause death but would have caused unconsciousness’. The doctor opined that the death was a result of shock due to burns. In addition, the doctor stated that the head injury is not possible if the head comes in contact on its own with another object. In essence, the doctor was of the opinion that the victim sustained the head injury due to impact by a blunt weapon when she was alive after which she became unconscious, and then she died of burn injuries implying that the deceased could not have moved about while burning—altogether connoting the manner of death to be homicidal. During the trial, there was a proposition that planning to make the case appear as a suicidal burning, the accused persons might have poured inflammable materials over the victim and would have burnt the victim while she was in an unconscious state. However, the evidence during crime scene reconstruction indicating that the burning victim was moving precluded the aforementioned proposition. The Hon’ble Judges of the High Court observed that It is right that scientific expert’s report and the plan show that the victim was moving at least from one place to another before she ultimately died due to burn injuries . . . The doctor, who did post-­ mortem, had categorically ruled out the possibility of the victim suffering internal head injuries by coming into contact on her own with any other object. Sanjay Dalmia and others vs. State in CRL. R.C. No. 1588 of 2004, The High Court of Judicature at Madras dated 10.08.2006

This case exemplifies a situation where the crime scene reconstruction that the victim moved

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about while ablaze and the opinion of the doctor who performed the autopsy that the victim had died of burns but could not have moved after the head injury remained unreconciled. In this regard, the disorientation associated strange

behavior in the movements of burning victims, and their implications during crime scene reconstruction appear relevant to interpret peri-­ mortem injuries and hence are included in the discussion.

CASE 7–2: DEATH AS DUE TO STRANGULATION—MANNER REMAINS EQUIVOCAL THE CASE On the day of occurrence at about 3 pm, the mother-­in-­law of the deceased informed the first informant that smoke was coming out of the hall of the scene house, the witnesses found that it was not possible to enter the hall through the two available doors that were locked from inside and the dead body could be seen through the ventilator, the door on the western side of the room was kicked open by one of the witnesses, and the body with burn injuries was found reclining on the pillar. The case was investigated as an unnatural death. The medical doctor who conducted autopsy described horizontal dark red bruising 22 × 4 × 10.5 cm at the level of lower part of thyroid cartilage with diffuse upper and lower margins, in the front and sides of the neck, the outer ends of the bruising ends at the level of angle of mandible on the right side of the neck and at the level of mastoid process on the left side of the neck; dark red diffuse bruising on the lower part of the thyroid gland.

The doctor opined that the deceased would appear to have died of asphyxia due to strangulation and that the burns on the body were post-­ mortem in nature. The case was then treated as a homicide. The skin bits collected by the autopsy doctor from the scalp, both forearms, and both thighs of the dead body had been sent for histopathological analysis, and the result revealed that the skin bits were ‘viable’, ‘normal’, and ‘nil remarkable’ with ‘no vital reaction’; the stomach content and visceral organs had also been sent for toxicological analysis, and the result was that 4 mg of diazepam was detected in the stomach with traces in other organs; and the skin bits from the scalp, arms, and legs (unburnt) had been sent for chemical analysis, and the result was that none of the items examined revealed evidence of

petrol, kerosene, or other inflammable materials. The prosecution case was that the mother-­ in-­law of the deceased found her daughter-­in-­law sleeping with diazepam tablets around her, and being infuriated by the earlier rebukes of the daughter-­in-­law, the mother-­in-­law strangulated the daughter-­ in-­ law, dragged the dead body to the pillar, and slid it on the pillar and then poured kerosene on the body and set it ablaze. Also, the accused person, the mother-­in-­law, had confessed before a magistrate although about 7 months after the occurrence. During the course of further investigation, about 9 months after the occurrence, this author was requested to reexamine the scene. The observations described here were made on the basis of the photographs of the scene taken immediately with the dead body in situ in the scene as well as the findings during the reexamination of the scene. The dead body had been found in a 5.6 × 4.9-­ m size hall (recently color washed) with two doors (Figure 7.19). The items like the sofa-­ cum-­ bed shown as line drawing in the sketch Figure  7.19 were still in their relative locations as seen in the scene photographs. However, the grinder and the refrigerator were no longer available, and their locations with reference to the pillar in the hall (shown in dotted lines in Figure 7.19) were worked out on the basis of the scene photographs as well as the impression of the legs of the grinder still visible on the floor during the reexamination. PRIMARY HYPOTHESIS The victim was strangulated to death and then burnt—and this was a case of homicide. ALTERNATIVE HYPOTHESIS The victim was burning and moving about while alive— and this was, possibly, a case of suicide.

Investigating Cases of Death due to Burns

FIGURE 7.19  Sketch of the scene made during the reexamination.

SEQUENTIAL HYPOTHESIS 1 The victim was burning in the reclining posture as seen in Figures  7.20–7.22, which were taken immediately in the scene and were studied during the reexamination. Observed premises a) The black arrows pointing to the head, right arm, and right upper thigh in Figure 7.20; the neck in Figure 7.21; and the shoulder in Figure  7.22 illustrate burn and smoke patterns that are commensurate between the concerned body parts and the corresponding contacting surfaces such as the pillar. The yellow arrows in Figure  7.22 indicate burnt remnants of clothing in close proximity with the reclining posture. b) The arrows labeled ‘Head’ and ‘Shoulder’ in Figure  7.23 indicate the protected

areas that have formed on the pillar consequent to the contacting spaces occupied by the head and shoulder during the process of burning. c) The matchsticks that are found strewn on the dead body in (Figure  7.22) were examined under magnification, and the match heads and the sticks were unburnt and intact. The match box had not burnt although it was seen lying on charred pieces of cloth—findings that indicate that the match sticks and match box were not subjected to burn effects. Accepted (major) premises a) The burn patterns in the dead body must be commensurate with the burn patterns on the clothing and other surfaces at the scene (DeHaan, 2002). b) Protected areas are definite indications of the location of objects that were burning

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FIGURE 7.20  Observable evidence brought out during the reexamination using the photograph taken during the initial investigation: black arrows indicate commensurate areas of burns in the body and the surrounding including the cloth; and the blue, green, and bold white arrows indicate incommensurate burn patterns in the body and the cloth. Note the similarity between the piece of unburnt cloth below the vaginal region (bold white arrow) and the pieces of cloth away from it (small white arrows).

in contact with those spaces (DeHaan, 2002). c) The unburnt match sticks and match box indicate that these items would not have been on the victim’s body when the clothes were aflame. This inference was corroborated by witness account that the matchsticks accidentally spilled out when trying to initially explore the smoke-­filled room. Reconstruction The commensurate burn patterns between the dead body and the contacting surfaces particularly indicated by black arrows in Figures 7.20– 7.22 support burning of the victim in the reclined posture that is seen in the photographs. The protected areas on the pillar in Figure 7.23 indicate the location occupied by the head and shoulder during burning.

SEQUENTIAL HYPOTHESIS 2 The victim was also burning in postures other than the one seen as reclining in the photographs in Figures  7.20–7.22, which were taken immediately in the scene and were studied during the reexamination. Observed premises a) The char pattern seen in the vaginal region on the victim’s body (blue arrow in Figures  7.20 and 7.21) is not commensurate with the unburned cloth seen underneath the burned vaginal region (bold white arrow in Figures  7.20 and 7.21). The burn patterns in the inner aspect of the left thigh (green arrow in Figures  7.20 and 7.21) do not indicate commensurate evidence of burning of cloth on the floor.

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FIGURE 7.21  Similar observable evidence as shown in Figure 7.20 in a photograph taken from another angle: black arrows indicate commensurate areas of burns in the body and the surrounding including the cloth; and, the blue, green, and bold white arrows indicate incommensurate burn patterns in the body and the cloth. Note the unburnt piece of cloth beneath the charred vaginal region in Figure 7.20 and this image—observable evidence incommensurate with the proposition that the victim was burning only in the aforementioned posture and location.

b) The sides of the left hand fingers do not reveal evidence of charring (blue arrow in Figure  7.22). This observation is not commensurate with the evidence of charring seen on the left gluteal and hip region on which those fingers are seen resting. c) The unburned cloth on the floor below the vaginal region (bold white arrow in

Figures 7.20 and 7.21) and the unburned pieces of cloth on the floor nearby (small white arrows in Figures  7.20 and 7.21) reveal similar designs. Accepted (major) premises a) The burn patterns in the dead body must be commensurate with the burn patterns seen on the clothing (DeHaan, 2002).

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FIGURE 7.22  Observable evidence in a photo-

graph taken from yet another angle: black arrows indicate commensurate areas of burns in the body and the surrounding including the cloth, and blue arrow indicates incommensurate burn patterns in the body and the fingers. The matchsticks found on the body and the box of matches had not been subjected to burn effects. b) The burn patterns in the dead body must be commensurate with the burn patterns seen on the other surfaces at the scene (DeHaan, 2002). c) During the forward movement of a victim on fire, the clothes on the rear are likely to be flung backward and thus less likely to burn. Such unburned pieces of cloth are likely to fall on the floor along the localities traversed by the victim or where the victim ultimately falls down. Reconstruction The burn patterns pointed with blue arrows in Figures  7.20–7.22 and green arrows in Figures  7.20 and 7.21 indicate that the victim

FIGURE 7.23  Protected areas (arrows) on the pillar consequent to the contacting spaces occupied by the head and shoulder during the process of burning.

had acquired these burns while in postures other than the reclining posture seen in the photographs in Figures  7.20–7.22. The presence of unburned cloth underneath the charred vaginal region reinforces the inference that the char in the vaginal region has occurred when the victim was in postures that were different from the reclined posture seen in the photograph. The presence of similar unburned pieces of cloth in other locations (small white arrows in Figures  7.20 and 7.21) indicate that the victim traversed those locations. SEQUENTIAL HYPOTHESIS 3 The victim was moving inside the hall while still ablaze. Observed premises a) Photograph in Figure  7.24 showing the refrigerator (boxed green) and the

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FIGURE 7.24  Photograph of the scene taken during the initial investigation. The boxes indicate the relative locations of the refrigerator (green) and the dead body and the doorway (blue).

passage leading to the door with the dead body in the foreground (boxed blue) had been taken when the dead body was in situ in the scene. On enlarging the area boxed green in Figure  7.24 during the course of reexamination, the refrigerator door reveals two areas with ‘V’-­shaped upward smoke depositions in two different levels (white arrows in Figure 7.25). The aforementioned refrigerator was about 2 m away from the pillar on which the dead body was reclining. b) On enlarging the area boxed blue in Figure  7.24 during the reexamination, burnt pieces of cloth were seen near the dead body (yellow arrows in Figure 7.26 and also in Figure  7.22). Similar pieces of cloth could also be recognized on multiple locations near the door (blue arrows in the enlargement in Figure  7.26) that were away from the dead body. Comparable pieces of cloth were also seen near the right leg of the victim (blue arrows in Figure  7.27) although the leg itself did not reveal char evidence.

FIGURE 7.25  Enlargement of the refrigerator (boxed green in Figure 7.24) revealing two areas of ‘V’-­shaped upward smoke depositions (white arrows)—observable evidence indicating localized burning in those locations.

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body supports movement of the burning victim along the localities where burnt pieces of cloth are seen. Reconstruction The victim had been moving about inside the hall covering the localities indicated by the ‘V’-­ shaped smoke patterns in the refrigerator and the areas where pieces of burnt cloth are seen near the door and the right leg. SEQUENTIAL HYPOTHESIS 4 The inner latch-­bar in the door on the western side of the hall would enable an individual to feed it into the catch from outside and to close the door creating the latched state on the inner side.

FIGURE 7.26  Enlargement of the doorway

(boxed blue in Figure  7.24) revealing pieces of cloth (blue arrows) near the doorway which appear comparable to the pieces of cloth near the dead body (yellow arrows).

Observed premises a) At the time of reexamination of the scene, the double door on the eastern side did not reveal any evidence of damage in its latches and bolts. The inner catch in the door on the western side was found deformed with only one screw securing the catch with the door (Figure 7.28 and arrow in Figure  7.29). The bar of

FIGURE 7.28  Sketches of the catch and latch on the door in the western side.

FIGURE 7.27  Pieces of cloth near the leg although the leg itself did not reveal evidence of burn. Note the linear abrasion on the unburnt leg.

Accepted (major) premises a) Among burn patterns, ‘V’-­shaped smoke patterns that are upward indicate localized burning in that region (DeHaan, 2002; Koussiafes, 2004). b) The presence of pieces of cloth in localities away from the location of the dead

FIGURE 7.29  Deformed state of the catch with a single screw (arrow) securing it with the door.

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positions the obstruction due to the bend in the bar prevented free passage even in the holder of the catch. b) In the bent condition, the bar of the latch was fed into the catch, and the feasibility to close the door by pulling it from outside was tested (Figure 7.32).

FIGURE 7.30  The bar of the latch slid inward

revealing evidence of bending (arrow).

Accepted (major) premises a) Metal objects bend or be pulled out when strained beyond their tolerance. b) The door could not be closed from outside when an attempt was made by inserting the latch into the catch and pulling the door since the already damaged catch was further separating from the door. Reconstruction The loss of two screws in the catch observable during the reexamination (Figure  7.29) is secondary to the damage which also manifested as a bend in the latch-­bar. Attempts to close the door from outside after feeding the latch-­bar into the catch resulted in further separation of the catch from the door.

FIGURE 7.31  The bar of the latch with the han-

dle held horizontal revealing evidence of bending (arrow).

FIGURE 7.32  Assessment of the feasibility to slide the bar of the latch into the catch from outside the door.

the latch revealed the evidence of bending (arrows in Figures  7.30 and 7.31), and the bar could be slid into the catch only in a specific position, while in other

Conjoined reconstruction Sequential hypotheses 1 and 2 lead to the reconstruction that the victim who continued to burn in the reclining posture was also burning in postures other than the one seen as reclining on the pillar in the photographs and negate the proposition that victim had remained merely in the reclining posture throughout the process of burning. Sequential hypothesis 3 leads to the reconstruction that the victim was moving inside the hall while still ablaze leaving smoke stains and cloth pieces in localities that were about 2  m away from the location of the pillar where the dead body was finally found and negates the proposition that the victim was burning only in the posture as seen reclining on the pillar. Sequential hypothesis 4 indicates that the latch, in the deformed state it was seen, could not be secured into the catch from outside. Thus, the sequential hypotheses 1 to 3 effectually negate the primary hypothesis that the victim was done to death and then the dead body was burnt (homicide). Instead, the aforementioned sequential hypotheses support the alternative hypothesis that the victim was burning while still being alive (possible suicide).

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Postscript The incommensurability between the burn patterns on the dead body and the clothing illustrated earlier, although based on the photographs taken of the scene immediately, has not been observed and recorded during the initial investigation conducted in the scene. On the basis of a ‘bruising 22 × 4 × 10.5 cm’ on the front and sides of the neck observed during the autopsy, the medical doctor had opined that the victim died due to strangulation and that the burns on the body were caused post-­mortem. The suspect, the mother-­ in-­ law of the deceased, had made a confession statement although that statement did not clarify the method employed for causing the bruise on the front aspect of the neck of the deceased. The incommensurability between the burn patterns on the dead body and the clothing described before using the photographs taken of the scene and the reconstruction that the victim could have moved while ablaze, even though brought to light belatedly, remained unreconciled with the autopsy finding or the confession of the suspect. In the trial court, the mother-­ in-­ law of the deceased was convicted to undergo life imprisonment. When confirming the life imprisonment during appeal, the Hon’ble Judges of the High Court noted the three circumstances relied on by the prosecution as follow: ‘(1) motive; (2) medical opinion that was canvassed and (3) confessional statement given by the accused/appellant . . .’ (Shyamala VC vs State in CRL.A.No.178 of 2007, The High Court of Judicature at Madras dated 21.01.2009). This case exemplifies a situation where reconciling the scene reconstruction suggesting the movement of the burning victim with the autopsy report suggesting burning to be post-­mortem would have thrown a better light on the ground reality relating to the manner of death. In the absence of such reconciliation, the manner of death, whether homicide or suicide, continues to be equivocal. Consequently, the conviction awarded to the mother-­in-­law of the deceased also remains debatable.

7.4 DISCUSSION 7.4.1 Myths and Facts Relating to Observations in Deaths due to Burns

i. Myth: The body burns when drenched with an accelerant. Fact: It is the combustible material—the cloth that burns when sprinkled with an accelerant. The burning clothes cause burns

on the skin in areas of contact. Clothed bodies are destroyed more quickly than naked ones (Shkrum and Ramsay, 2007), and more burns are seen in areas where there are more clothes (Subrahmanyam, 1999). ii. Myth: Less of burns in the skin on the back of the dead body indicate that the body was laid down and then burnt. Fact: Totally unburned clothes between the areas of the body in contact with the floor such as the back would indicate that the body had been laid and then burnt. Evidence of ‘partial burns’ or ‘burns to a lesser degree’ in the clothes between areas of the body in contact with the floor would only support the proposition that the victim had been moving aflame exposing those clothes to damage by flame before falling down and continuing to burn. iii. Myth: The clothes of an individual moving around would burn all around causing uniform burn injuries around the body. Fact: Individuals moving around would reveal more burn injuries in the front region of the body due to the close-­packed contact of the clothes brought about by the forward movement. Consequently, the clothes on the rear part of the victim would be flung away from the body depending on the baggy nature of the apparel and hence may be partially burnt. iv. Myth: In suicides, the victim tends to pour accelerants on the head before setting fire. Fact: In suicides, the victim tends to pour accelerants on the clothes before setting fire. v. Myth: Pugilistic attitude in a burned dead body indicates that the burning was antemortem. Fact: Pugilistic posture occurs due to heat contraction of the more bulky flexor muscles, which is a purely postmortem effect (Saukko and Knight, 2004). It is the artifact that suggests “fight or flight” attitude (Shkrum and Ramsay, 2007). Bohnert and Pollack (1998) cremated 15 bodies where death was due to natural causes and found them showing pugilistic attitude after about 10 minutes. 7.4.2 Death due to Burns: Contextual Facts Relating to India Globally, suicide by burning is considered uncommon and as a rather fashionable trend of indicating

Investigating Cases of Death due to Burns

political opposition (Taylor and Mant, 1984). However, in India, young females are known to commit suicide by setting fire to their clothes after soaking with kerosene or other inflammable materials (Subrahmanyam, 1999; Shkrum and Ramsay, 2007). Mathiharan and Patnaik (2005) recognized that the pernicious custom of dowry among certain Hindu castes sometimes has led young women to commit suicide by burning themselves, and also some murders by husbands and ‘in-­laws’ of Hindu married women have been reported. In India, ‘dowry deaths’ have been widely studied by social activists. However, the number of dowry deaths for the year 1995 mentioned as 17 per day by Nangia (1997) is seen interpreted by Lakhani (2005) as Indian women being burned alive or tortured to death at the rate of seventeen (17) women per day adding elsewhere in the same article that the implication of murder was intentional. In another article, Palriwala (2010) has cited the Parliamentary Joint Select Committee on the Dowry Prohibition Bill (JSC) as stating that ‘incidents of “wife burning”, excluding “suicides of new brides”, had increased from 670 in 1975 to 1,676 in 1979 (all-­I ndia)’. Such an abrupt increase in the reported number of ‘wife burning’ cases appears surprising and abnormal as well. It may be noted that campaigns on social issues are known to have both positive and negative spillover effects (Thøgersen and Crompton, 2009). The sharp increase in wife-­burning cases, if considered as a fallout of campaigning, prompts one to believe it to be a mixed consequence of both spillover effects—the positive spillover leading to identifying more cases of wife burning and the negative spillover leading to treating possible suicides similar to those described in this chapter as cases of ‘bride burning’. Especially in deaths due to burns, appropriate amalgamation of crime scene findings with autopsy and other investigational findings may eliminate the confusions when two manners of death such as ‘suicide’ and ‘bride burning’ are both hypothesized and debated. 7.4.3 Observations Indicating the Mobility of Victim While Aflame Victim’s mobility while aflame, once established, becomes reliable evidence indicating that the victim was alive and active when burning. Establishing that a victim was mobile while aflame would readily disprove such theories as the one put forth in the confession of the accused in Case 7–2 that the victim was strangulated to death and then the body

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was set on fire after pouring kerosene. Specific discussions on the mobility of burning victims are offered by Shkrum and Ramsay (2007) citing the works of Eckert (1981) and Alarie (2002) which deserve description at this juncture since recognizing the extent of disorientation in such mobility may aid in accounting for some of the perimortem injuries on burn victims. It has been indicated that within a minute of burning, smoke causes incapacitation as a result of coughing, eye irritation, reduced visibility, and disorientation. Regarding the mobility of a burning victim, Eckert (1981) observes that strange behavior associated with carbon monoxide asphyxiation may make a victim run back into the fire to save an imagined victim or hide in the bath tub, under the bed, or within inches of safety without realizing it. It has also been noted that the presence of alcohol, barbiturates, sedatives, and other drugs may potentiate the toxic action of carbon monoxide. Alarie (2002) suggests that additional factors attributable to fire such as reduced visibility and disorientation due to smoke obscuration, coughing and choking, crawling on the floor to avoid the heat from the flames etc. will also be influencing the mobility of burning victims. In as much as burn victims are very much mobile, when an individual is doused with gasoline and set afire, very often the assailant is likely to be trapped by his or her own devices (Eckert, 1981). It would be relevant here to mention the motionless quiescence recognized in the Buddhist Burning Monk in the year 1963 as being an exceptional instance of lack of mobility possibly due to the effect of meditation (Manno, 2019). The degree of mental stubbornness seen among individuals submitting themselves for suicidal missions such as performing as human bombs or as pilots operating airplanes on suicidal crashes may not be comparable with the mental state of vexatious female individuals resorting to commit suicide by burning themselves. As field investigators, the SOCOs may note that there is a general consensus that burn victims are remarkably mobile when they are alive (Shkrum and Ramsay, 2007; Eckert, 1981; Alarie, 2002) and behave in an irrational, irresponsible, and disoriented manner (Alarie, 2002; Rutty, 2003) leaving behind trace evidence and burn patterns as they move about which greatly aid crime scene reconstruction. In the light of the aforementioned observations, antemortem and perimortem injuries, both external and internal, in burn victims need to be interpreted by including the possibility of the victim impacting or banging with surrounding objects during the disoriented movement prior to collapse

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and fall. Mobility of a burning victim can be diagnosed either by a study of patterns indicating evidence of localized burning in locations unrelated to the site where the dead body is seen or by the incommensurability between the pattern of burn evidence on the dead body, the clothing, and the immediate surroundings. Other frequent burn evidence which can indicate the movement of the victims while ablaze are char or smoke patterns in wall hangings, paper calendars, clothes on clotheslines, nylon strings used as clotheslines that are at significantly higher elevations or at distances that cannot be reached by the flames from a body lying and burning, and, location of the accelerant residue on the floor and accelerant sources such as kerosene can or kerosene stove and burnt match sticks and boxes of matches well away from the dead body. Multiple burnt or unburnt matchsticks that are considered indicating hesitation on the part of the victims intending suicide or flow patterns of accelerant on the floor lacking signs of spillage are additional evidence supporting self-­ infliction of burns. SOCOs may bear in mind that evidence indicating the mobility of the victim have to be observed only by a careful examination of the scene—examining the dead body during autopsy will not be of any use in deducing if the victim had moved while aflame. 7.4.4 Relevance of Crime Scene Findings When Deciding the Manner of Death in Burns Cases Authors have realized that all manners of death are possible in fire injuries and that the determination of the cause and manner of death requires the integration of scene findings and other information provided with postmortem findings and ancillary toxicological and chemical testing (Shkrum and Ramsay, 2007). Furthermore, scholars in the field of forensic pathology have acknowledged the equivocal nature of many of the autopsy findings relating to death due to burns. For example, the fiery-­red margin with blisters characteristic of antemortem burns also occurs when heat is applied to a recently dead body (Spitz and Fisher, 1980; Gordon et  al., 1988; Knight, 1991; Pounder, 2000). Similarly, while the presence of soot particles in the trachea and bronchi can be a sure sign that the person was breathing while on fire, the opposite, the absence of soot particles and monoxide, may not mean that the victim must has died before the fire started (Knight, 1991; Gerling et al., 2001). Oftentimes, boiling of blood

in the simultaneously split meningeal vessels due to heat leads to internal bleeding in the extradural or epidural space of the skull (between the dura mater and the skull), a frequent artifact in burn victims (Mason, 1993; Knight, 1997; Mant, 1997; Shkrum and Ramsay, 2007). However, it has also been noted that at time such bleeding can be subdural too (Mason, 1993). Such ambiguous autopsy findings have prompted authors to caution that scientific objective investigation and coordinated effort by the team comprising pathologist and field investigator are necessary to reach definitive conclusions on the manner of death (Benz, 1980). Regarding the importance of crime scene investigation, DeHaan (2002) points out that fire injuries to the body can be correlated with damage to the clothing and that such correlation should be carried out on burn victims and should be suitably documented by photography so that burn patterns can then be compared to the burn patterns of clothing and other surfaces at the scene. Indicating that burn patterns are the cornerstone of all fire investigation because of their universal applicability, (DeHaan, 2002) specifies that typical ‘V’ pattern on the vertical surface indicates localized fires in the same way protected areas are definite indication of the location of objects that burnt. 7.4.5 Burn Patterns as Universal Indicators of Localized Burning Two major fire patterns that are indisputable in indicating localized burning are i) the typical ‘V’ pattern on vertical surfaces and ii) the patterns of any protected areas that may be left both on vertical surfaces and on horizontal planes such as floors. The ‘V’ patterns observed on the parapet wall in Case 7–1 (Figures 7.9 and 7.10) or on the vertical surface of the refrigerator door in Case 7–2 (Figures  7.24 and 7.25) are definite indication of localized burning that sustained in those localities. When such evidence are interpreted in relation to the final location of the burn victim, movement of the victim can be deduced. The relevance of protected areas in determining the origin of fire in structure fires has been described (Almiral and Furton, 2004; DeHaan and Icove, 2014). Protected areas that define the general type of the object that burned in that location such as the area defining the burned box of matches or its label (Figures 7.5 to 7.8) or the area defining the shape of the burned cloth that could be superimposed with the pattern of the smoke deposition on the floor (Figures  7.17 and 7.18) are definite

Investigating Cases of Death due to Burns

indications of localized burning. Importantly, protected areas of such objects like a box of matches or pieces of clothes on the floor, when appropriately recognized in the scene and interpreted in relation to the location where the burn victim’s body is found, can enable reconstructing the movement of the victim while ablaze on a definitive basis. Pertinently, pieces of clothes that are already burnt or charred, when displaced to different locations due to such forces as wind, would not reveal protected areas in the locations where they come down and land. Protected areas in burned bodies are those areas lacking soot deposition and charring of clothes when the area is clothed. This observation acquires importance in distinguishing burning bodies after death since body parts not directly exposed to flame (e.g., pressed against a hard surface) are relatively protected (Eckert, 1981; Shkrum and Ramsay, 2007). In an experiment that used firestone grid with flames on all sides for cremating 15 bodies where death was due to natural causes, Bohnert et  al. (1998) observed protection by the coffin although it lasted only for a minute. Consequently, these authors noted that bodies from house or room fires often show only minor damage on the protected sides lying against the floor, as these could not be reached by the flames. Regarding the question whether the localization of areas of burnt skin provides a sufficiently certain indication of the final position of the body at the site of the fire, Gerling et al. (2001) state that among 78 out of 115 cases studied, the modest degree of the heat injuries readily allowed determination of the unexposed skin surface and that in seven cases, however, such a differentiation was not possible. Knight (1991) considered it important to note the color of the skin to identify if areas have been protected from burns and smoke-­staining. It would be expedient for the SOCOs to observe, immediately photograph, and record ‘V’ patterns and protected areas when examining the scene and dead bodies in burn cases. 7.4.6 Lack of Commensurability in Burn Patterns as Indicator of Dynamism Burn patterns on the dead body, the clothing, and the immediate surrounding should be studied for commensurability. Evidence indicating incommensurability between the burn patterns on a dead body and those on the clothing would confirm that the dead individual was moving during the process of burning. In Case 7–2, consider the lack of commensurability between the burn patterns in the vaginal

165

region and the clothes that remained unburned underneath the vaginal region in the dead body illustrated in Figures 7.20 and 7.21. The only possible reconstruction that flows from the aforementioned observation is the strong inference that the victim had sustained the burns in the vaginal region while she was in a posture other than the one seen in the photograph. Similar strong inference would also flow from the incommensurable char patterns between the fingers and the thigh region illustrated in Figure  7.22. Consequently, no explanation opposed to mobility of the victim while aflame would acquiesce with these observations; opposed propositions including the confession of the suspect that the victim was murdered and dead body was then set fire to would not sustain for acceptance. Burn patterns are the undoubted effects of the natural cause, the fire, and thus qualify for universal applicability (DeHaan, 2002). The SOCOs are apprized to be well acquainted with the universal applicability of fire scene patterns so that this patterned evidence can be appropriately observed and utilized in burn-­related death investigations. 7.4.7 Predicaments Attributable to Lapses in Observing and Reconstructing Scenes of Death due to Burns and Possible Remedial Measures Both the cases of death due to burns described in this chapter indicate that the smoke patterns in the objects and circumstances of the crime scene as well as those on the dead body have neither been observed nor any reconstruction done immediately in the crime scene during the initial stages of investigation. Recording the observable evidence during the initial investigation has twofold impacts. First, immediate recognition of these observations by the investigation officer himself obliges to vouchsafe reasonable explanations for these observations. Second, once so obligated, the investigation officer would be prompted to launch an expeditious review of all the divergent theories and averments without letting differences in opinions to prolong. Lapses relating to recording crime scene observations or reconstructing crime scenes during the initial stage of the investigation cannot be blamed on any single agency. The observations described in the aforementioned cases in particular and in this guideline in general may not conform to those mundane observations routinely recorded during scene investigations—such as ‘the dead body was seen lying on its back’ or that ‘there were bloodstains

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on the floor near the dead body’. Furthermore, recognizing the relevancy of an observation, framing suitable hypotheses, and arriving at reconstruction may not be within the capability of average investigation officers or even the SOCOs when the latter are not suitably trained. In this regard, this field guide may aid SOCOs to make observations-­based crime scene reconstruction as an essential paradigm (Figure 2.3) in addition to physical evidence-­ oriented crime scene investigation. Pertinently, countries like Australia, New Zealand, and the UK (Sharman and Eliot, 2000; Horswell, 2004; The Forensic Science Regulator, 2012) have recognized crime scene reconstruction among the responsibilities of SOCOs—a trend that needs to be popularized world-­wide. One of the grave predicaments attributable to improprieties in crime scene examination relates to construing possible cases of suicides as murders. A  group of Judges of the Supreme Court of India had initiated the awareness on wrongful convictions in India by writing a letter to the President of India indicating the possibility of wrongful convictions (Times of India, 2012). Presumably, those wrongful convictions alluded by them pertained to convicting a wrong individual for an offence that was real. But the cases illustrated in this chapter have revealed a problem of another social dimension in which individuals can be charged for offences that did not exist at all. As indicated by Shkrum and Ramsay (2007), it becomes all the more expedient to consider integration of crime scene findings when concluding the manner of death in every case of death due to burns to guard the investigation officers, SOCOs, and the others from construing possible suicides as murders.

REFERENCES Alarie, Y. Toxicity of fire smoke, Crit Rev Toxicol., 32 (2002): 259–289. Almirall, J. R. and Furton, K. G. (Eds.). Analysis and Interpretation of Fire Scene Evidence, Boca Raton, FL: CRC Press, 2004. Benz, J. A. Thermal deaths, in Modern Legal Medicine, Psychiatry and Forensic Science, Curran, W. J., Mc Garry, A. L. and Pethy, C. S. (Eds.) Philadelphia: F.A. Davis Company, 1980. Bevel, T. and Gardner, R. M. Bloodstain Pattern Analysis With an Introduction to Crime Scene Reconstruction, Boca Raton, FL: CRC Press, 2002. Bohnert, M., Rost, T. and Pollak, S. The degree of destruction of human bodies in relation to the duration of the fire, Forensic Sci Int., 95 (1998): 11–21.

DeHaan, J. D. Kirk’s Fire Investigation, NJ: Brady, 2002. DeHaan, J. D. and Icove, D. J. Structure fires and their investigations, in Kirk’s Fire Investigation, DeHaan, J. D. and Icove, D. J. (Eds.) Edinburgh Gate, Upper Saddle River, NJ: Pearson, 2014. Eckert, W. G. The medicolegal and forensic aspects of fires, Am J Forensic Med Pathol., 2 (1981): 347–357. Gerling, I., Meissner, C., Reiter, A. and Oehmichen, M. Death from thermal effects and burns, Forensic Sci Int., 115 (2001): 33–41. Gordon, I., Shapiro, H. A. and Berson, S. D. Forensic Medicine: A  Guide to Principles, Edinburgh: Churchill Livingstone, 1988. Horswell, J. The Practice of Crime Scene Investigation, Boca Raton, FL: CRC Press, 2004. Jayaprakash, P. T. Improprieties in Documenting Crime Scene Observations as Cause for Wrongful Convictions. Paper presented during the 13th International Symposium on Victimology, Tokiwa University, Mito, Japan, August 23–28, 2009. Knight, B. Simpson’s Forensic Medicine, 11th ed., London: Arnold, 1991. Koussiafes, P. M. The interpretation of data generated from fire debris examination: Report writing and testimony, in Analysis and Interpretation of Fire Scene Evidence, Almirall, J. R. and Furton, K. G. (Eds.) Boca Raton, FL: CRC Press, 2004. Lakhani, A. Bride-­ burning: The “elephant in the room” is out of control, Pepp Disp Resol L J., 5 (2) (2005): 249–298. Available at: Bride-­ Burning: The “Elephant in the Room” Is Out of Control (pepperdine.edu) Manno, F. A. M. Monk on fire: The meditative mind of a burning monk, Cogent Psychology, 6 (1) (2019): 1678556. Mant, A. K. Postmortem injuries, in Forensic Medicine: A Study in Trauma and Environmental Hazards, Tedeschi, C. G., Eckert, W. G. and Tedeschi, L. G. (Eds.) Philadelphia: W. B. Saunders, 1997. Mason, J. K. Forensic Medicine: An Illustrated Reference, London: Chapman and Hall Medical, 1993. Mathiharan, K. and Patnaik, A. K. (Eds.). Modi’s Medical Jurisprudence and Toxicology, 23rd ed., New Delhi: Lexis Nexis, 2005. Nangia, A. The tragedy of bride burning in India, Brook. J. Int’l L., 22 (3) (1997): 637–693. Available at: The Tragedy of Bride Burning In India (brooklaw.edu)

Investigating Cases of Death due to Burns

Palriwala, R. Women are not for burning: The anti-­ dowry movement in Delhi, in Social Movements II: Concerns of Equity and Security, Oxford in India Readings in Sociology and Social Anthropology, Oommen, T. K. (Ed.) New Delhi: Oxford University Press, 2010. Pounder, D. J. Burns and scalds, in Encyclopedia of Forensic Sciences, Siegel, J., Knupfer, G. and Saukko, P. (Eds.) London: Academic Press, 2000: 326–330. Rutty, G. N. Fire deaths, in Forensic Medicine: Clinical and Pathological Aspects; Payne-­ James, J., Busuttil, A. and Smock, W. (Eds.) London: Greenwich Medical Media Ltd., 2003, 349–373. Saukko, P. and Knight, B. Kinght’s Forensic Pathology, London: Hodder Arnold, 2004. Sharman, L. E. and Elliot, D. A. Scene analysis and reconstruction, in Encyclopedia of Forensic Science, Siegel, J. A., Knuper, G. and Saukko, P. (Eds.) London: Academic Press, 2000, 457–462. Shkrum, M. J. and Ramsay, D. A. Forensic Pathology of Trauma Common Problems for the Pathologist, Totowa: Humana Press, 2007.

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Spitz, W. U. and Fisher, R. S. Medicolegal Investigation of Death: Guidelines for the Application of Pathology to Crime Investigation, Springfield: Charles C Thomas, 1980. Subrahmanyam, B. V. Modi’s Medical Jurisprudence and Toxicology, New Delhi: Butterworths, 1999. Taylor, A. S. and Mant, K. A. Taylor’s Principles and Practice of Medical Jurisprudence, 13th ed., Edinburgh: Livingstone, 1984. The Forensic Science Regulator, Department of Justice and The Royal College of Pathologists. Code of Practice and Performance Standards for Forensic Pathology in England, Wales and Northern Ireland, Home Office, 2012. Available at: www.rcpath.org Thøgersen, J. and Crompton, T. Simple and painless? The limitations of spillover in environmental campaigning, Journal of Consumer Policy, 32 (2009): 141–163. Times of India, 2012. Available at: https://timesofindia.indiatimes.com/india/9-­death-­penalties-­ wrongly-­i mposed-­E x-­j udges-­t o-­P resident/ articleshow/15552912.cms

Chapter

8

Scheme for Investigating Cases of Death due to Fall From Height 8.1 INTRODUCTION Authors have recognized that all manners are possible in cases of deaths due to fall from height (Cross, 2006; Shkrum and Ramsay, 2007). It has been pointed out that determining whether trauma is the result of an accident may depend on the “eye of the beholder”. As such, it is impossible at postmortem to determine if the injuries were caused by an accidental fall, an intended jump, or a deliberate push because the points of contact during the descent and the contact with the ground will result in the same injuries regardless of the initial “cause” (Shepherd, 2005). Most cases of fall from heights are reported to occur at the victim’s residence while some victims

DOI: 10.4324/9781003267096-8

have been found to have traveled to sites (Shkrum and Ramsay, 2007). In the first case described in this chapter, the fall had occurred at the victim’s house. In the second case in which the body was recovered from inside a well, the victim, according to the scene reconstruction, appeared to have travelled to the scene that was away from her residence. Falls from height are also reported to occur when the victims are under custody. Damages to clothes and a detailed study of even minor injuries would throw light on the posture in which the victim could have landed and sustained the injuries. The methodology suggested in the flowchart (8.2 Flowchart) and the cases described would offer the broad basis for guiding the scientific investigation in deaths due to fall.

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CUES FOR RECONSTRUCTION

RELATIONSHIP BETWEEN CUTANEOUS INJURIES AND DAMAGES ON CLOTHES

CONTUSIONS - Location - Shape

ABRASIONS - Location/size - Direction

LACERATIONS - Location / size

DUE TO GRIPPING - Location - Type

DAMAGES IN CLOTHES - Type (look for tattered tears) - Areas

WORK-PLACE RELATED - Dress - Instruments in the body

EVIDENCE ON PREPARATION - Tugging of clothes - Removal of footwear - Others

OTHERS

• Consider scene circumstances indicating preparation/work-related activities. • Study damages on clothes for commensurability with cutaneous injuries that are antemortem in nature. • Consider flight path damages such as those on tree branches or sunshades etc. for directionality and for correspondence with injuries.

- Measurement

DISTANCE FROM BUILDING

- Prone - Supine - Others

FALLEN POSTURE

- Smell - Others

INTOXICATION/ DRUG

- Immediate - Not immediate - In tune with customary activities

TIME OF DISCOVERY

ANTE-MORTEM INJURIES

DEAD BODY

OBSERVATIONS

SUICIDE NOTES/DRUGS - Torn pieces/scribbling - Tablet packages

FLIGHT PATH DAMAGES - Sun shade, brick work etc. - Clothesline etc. - Metal objects - Tree branches etc. - On the clothes etc. - Others

EVIDENCE FOR IMBALANCE - Objects for elevation - Objects for climbing - Defective barrier (children related)

EVIDENCE OF EFFORT - Scaling walls - Climbing stairs

EVIDENCE FOR WORKPLACE RELATED ACTIVITY - Domestic/Industrial - Activity-related objects - Others

LOCATION OF FALL - Victim’s residence - Recreational areas - Height etc.

SOC

CRIME SCENE

Include measurements wherever possible

- Damages in obstructions

- Obstructions

- Parapet wall

- Height/depth

HIGHLIGHTS

- Include cardinal directions

- Ground plan - Elevation view - Isometric view

OVER-ALL SOC

SKETCH

OTHERS

FOREIGN OBJECTS - In hands - Nearby

DAMAGES IN CLOTHING (SCALED) - Front - Back - Others

INJURIES (SCALED) - General - Close-up

POSTURE Cadaveric spasm

DEAD BODY

SOC

OTHERS

ADDITIONAL ITEMS Scaled

EVIDENCE OF STRUGGLE If any

OTHER STAINS - Location (scaled)

OBSTRUCTIONS - Location - Damages (scaled)

BUILDING - Height – in buildings - Damages – with scale - Others

OVER ALL

PHOTOGRAPHY

8.1. FLOWCHART FOR INVESTIGATING DEATH DUE DUE TO FROM HEIGHT 8.2  FLOWCHART FOR INVESTIGATING DEATH TOFALL FALL FROM HEIGHT

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8.3  CASE STUDIES—CASES 8–1 AND 8–2 CASE 8–1: FALL FROM HEIGHT—ACCIDENTAL, SUICIDAL OR HOMICIDAL? THE CASE A married woman aged 22 years, living in an apartment on the sixth floor of a block of flats (gray arrow in Figure 8.1), reportedly fell down and succumbed to the injuries. On the day of occurrence, the victim was found lying on the ground (black arrow in Figure 8.1) at about 10.30 hours and was taken to the hospital where she was declared dead. The available evidence and witnesses were not helpful in deciding the manner of death which could be accidental, homicidal, or suicidal. Furthermore, at a later stage, the parents of the victim alleged that the victim was murdered by using blunt force, and the body was then laid on the ground to simulate a fall from height. About 5 months after the occurrence, this author was requested to reexamine the scene to reconstruct the incident and to clarify the allegation on the manner of death. During the reexamination of the scene, the photographs taken in the course of the initial investigation were used as the primary source for deriving the observations that manifested at the time of occurrence. These photographs showed the material objects and the circumstances that prevailed in the location from where the victim reportedly fell down, the balcony of the apartment. In addition to studying the observations in the scene, a dummy made using a 1.52-­m high mannequin (equaling the height of the victim that was mentioned as 5 ft. in the autopsy report) was also used for studying the feasibility to reach the clotheslines in different postures. The same dummy was dropped from the balcony in the sixth floor to estimate the distance it reached from the base of the apartment block when it fell on the ground. PRIMARY HYPOTHESIS The victim fell down from the sixth floor and died—possible case of accidental fall ALTERNATIVE HYPOTHESIS 1 The victim was murdered, and the body was then laid on the ground to simulate as a case of fall from height—possibly a case of homicide. ALTERNATIVE HYPOTHESIS 2 The victim was pushed/hauled down from the balcony and she fell down and died—possibly a case of homicide.

ALTERNATIVE HYPOTHESIS 3 The victim jumped down from the sixth floor and died—possible case of suicide. SEQUENTIAL HYPOTHESIS 1 Evidence for workplace related day-­to-­day routine domestic activities are indicated in the balcony. Observed premises a) The balcony was 2.56 × 0.87  m in size and had 0.67-­ m high cement parapet wall along its periphery with iron grille work with a high wooden railing on top of the parapet wall making the total height of the retaining structure 1.23 m (Figure  8.2). Inside the balcony, at a height of about 2.30 m from floor level, five metal clotheslines were seen running north-­south. Outside the balcony, two iron angles were seen affixed about 34 cm below the level of the wooden railing, one each on the southern and northern end of the iron grille. Three metal clotheslines were seen fastened to these angles (Figure 8.2). b) In a photograph showing the inside of the balcony taken immediately in the scene, clothes are seen hanging on the clothesline inside the balcony (gray arrow in Figure  8.3) along with a wooden stool (black arrow in Figure 8.3) in the southwestern corner of the balcony. In another photograph (Figure 8.4), a plastic bucket with clothes inside it (black arrow in Figure 8.4) is seen in the balcony along with clothes on the clotheslines outside the balcony (Figure 8.4). c) The reported time of discovery of the victim on the ground was about 10.30 in the forenoon. Accepted (major) premises a) The structural arrangements of the clotheslines inside and outside the balcony described during the reexamination indicate the design of the balcony for use as regular workplace for drying clothes. b) The presence of clothes on the clotheslines inside and outside the balcony as

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FIGURE 8.1  Sketch of the apartment from where the victim reportedly fell (gray arrow). Black arrow

indicates the location where the body was found. Figures marked 1, 2, and 3 indicate the locations where the dummy landed during experiment conducted when reexamining the scene.

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FIGURE 8.2  Topography of the balcony in the apartment from where the victim reportedly fell down.

Clotheslines were seen inside as well as outside the balcony. Trials 1 and 2 indicate the location from where the dummy was dropped during the reexamination.

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FIGURE 8.3  Photograph of the inside of the balcony taken during the initial investigation. Clothes were found on the clothesline inside the balcony (gray arrow) along with a wooden stool (black arrow). Note the absence of a lower style in the wooden stool (white arrow).

FIGURE 8.4  Photograph of the outside of the balcony taken during the initial investigation. Note the

clothes on the clothesline, the bent angle (white arrow) outside the balcony, and the plastic bucket with clothes (black arrow) inside the balcony.

Cases of Death due to Fall From Height

FIGURE 8.5  Dummy similar to the height of

the victim used during the reexamination of the scene. Dummy is shown resting on the floor of the balcony. well as in the plastic bucket inside the balcony seen in the photographs of the scene taken immediately after the occurrence indicate that hanging out the laundry in the balcony was underway on the day of occurrence. The presence of the wooden stool in the balcony shows its use for gaining elevation for drying the clothes on the clotheslines. Accidental falls are known to occur during workplace related activities at heights (Shkrum and Ramsay, 2007). c) The time of the discovery of the victim on the ground is in tune with day-­to-­day routine activity of drying the clothes. Reconstruction The balcony is seen designed for use as a regular workplace for drying clothes. The photographs taken immediately in the scene support workplace-­related day-­to-­d ay activities relating

175

FIGURE 8.6  Dummy is shown resting on the

wooden stool. to hanging out the laundry in the clotheslines inside and outside the balcony on the day of occurrence. The presence of the wooden stool supports its use for gaining elevation for drying the clothes on the clotheslines. SEQUENTIAL HYPOTHESIS 2 An individual of about 1.52-­ m height (represented by a dummy) requires an object for elevation to reach the clotheslines both inside and outside the balcony for activities such as hanging out the laundry. Observed premises a) The clotheslines inside the balcony are 2.30  m high from floor level. The clotheslines outside the balcony are about 34  cm below the wooden railing which is about 1.23  m above the floor level of the balcony (Figure 8.2). The feasibility for an individual of 1.52 m height to reach these clotheslines for drying the

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FIGURE 8.7  Feasibility to reach the clotheslines

inside the balcony when resting on the wooden stool. cloth was ascertained using a dummy of similar height (Figure 8.5). b) The wooden stool seen in the balcony in Figure 8.3 which had been recovered earlier was further studied during the reexamination. The wooden stool was 0.46  m high, and the feasibility for an individual of 1.52-­m height to reach the clotheslines when using a stool of similar height for elevation was ascertained using the dummy (Figures 8.6–8.8). Accepted (major) premises a) The 1.52-­ m high dummy, when resting on the balcony floor (Figure  8.5) and stretching out the arms, could not reach the clothesline on the inner side the balcony which were at a height of 2.30 m. b) The same dummy, when elevated and rested on the 0.46-­m high wooden stool (Figure 8.6), attained a height of 1.98 m,

FIGURE 8.8  Feasibility to reach the clotheslines

outside the balcony when resting on the wooden stool. and the hands, when stretched, were seen to access the clotheslines inside the balcony (Figure 8.7) as well as those outside the balcony (Figure 8.8). Reconstruction The compulsory use of the wooden stool for hanging out the laundry by a person of about 1.52 m height is indicated by the ordinarily inaccessible higher setting of the clotheslines both inside the balcony and outside the balcony. SEQUENTIAL HYPOTHESIS 3 The vertical line passing along the center of gravity of an individual standing on a stool and maneuvering to dry the clothes on the clotheslines inside or outside the balcony would be

Cases of Death due to Fall From Height

177

shifting away from the areas of the feet of that individual.

gravity of that individual when standing on the stool.

Observed premises In the photograph taken immediately in the scene (Figure 8.3), the wooden stool is seen located in the south-­western corner of the balcony. Assuming that the aforementioned location of the stool had remained undisturbed, an individual intending to dry clothes on the clotheslines would have to be in two different postures when standing on that wooden stool—one facing east to reach the clotheslines inside the balcony, another facing west to bend and reach the clotheslines outside the balcony (see diagrammatic representations ‘A’ and ‘B’ in Figure 8.9). The stability of such an individual would be influenced by the relocation in the vertical axis passing along the center of

Accepted (major) premises The center of gravity for a human being lies in the middle of the trunk corresponding to the navel level, and, in erect posture, the vertical line along the center of gravity passes through the base covered between the areas of the feet ensuring stability. Shift in the center of gravity of an individual beyond the areas supporting the feet would lead to imbalance. When an individual of about 1.52-­m height stands on a stool as seen positioned in Figure  8.9 and maneuvers to dry clothes in the western-­ most clothesline inside the balcony (Figure 8.9-­A) or on the clotheslines outside the balcony (Figure  8.9-­ B), the body would have to bend to such extents as shown in

FIGURE 8.9  Sketches illustrating the possible postural variations of an individual when maneuvering

to reach the clotheslines inside and outside the balcony when resting on the wooden stool.

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Crime Scene Investigation and Reconstruction

Figure  8.9 that the vertical axis passing along the center of gravity of that individual would be shifted beyond the areas of the feet as shown by the dotted lines in Figure  8.9. Such relocation in the line passing along the center of gravity is likely to cause imbalance for the individual. Reconstruction Attempts to maneuver to reach the clotheslines inside as well those on the outside the balcony by a person of 1.52-­m height standing on a 0.46-­m high stool would lead to relocation of the vertical line passing along the center of gravity away from the areas covered by the feet of that individual thereby leading to imbalance. SEQUENTIAL HYPOTHESIS 4 The lack of stability, viz. the wobbling and swaying of the wooden stool, could have enhanced the imbalance for an individual standing on the stool and maneuvering to reach the clotheslines. Observed premises A detailed examination of the wooden stool with a square platform of 29.2-­ cm sides that was recovered during the initial investigation revealed loss of the two lower styles with only empty slots in their places. Examination of the image of the stool recorded in the photograph taken immediately in the scene also indicated the absence of a lower style (white arrow pointing the stool in Figure 8.3). In addition, there was a crack in the wooden structure on the upper style (Figure 8.10). The possibility for the platform of the stool to sway consequent to the structural damages in the wooden stool was studied in the laboratory. Accepted (major) premises The wooden stool recovered from the scene was examined in the laboratory by dropping plumb lines on its sides to study the extent of sway when an individual (of about 1.55-­m height and 45-­kg weight) stood on the stool and maneuvered forward and backward. During such maneuvering, the platform of the stool was found to sway, both back and forth as well as sideways, to an extent that reached a maximum of 2.5 cm (dotted lines in Figure  8.10). Such sway and wobbling in a stool used for gaining elevation would augment the imbalance for the individual standing on that stool.

FIGURE 8.10  Structural deformities in the wooden stool and the extent of wobble found during the study. These formed observable evidence indicating a lack of stability when using the stool.

Reconstruction The structural damages and the consequent lack of stability, viz. the wobbling and swaying of the wooden stool, could have augmented the imbalance for an individual when standing on that stool and maneuvering to reach the clotheslines from the balcony. SEQUENTIAL HYPOTHESIS 5 The damages in the clotheslines and the iron angle supporting them outside the balcony indicate evidence of downward stress commensurate to bend the iron structure acting on them. Observed premises a) In the photograph taken immediately in the scene, the end of the arm in the iron angle supporting the clotheslines in the southern end outside the balcony was seen downwardly bent (white arrow in Figure 8.4), and the same could be made out during the reexamination of the scene also (white arrow in Figure 8.11).

Cases of Death due to Fall From Height

179

FIGURE 8.11  Enlarged view of the bent angle in the clothesline outside the balcony—observable evidence suggesting stress on the metal angle.

FIGURE 8.12  The extent of unwinding seen in

the farthermost metal wire and the additional piece (green arrow) that revealed evidence of sagging (black and white arrows) outside the balcony. In the next slot, the twisted end of the wire is seen intact (blue arrow). The unwound and sagged metal wire provided observable evidence suggesting impact by a heavy object. The other intact angle available can be used to ascertain the tensile force required for causing similar bend. b) The terminal part of the metal wire farthermost from the balcony (green arrow in Figure 8.12 and marked as ‘Loosened wire ends’ in Figure  8.13) revealed an additional piece of metal wire still clinging into the slot (Figure 8.12). The twists of these metal wires had given way as indicated by the unwound part of the metal wire revealing repeated areas of red oxide coating (black arrows in Figure  8.12) with intermittent areas of

FIGURE 8.13  Sketch illustrating the loosened and sagged metal wire on the clothesline outside the balcony.

its absence (white arrows in Figure 8.12). In the next slot, the twisted end of the wire is seen to be intact (blue arrow in Figure 8.12). The farthermost metal wire clothesline (green arrow in Figure  8.12 and marked as ‘Sagging clothesline’ in Figure 8.13) was found to sag to an extent of 13.5 cm when pressed downward. Accepted (major) premises a) The bend in the terminal end of the iron angle that was evident in the photograph taken immediately after the occurrence (Figure  8.4) indicated that a downward stress had acted on that iron angle. During laboratory analysis using the remaining intact iron angle, weight in the range of 40 to 45 kg was found to cause perceptible bending in that arm comparable in extent to the bend observed in the bent iron angle in the scene.

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SEQUENTIAL HYPOTHESIS 6 An inert dummy, when slid atop the railing, would fall on the ground indicating a possible location that would be reached by a dead weight falling from the sixth floor. Observed premises The dummy used was slid down the railing of the balcony (Figure 8.14) two times, once without contacting the angle and on the second time contacting the angle itself, as shown by the two arrows marked ‘Trial 1’ and ‘Trial 2’ in Figure  8.2. On both the trials, the dummy fell on the ground at locations that were nearer to the basement by about 1.5  m (‘1’ and ‘2’ in Figure 8.15) compared to the location where the victim was reportedly found lying on the day of occurrence (‘0’ in Figure  8.15). The dotted line figure in location ‘2’ in Figure 8.15 indicates the initial position of the fall of the dummy from where it bumped to the final position shown in solid line and marked as ‘2’.

FIGURE 8.14  Dummy positioned for dropping

from the balcony in the sixth floor. b) The metal wire of the clothesline revealing unwound ends described before indicated greater extent of sagging. The recent nature of the unwinding of the twists in that wire is shown by the discontinuities in the surface coatings such as red-­ oxide. Downward forces acting on metal wires with their ends twisted on to other objects would stretch out those wires leading to unwinding of the twisted ends. Reconstruction The downwardly bent terminal end in the angle on the southern end of the balcony indicates downward stress on that angle caused by an object in the weight range of 40 to 45 kg or more. The evidence of downward stress on the metal wire and the arm in the iron angle support that these objects could have obstructed the weight of an individual of about 50 kg during the downward fall of that individual.

Accepted (major) premises The distance a body is found from a structure is not necessarily reliable in determining intent, i.e., jump vs. fall (Shkrum and Ramsay, 2007). Thus, a difference of about 1.5  m between the location of fall of the dummy and the location of discovery of the victim is not significant enough to suggest that the victim made a deliberate jump. The farther distance reached by the victim may be attributable to life activities at the moment of attaining imbalance or while falling. Reconstruction The differences in the distances between the locations of fall of the dummy and the location of initial discovery of the dead body were not significant enough to infer a deliberate jump on the part of the victim. The farther distance reached by the victim’s body may support that body had not descended as a dead weight but may be due to life activities at the moment of attaining imbalance or while falling. Conjoined reconstruction The sequential hypotheses 1 to 6 that took into consideration the design of the balcony for use as a regular workplace for hanging out the laundry, the compulsory requirement of the wooden

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FIGURE 8.15  The relative locations of fall of the dummy during the reexamination marked ‘1’ and ‘2’.

The location where the victim was reportedly found is marked ‘0’. stool to obtain the required elevation to reach the clotheslines, the possibility for relocation of the vertical line passing along the center of gravity outside areas of the feet for an individual maneuvering on the stool, the damages in the wooden stool and the consequent wobble when a person stands on that stool, and the location of fall of the victim ascertained using the dummy conjointly support the primary hypothesis that the victim could have fallen due to loss of stability when engaged in the day-­to-­d ay work-­related activity of hanging out the laundry. The damages on the iron structures in the clotheslines outside the balcony support the descent of a falling body rather than the alternative hypothesis (1) that the victim could have been murdered and the body

was brought down and laid on the ground to simulate fall from height. However, it is not possible to scientifically ascertain the propositions in the alternative hypotheses 2 and 3 if there was a deliberate push or an intended jump causing the fall, apart from the scene circumstances described before. Limitations in the reconstruction 1. The circumstances that prevailed in the scene such as the presence of the wooden stool and clothes on the clotheslines were inferred from the photographs taken of the scene at that time; these evidence were not available in the scene during the reexamination.

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2. The location of fall of the victim on the floor at the ground level had been identified on the basis of the statement of the witness, the complainant. 3. There is no scientific methodology to precisely relate the structural changes such as the bend in the arm of the iron angle or the loss of twists in the end of wire to have occurred on the date of occurrence of the fatal fall. 4. Although the dummy used conformed to the reported height and weight of the

victim, its volume and center of gravity could not be simulated to those of a human being in general or the victim in particular. 5. The recorded velocity of wind on the day of occurrence was 004 kmph (northwest), and on the date of dummy trial it was 004 kmph (southwest). The opposed direction of the wind could also have influenced the location of fall of the dummy although the velocity was low.

CASE 8–2: FALL INTO A WELL—WHETHER THE VICTIM WAS ALIVE OR DEAD? THE CASE A decomposed dead body was found inside a well in the backyard of a house. The deceased was identified to be a married woman living in the same locality but away from the scene house. The scene was initially examined by the designated SOCO, and, after 2 days, it was reexamined by this author on the request of the senior investigation officer. The scene house had a gated compound wall with a passage leading to the backyard (Figure 8.16). An adjacent passage also led nearer to the well with a hand pump (inset in Figure 8.16) built abetting the compound wall. PRIMARY HYPOTHESIS The dead body of the deceased was dropped in to the well—possibly a case of homicide. ALTERNATIVE HYPOTHESIS The victim fell into the well while being alive— possibly a case of suicide. SEQUENTIAL HYPOTHESIS 1 A study of the type of damages to the clothing of the deceased can indicate the possible cause that produced those damages. Observed premises a) The deceased was wearing salwar (pants) and kameez (shirt), a type of Indian costume used by women. The aforementioned clothing recovered from the dead body was reconstructed (Figures  8.17

and 8.18). The kameez revealed two irregularly tattered torn areas on its front side (arrow in Figure  8.19—‘F’ indicating ‘front side’). b) Detailed examination of the damaged areas in the kameez indicated two tattered tears, one about 3.5  cm long (‘A’ in Figures 8.20–8.22) and another about 2.5  cm long (‘B’ in Figures  8.20–8.22), with varying width on the right front side about 22 cm above the level of the lower hem (Figure  8.20). Following these tears, small patches of intermittent tattered areas extended upwards, altogether to a length of about 16  cm (diagrammatically shown in Figure  8.20; arrows other than those marked ‘A’ and ‘B’ in Figure  8.21). Corresponding to the tear in the outer cloth of the kameez (marked ‘T-­O’ in Figures 8.21 and 8.23), the inner lining cloth of the kameez also revealed two tattered tears (marked ‘T-­I’ in Figure 8.23). In the inner lining layer, one tear was about 2.0-­cm long, and the other was about 1.5-­cm long. The overall measurements taken of the kameez indicated its baggy style. c) Examination of the salwar indicated a tattered tear of about 2-­cm long in the outer cloth layer (arrow in Figure 8.24) in the region of the back rise on the right side about 17 cm below the waist level (diagrammatically shown in Figure  8.25). There was also a corresponding tattered

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183

FIGURE 8.16  Aerial view sketch showing the well in which the decomposed dead body was discovered. Note its relationship with the street. The inset shows the elevation view details of the hand pump adjacent to the parapet wall.

tear measuring about 2 cm in the inner lining cloth in the same back-­rise region of the salwar. Furthermore, on the inner aspect of the salwar corresponding to the ankle region, the inner lining cloth also revealed a tear about 1.5 cm in size. This damage was on the medial aspect of the

salwar and was about 13  cm above the level of the lower hem of the salwar (diagrammatically shown in Figure 8.25). d) All the aforementioned damages indicated irregular tattering of fibers characteristic of damage due to heavy abrasive force on the clothing caused due to

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Crime Scene Investigation and Reconstruction

FIGURE 8.19  Arrow indicates the location of

damages on the outer cloth in the kameez (shirt).

FIGURE 8.17  Salwar (pants) and kameez (shirt)

recovered from the dead body.

FIGURE 8.20  Diagrammatic representation of

the arc-­shaped tattered tear on the outer cloth of the kameez (shirt). impact on a rough surface. The relatively puffy ends of the torn fibers indicated ‘recency’ of the damages.

FIGURE 8.18  Diagrammatic illustration of the

location of damages on the cloth in the kameez (shirt).

Accepted (major) premises a) Damages on the clothing can be useful for relating the objects in a scene that caused these damages. Forcible impact of the clothing worn in the body on rough surfaces leads to tattered tears. b) The damages described on the kameez and salwar indicate direct impact on objects having rough surfaces. Such

Cases of Death due to Fall From Height

FIGURE 8.21  Close-­up view of the arc-­shaped

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FIGURE 8.23  Relationship between the tattered tear on the outer (TO) and inner (TI) layers of the cloth of the kameez (shirt).

tattered tear on the outer cloth of the kameez (shirt).

FIGURE 8.22  Enlarged view of the tattered

damages ‘A’ and ‘B’ indicating irregular snapping of the yarns of the cloth. impacts are known to result abrasive forces that cause uneven thinning of the fabric material, fraying of fibers, and formation of hole. The extent of these damages corresponds to the degree of the roughness of the impacting object and the impacting abrasive force. c) Multiple tears, in similar alignment in multiple layers of clothing, such as on

FIGURE 8.24  Tattered tear in the cloth of the

back rise on the salwar found about 17 cm below the waist level.

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Crime Scene Investigation and Reconstruction

FIGURE 8.25  Diagrammatic representation of the tattered tear in the cloth of the back rise on the salwar as shown in Figure 8.24.

the outer and inner layers of the kameez as well as on the outer and inner layers of the salwar, support the inference that these layers of clothing were one over the other when the impacting force, in one and the same event, acted on them. Multiples of such damages on different parts of the clothing, such as the damage on the ankle region, imply concurrent and multiple impacts on the same event. It has been recognized that damages to the garment may support the observations of other professionals such as pathologists (Taupin and Cwiklik, 2011). d) The fiber ends and their disposition can be useful to infer ‘recency’. Reconstruction The two major tears described as ‘A’ and ‘B’ in the kameez (shirt) of the deceased indicate that they have been caused due to heavy impact with a rough surface such as concrete structures commonly found inside a well. The correlation between the aforementioned tears with the tears in the back rise of the salwar worm by deceased indicate that both the aforementioned damages

have been caused concurrently in one and the same event. Being baggy, the kameez is likely to sway; on the other hand, the back rise of the salwar, being relatively snugly fitting, would offer better correlation with the cutaneous injuries on the deceased. The roughly arc-­shaped tattering in the entire damage indicates the impacting surface to be of similar shape, a structure likely to be present in the internal construction of a well. SEQUENTIAL HYPOTHESIS 2 Tattered and ragged tears on the clothing worn by an individual found dead inside a well can be caused due to abrasive force impacting on that individual when falling into a well and coming into contact with rough concrete surfaces in the structures inside the well. Observed premises a) During the course of reexamination, the structural details of the interior of the well were studied by this author by climbing down the well. The well was about 11-­m deep, and the inner diameter was about 1.2 m up to about 7.8 m where

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187

FIGURE 8.28  Broken concrete chunk (‘A’) lying

on the offset area along with the broken portion of the concrete sleeve (arrows).

FIGURE 8.26  Structural details of the interior of the well from which the dead body was recovered.

FIGURE 8.27  Surface of the concrete sleeve in the offset inside the well with rough edges (gray arrow) revealing the embedded iron rods (black arrows) with a broken portion (white arrow).

there was an eccentric offset (arrow in Figure 8.26) due to the reduced diameter of 1 m beyond that depth. b) In the offset area, the exposed circumference of the concrete sleeve had rough edges (gray arrow in Figure 8.27) revealing the embedded iron rods (black arrows in Figure 8.27) with a portion that was

broken (white arrow in Figure 8.27). The arc of the broken area was about 23 cm (black arrows in Figure  8.28; diagrammatically shown in Figure 8.29). c) A  chunk of the broken concrete (‘A’ in Figure 8.28) that was lying on the offset area revealed evidence of recent breakage, and its broken edges physically matched with a portion of the broken edges in the concrete sleeve (arrows in Figure 8.30). The relatively brighter surface area in the block ‘A’ may be because of the disturbance due to the activities relating to retrieving the dead body from the well. Accepted (major) premises a) In the construction of a well of limited diameter of about 1.2  m, an eccentricity and an area of offset with a further reduction in diameter to 1 m at a depth of about 7.8  m, would act a physical obstruction for a human body falling inside the well. b) In the circumstances of this case, the arc of the broken area measuring about 23  cm in the circumference of the well is seen to correlate with the roughly arc-­shaped tattered tears on the kameez worn by the deceased which extended to about 16 cm in total length. c) The structural damage in the arc of the cement concrete sleeve that has a rough surface, such as the damaged part of the arc, the presence of broken block of concrete in the offset itself, and, the physical

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FIGURE 8.29  Diagrammatic representation of the damages in the concrete sleeve.

block. The evidence of breakage further offered support indicating the impact of a heavy object falling on the concrete sleeve. SEQUENTIAL HYPOTHESIS 3 Damages on the clothing of the deceased can be correlated with the nature of the cutaneous injuries on the deceased’s body.

FIGURE 8.30  Physical match (arrows) between the broken edge of the chunk of concrete (‘A’) and the broken edge of the concrete sleeve.

match between the edges of that broken block with the edges in the damaged arc support the proposition that the tattered tears in the clothing of the deceased could have been caused due to fall and impact on the concrete sleeve. Reconstruction The arc-­shaped tattered damages in the clothing of the deceased are seen to circumstantially correlate with the rough surfaces of the concrete sleeve edges, portion of which was found broken as evidenced by physical matching of the broken

Observed premises a) The Medical Officer who conducted the autopsy had recorded the following injuries in the postmortem report. (i) Incised looking type laceration: a) 5 × 1 × ¼ cm b) 4 × 1 × ¼ cm seen on the right frontal region of scalp, the outer touching the hair margin. (ii) A vertical laceration over inner surface of left ankle 1 × 3 cm bone deep extending on the lower part of left leg. (iii) Bruising of tissues on lateral aspect of right gluteal region 6 × 3 × 2 cm. (iv) Bruising of tissues on inner aspect of right ankle 7 × 6 × 1 cm. (v) Circular and elliptical old healed scars on (a) right side of chest below the breast 2 × ½ cm; (b) on right hypochondrium 4 × 3 cm; (c) on the middle of right abdomen 4 × 3, 3 × 2 cm.

Cases of Death due to Fall From Height

(vi) A  depression 1 × 2.5  cm seen on right frontal bone near lower part of coronal suture. b) Among the six injuries noted before, the injury ‘(iii) Bruising of tissues on lateral aspect of right gluteal region 6 × 3 × 2  cm’ is seen to correlate with the tattered damages in the multiple layers of the clothing, i.e., the kameez as well as the right back rise in the salwar worn by the deceased. In addition, the injury ‘(iv) Bruising of tissues on inner aspect of right ankle 7 × 6 × 1 cm’ is seen to correlate with the damage seen on cloth in the inner aspect of the salwar above the right hem. Accepted (major) premises a) Bruising on the body parts that are covered with clothes cannot occur without damaging the clothes on the corresponding part unless the clothes are uplifted exposing the cutaneous layer for direct contact. Bruises are a sign of cardiac output (McCallin, 1901; Dix, 2000; Shkrum and Ramsay, 2007), and fabric holes are known to match with cutaneous wounds (Shkrum and Ramsay, 2007). b) Although the determination of primary impact sites is not always obvious during a fall, direct impacts occur on the head, buttocks, and lower extremities (Shkrum and Ramsay, 2007). Multiple cutaneous injuries on different surfaces of the body imply multiple concurrent impacts during fall (Dix, 2000; Shkrum and Ramsay, 2007). Reconstruction The tattered-­type of damages, especially those on two different locations in the kameez and on the back rise of the salwar, are seen to correlate

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well with the cutaneous injury, the abrasion, described on the right buttock of the deceased. In addition, the damage on the right inner aspect of the salwar also correlates with the laceration in the inner right ankle of the deceased. Thus, more than one cutaneous injury is seen to be correlating with corresponding damages in multiple locations in the clothing supporting concurrent impact. Abrasions and lacerations being antemortem cutaneous injuries, the possibility for the deceased to have fallen into the well when alive is seen to be supported. SEQUENTIAL HYPOTHESIS 4 Hand-­written notes suggesting depressed state of mind supporting suicide and victims of suicide are known to consume sedatives. Observed premises a) Reconstruction of the writings on torn pieces of paper recovered from the room in the house where the victim lived indicated parts comprising portions such as ‘No one has tortured me or done anything to me’ (Figure 8.31) suggesting the torn pieces to be parts of a suicide note. e) Diazepam had been detected during toxicological analysis of the visceral organs. Accepted (major) premises f) In cases of suicidal falls, depression has been indicated as being more common than psychosis, and the information that had assisted in the determination of suicide included suicide notes and suicidal ideation (Shkrum and Ramsay, 2007). e) Although drugs like diazepam can be used for incapacitating vulnerable victims before homicidal assault, these drugs are also commonly found among suicidal victims (Shkrum and Ramsay, 2007).

FIGURE 8.31  Portion of writings on torn pieces of paper recovered from the room in the house where

the victim lived.

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Crime Scene Investigation and Reconstruction

Reconstruction The presence of handwritten notes suggesting depressed state of the mind of the deceased supports intention to commit suicide. Consumption of sleeping pills has been known among victims of suicide. Conjoined reconstruction The two major tattered tears on multiple layers of the kameez (shirt) and the tattered tears on the two layers of cloth on the back rise of the salwar, all of which are characteristic of abrasive damages due to impact on rough surfaces, are seen to correlate well with the damages in the concrete sleeve in the offset inside the well offering support for the impact of the clothed body of victim on the edges of the concrete sleeve. The broken block of concrete in the offset inside the well which physically matched with the damage in the sleeve is seen to offer further support for the aforementioned inference. The correspondence of two cutaneous injuries on the deceased with damages on the clothing worn by the deceased, more particularly, the relatedness between the injury on the gluteal region and the damage of clothing, from the outer layer to the inner layer, on the back rise of the salwar worn by the deceased, indicate the possibility for the deceased to have fallen into the well when alive. The occurrence of multiple damages on the clothing and corresponding multiple cutaneous injuries on the body concurrently in one and the same event is particularly pertinent in supporting that the victim fell while alive. The aforementioned inferences, when evaluated alongside the handwritten notes that suggested depressed state of the mind, and the presence of diazepam in the visceral organs of the deceased support the alternative hypothesis that deceased had fallen into the well while alive and that the manner death could be suicide.

8.4 DISCUSSION 8.4.1 Myths and Facts Relating to Observations in Death due to Fall

i. Myth: In cases of deaths due to fall, the greater height of barrier supports homicide. Fact: In cases of deaths due to fall, clearing barriers of greater height indicates victim’s resolution and hence supports suicide (Taylor, 1873; Dix, 2000).

Postscript The doctor who conducted the post-­ mortem examination on the decomposed body recovered from the well had opined that the deceased would have died due to diazepam poison and that drowning was post-­mortem in nature. Diazepam tablets were found in the room of the deceased. The prosecution case was that the husband of the deceased mixed diazepam tablet in tea and administered the same to the deceased, murdered her, and, then, along with his father, transported the dead body to the well and dropped into it. The trial court acquitted the accused due to lack of evidence, and during the revision, the Hon’ble Judge of the High Court also upheld the decision of the trial court (Vasu vs. Krishnan and others in Criminal Revision No. 1556 of 2003, The High Court of Judicature at Madras dated 02–08–2007). In this case, the manner of death as due to diazepam poisoning and drowning as post-­ mortem had been decided solely on the basis of the opinion of the medical doctor who conducted autopsy. Considering drowning as postmortem implies dropping the dead body into the well, a circumstance that does not reconcile with the reconstruction described before in which the abrasive damages on the clothing, possibly caused due to impact with structures inside the well, had been shown to align with cutaneous injuries of antemortem nature on the deceased which had been described by the medical doctor who conducted the autopsy. As such, the manner of death suggested as due to diazepam poisoning and disposal of the body into the well after death remains debatable. Appropriate integration of the scene reconstruction with the autopsy findings would have brought to light the manner of death that could be scientifically supported as nearer to ground reality.

ii. Myth: Finding a dead body at a greater distance from the building indicates ‘jumping’ to death. Fact: The distance a body is found from a structure is not necessarily reliable in determining intent, i.e., jump vs. fall (Shkrum and Ramsay, 2007). iii. Myth: The injuries sustained during a death due to fall can indicate the cause of initiation of fall.

Cases of Death due to Fall From Height

Fact: Among the injuries sustained during a death due to fall, only those injuries pertaining to gripping or restraining can indicate the cause of fall (Shepherd, 2005). iv. Myth: Falls onto the ground occur from a considerable height. Fact: Falls onto the ground may occur even from standing (Shepherd, 2005). 8.4.2  Workplace-­Related Falls Among the workplace incidents and other accidental falls, falling from buildings, scaffolds, and ladders is a leading cause of death in the construction industry. Males aged 20 to 30  years are the most frequent victims (Shkrum and Ramsay, 2007). Workplace-­related falls usually occur in the presence of witnesses, and its accidental nature may also be identified by the work-­related objects or instruments that had also fallen along with the victim. 8.4.3  Falling Under Intoxication Although intoxication may arise as an issue in workplace-­related falls also, intoxication and reckless behavior are the two well-­ known common factors in non-­ work-­ related accidental as well as suicidal falls. The use of ethanol and illicit drugs has been detected in up to one-­third of accident and suicide victims (Shkrum and Ramsay, 2007). 8.4.4  Fall of Children Defective barriers and lack of adult supervision lead to children falling from apartment buildings. Children are reported to tolerate falls better than adults as they have less mass and more flexible bones (Shkrum and Ramsay, 2007). 8.4.5 Useful Circumstantial Clues at Scenes of Fall From Heights Evidence indicating preparation to jump may be available in cases of planned suicides. These evidence would include removal of jewels and keeping them in a safe place at home or removal of the shoes and other footwear before jumping. Other scene findings that would support intent in cases of fall from height are deliberate attempts to reach the height such as climbing over a barrier or crawling through a narrow passage.

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Evidence of recent damages in the objects that obstruct the passage of a falling body can offer clue that a body had traversed that passage. Such evidence include damages in tree branches, concrete or other projections from buildings such as sunshades, roof shades, etc. When tree branches are damaged, evidence indicating the downward direction of severing of the branches must be observed and recorded. The presence of leaves or other traces of vegetation on the clothing of the victim and the traces of fibers of the clothing of the victim on the obstructing objects must also be looked for and recorded. Damage to clothing continues to be one of the neglected clues in cases of fall from heights. The damages may include tears caused by sharp objects that intervened during the fall or, more commonly, those damages that relate to impact of the clothes on a rough surface at the completion of the fall. Here, the relevance of the discussion on ‘Evidentiary value of cloth and damages on clothes’ in Chapter  5 is indicated. 8.4.6 Handwriting Evidence in the Form of Suicide Note In many of the equivocal deaths, crime scene investigation may lead to the recovery of handwritten notes expressing suicide ideation. In the United States, suicide notes have been noted as occurring in about one-­third of the suicidal deaths involving manners such as by fall from heights, hanging, drowning, gunshot wounds, and penetrating wounds. In addition, suicide notes have also been noted in cases of death by ligature strangulation and by inhalation of exhaust fumes (Shkrum and Ramsay, 2007). Dix (2000) mentions suicide note in a case of death by firearm wound and in a case of death by crashing a motor vehicle into a rock wall. Authors also caution that if a suicide note identifies the suicidal agent or agents, toxicological analysis may reveal a different substance entirely (Hepler and Isenschmid, 2008). However, suicide notes, once recovered in a scene, oftentimes play a vital role in concluding whether the particular act that led to the death of the individual was predetermined. It must be noted that suicide notes may not always occur in full or in traditionally written form on sheets of paper. In Case 8–2 described before, the note, written on pages of foolscap paper, was found torn into multiple pieces that were left in the waste bin in the room where the victim was living. On reconstructing the pieces, the final sentence, shown in Figure  8.31, provided the cue on

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FIGURE 8.32  Note found written in vernacular Tamil on the floor of the house of the victim averring that the victim was being taken to the river by some unknown person. Some of the letters revealing useful hand writing characteristics are shown using arrows.

FIGURE 8.33  Admitted writing of the deceased

individual indicating similar letters (arrows) as shown in Figure 8.32. suicide ideation on the part of the deceased. In a case of death by drowning, the victim who killed her child and herself by throwing themselves into a river wrote a note, in vernacular Tamil, on the floor of her house using charcoal averring that she was being taken to the river by some unknown person (Figure 8.32). In spite of the writing being scribbled on the floor, the characteristics, some of them shown using arrows 1–4 in Figure  8.32, could be compared with the admitted writing of the deceased on a post-­card written earlier (arrows 1–4 in Figure 8.33; individual letters displayed side by side in Figure  8.34). Misleading statements in suicide notes or in the oral statements of victims of suicide recorded before death are not uncommon in India where there is a social stigma attached to committing suicide. It is also possible to stage a suicide note, and, in addition, averments that suicidal notes are staged may also be leveled by relatives of

FIGURE 8.34  Side-­ by-­ side display of the letters

pointed out in Figures  8.32 and 8.33 highlighting examples of handwriting characteristics that can be useful for comparison.

Cases of Death due to Fall From Height

victims of suicide. In either case, the SOCOs must strive to obtain admitted writings of the deceased individual which reveal comparable characteristics that can be examined by document experts to identify if the writings are genuine. Such characteristics include, among others, the beginning and ending of the stroke, some of which are shown using arrows in Figure 8.34 and the shade which form part of the morphology of the “line quality” and differences in relative size of the letters (Osborn, 1991; Hilton, 1993; Huber and Headrick, 1999; Ellen, 2006). Regarding the importance of pen-­pressure-­related qualities in handwriting, Osborn (1991) states that they “almost deserves to be learned by heart” and that “[o]ne who does not understand them is not qualified to give an opinion on the subject of questioned, disputed or suspected handwriting”.

REFERENCES Cross, R. Fatal falls from a height: Two case studies, J Forensic Sci., 51 (1) (2006): 93–99 Dix, J. Colour Atlas of Forensic Pathology, Boca Raton, FL: CRC Press, 2000. Ellen, D. Scientific Examination of Document: Methods and Techniques, Boca Raton, FL: CRC Taylor and Francis, 2006.

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Hepler, B. R. and Isenschmid, D. S. Specimen selection, collection, preservation, and security, in Postmortem Toxicology of Abused Drugs, Karch, S. B. (Ed.) Boca Raton, FL: CRC Press, 2008. Hilton, O. Scientific Examination of Questioned Documents, Boca Raton, FL: CRC Press, 1993. Huber, R. A., Headrick, A. M. Handwriting Identification: Facts and Fundamentals, Boca Raton, FL: CRC Press, 1999. McCallin, W. Introduction to Medical Jurisprudence, London: Bailliere, Tindall and Cox, 1901. Osborn, A. S. Questioned Document Problems: The Discovery and Proof of the Facts, NJ: Patterson Smith, 1991. Shepherd, R. Deaths in custody, in Clinical Forensic Medicine: A Physician’s Guide, 2nd ed., Stark, M. M. (Ed.) Totowa, NJ: Humana Press Inc., 2005. Shkrum, M. J. and Ramsay, D. A. Forensic Pathology of Trauma Common Problems for the Pathologist, Totowa, NJ: Humana Press, 2007. Taupin, J. M. and Cwiklik, C. Scientific Protocols for Forensic Examination of Clothing, Boca Raton, FL: CRC Press, 2011. Taylor, A. S. The Principles and Practice of Medical Jurisprudence, 2nd ed., Philadelphia: Henry C Lea, 1873.

Chapter

9

Scheme for Investigating Cases of Death due to Electrocution 9.1 INTRODUCTION In deaths due to electrocution, all manners of death have been recognized to be possible. Shkrum and Ramsay (2007) cite a study of 220 electrocutions among which 217 related to accidents, two to suicides, and one to homicide. Any sudden death near an electric cord must be evaluated for a possible electrocution since no injuries may be found on the body if the death is due to low voltage (Dix, 2000). Death due to electrocution is so sudden that it is often linked to increased or abnormal muscle contraction (Dix and Graham, 2000; Shkrum and Ramsay, 2007). It is important that the body posture must be studied immediately in the scene. Especially, the position of the arms and legs must be recorded in relation to gravity to identify if there is evidence of instantaneous rigor. In deaths due to electrocution, the entry and exit wounds are seen as being burns on the skin and may range from pinpoint to large and can be

DOI: 10.4324/9781003267096-9

missed. When the body parts are in contact with the ground, the exit wounds may not be large and apparent. However, the presence of entry wounds in body parts which are in contact with the electrical wires or with other objects that conduct electricity would offer sufficient evidence indicating electrocution. The entry wounds usually present with a central area of charring surrounded by a gray–white zone of necrosis (Shkrum and Ramsay, 2007). Metal contacts that act as conductors of electricity to the body parts leave evidence on the skin in the form of metallic deposits (e.g., copper, iron) on skin surfaces that are burned. The related metal objects may reveal charred skin residues sticking to them. Lightning is a natural cause of electrocution, and the injuries can vary depending on the nature of the strike. The methodology suggested in the flowchart (9.2 Flowchart) and the cases described would enable identification of relevant observations during the scientific investigation of deaths due to electrocution.

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RIGOR MORTIS LIVIDITY

CADAVERIC SPASM - Body posture in relation to gravity - Objects held in hands/ mouth etc.

EVIDENCE OF ELABORATE ARRANGEMENT - Delicate maneuvering - Binding with tape - Others

WORK-PLACE RELATED ACTIVITIES - Tools - Others

BODY POSTURE AND ELECTRICITY SOURCE - Accessibility - Additional contrivances - Others

OVERALL Lying/sitting/others

POSTURE

TRACE EVIDENCE (ON CONDUCTOR) - Skin traces - Cloth/fiber traces

TRACE EVIDENCE (ON THE BODY) - Char evidence - Metal traces

• Consider workplace activities, body posturein relation to gravity, and accessibility to electrical source when hypothesizing accidental possibilities. • Consider evidence of elaborate arrangement and delicate maneuvering when hypothesizing suicidal or homicidal nature of electrocution.

CUES FOR RECONSTRUCTION

MINOR ELECTRICAL BURNS (EXIT SITES) Crater like injuries Multiple/single Palms/ feet/areas of body contact

- Course of exposed electrical wires

MAJOR ELECTRICAL BURNS (ENTRY SITES) - Multiple/single - Missing fingers /toes/Lesions in body - Severe burn in lightning

INJURIES

DEAD BODY

OBSERVATIONS

THROWN OBJECTS In lightning - Injury type - Metal objects - Torn cloth

IMPRINT EVIDENCE Fingerprints etc.

OTHER OBJECTS - For access - For cutting - For insulating - Any other

ELECTRICAL CIRCUIT - High voltage - Melting/arcing - Low voltage contact - Fuse/Electric equipment

OUTDOOR—lightning

ACCESS TO ELECTRICITY—INDOOR - Direct—via wires - Indirect—dampness

SOC

CRIME SCENE

Include measurements wherever possible

- Others

- Objects held – wires etc.

- Victim’s posture

- Electricity source

HIGHLIGHTS

- Include cardinal directions

- Ground plan - Elevation view - Isometric view

OVER-ALL SOC

SKETCH

WOUNDS: - Missing finger/toe - Burns—major - Burns—minor - Crater like wound - Wound in relation to earth

Posture–gravity relationship

Object in hand/mouth etc.

THROWN OBJECTS In lightning - Metal objects - Torn cloth

IMPRINT EVIDENCE Scaled photos

OTHER OBJECTS - For access - For cutting - For insulating - Any other

- Trace evidence Metal/plastics

- State of switches/plugs

- State of fuse

- Source of electricity

OVERALL

OVERALL Lying/sitting/others

SOC

DEAD BODY

PHOTOGRAPHY

9.2  FLOWCHART FOR INVESTIGATING DEATH DUE TO ELECTROCUTION

196 Crime Scene Investigation and Reconstruction

Cases of Death due to Electrocution

197

9.3  CASE STUDIES—CASES 9–1 TO 9–3 CASE 9–1: ACCIDENTAL ELECTROCUTION—DOMESTIC VOLTAGE THE CASE A male individual was found dead in his house lying on his back with the left hand holding a metal wire (Figure 9.1). It was reported that the deceased was trying to fix a clothesline by fastening a metal wire to a nail and then attempting to drive the nail on to the wall of the house. On exposing the wall, the nail (white arrow in Figure  9.2) was seen contacting the electric wire inside the wall. The metal wire gripped in the hand of the victim was in continuity with the nail (black arrow in Figure 9.2) finally twisted on to the nail.

PRIMARY HYPOTHESIS The victim died due to accidental electrocution because of negligence. ALTERNATIVE HYPOTHESIS Apparently, there was no other alternative hypothesis SEQUENTIAL HYPOTHESIS 1 The circumstances in the scene indicate the involvement of the deceased in domestic work-­ related activities.

FIGURE 9.1  A male individual lying dead in his house with the left hand holding a metal wire.

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Crime Scene Investigation and Reconstruction

Observed premises a) The deceased was found lying on the floor with the twisted metal wire held in the hand (Figure 9.1). The metal wire was in continuity with a nail (black arrow in Figure  9.2) which was seen driven into the wall (white arrow in Figure 9.2). The presence of a chisel, etc., on the bench (Figure  9.1) indicated that the deceased was involved in domestic-­ work-­ related activity of fixing a clothesline in the house. b) The metal wire was in contact with multiple parts of the deceased and had caused burn injuries typical of electrical burns in those areas of contact such as the right upper arm (white arrow in Figure  9.3) and right abdomen (black arrow in Figure 9.3). The metal wire in the abdominal region indicated charred tissues adhering to it.

FIGURE 9.2  The metal wire (black arrow) was

seen connected to a nail (white arrow) driven on the wall.

Accepted (major) premises a) Many of the electrical injury deaths are known to occur at home, and low-­ voltage injuries occur due to contact with

FIGURE 9.3  Electrical burns on the victim included those on the areas of contact of the wire, viz. on the right upper arm (white arrow) and right abdomen (black arrow).

Cases of Death due to Electrocution

199

energized objects such as wires (Shkrum and Ramsay, 2007). b) Burn injuries on the deceased in the areas of contact with the metal wire indicate passage of electricity to the body through the metal wire in the posture in which the deceased was found in the scene. Reconstruction The nail with metal wire twisted on to it and seen driven into the wall, the metal wire held in the hand of the deceased, and the other circumstances in the scene indicate that the deceased was involved in the domestic-­work-­related activity of fixing a clothesline in his house. SEQUENTIAL HYPOTHESIS 2 The evidence of cadaveric spasm in the position of the deceased in a scene indicates the final activities and the last posture of the deceased at the time death occurred. Observed premises a) The left hand of the deceased is seen held upward with the fingers gripping the metal wire (arrow in Figure 9.4), signs indicating immediate onset of rigidity, viz. cadaveric spasm, in these parts of the body. The metal wire near the hand is not straight and taut but instead indicates sag. b) The iron nail gripped between teeth (arrow in Figure 9.5) indicates cadaveric spasm in the jaw since the jaw muscles had not relaxed immediately after death.

FIGURE 9.4  Observable evidence indicating

cadaveric spasm was the upwardly held hand with the fingers gripping the metal wire (arrow). Note the grip of the wire by the fingers with the thumb finger held within the other fingers—an observation pointing to the failure of primary flaccidity and, instead, the onset of instant rigidity during death.

Accepted (major) premises a) Although the upwardly held left hand may be argued to be supported by the tension of metal wire, the sag in the wire indicates that the hand is not wholly supported by the wire. Furthermore, the gripped state of the metal wire inside the fingers with the thumb finger folded within the other fingers leads to the strong inference that primary flaccidity had failed to set in the left hand and that the present posture indicates cadaveric spasm. b) The nail gripped between the teeth reinforces the occurrence of cadaveric spasm in the jaw. Increased or abnormal muscle contraction during electrocution is

FIGURE 9.5  The nail gripped between the teeth

(arrow)—another observable evidence reinforcing instant rigidity during death.

200

Crime Scene Investigation and Reconstruction

known to lead to ‘instantaneous’ rigor consistent with the circumstances of the death (Shkrum and Ramsay, 2007). Cadaveric spasm represents the posture of the deceased at the time of death and is known to occur in deaths due to electrocution (Dix and Graham, 2000; DiMaio and DiMaio, 2001; Shkrum and Ramsay, 2007; Fierro, 2013). Reconstruction The posture and grip seen in the left hand and the gripping of the nail in the mouth indicate cadaveric spasm and illustrate the posture in which death had occurred. Conjoined reconstruction The continuity of the steel wire from the wall to the body with electrical burns in the arm and abdomen indicates the accidental nature of electrocution. The posture of the deceased, especially the left hand fingers gripping the wire and the nail held between the rows of teeth, portrays cadaveric spasm and thus depicts the last act of the deceased at the time of death, and these acts point out that the deceased was involved in domestic activities pertaining to fixing the iron clothesline on the wall. The primary hypothesis that the victim died due to accidental electrocution because of negligence is seen to be supported by both the aforementioned sequential hypotheses.

Postscript Manifestation of cadaveric spasm in a death caused by electrocution is well illustrated in this case. Evidence in the scene indicated that the victim was involved in the domestic activity of fixing a clothesline rendering the accidental nature of electrocution obvious. Under such circumstances, the diagnosis of cadaveric spasm offers an opportunity to verify the belief of some authors that early normal rigor could have supervened leading to misreporting as cadaveric spasm (Saukko and Knight, 2016). Such a claim does not appear acceptable in the present case since the grip with which the wire was held in the hand or the nail was retained between the teeth could not be attributed to normal rigor mortis, however early it may be. Per contra, the very fact that the wire was gripped by the hand and the nail was still in between the teeth offered telltale evidence that rigidity had set in instantaneously in the muscles of these parts before the normal primary flaccidity occurred. Manipulating the scene to create the appearance of cadaveric spasm may sound acceptable when staging the scene to hide a homicide while in the instant case such a proposition would not prove tenable. Interestingly, even the authors criticizing cadaveric spasm like Bedford and Tsokos (2013) are seen to concede that grasp reflex response to the electrical stimulus may occur in death due to electrocution, for which this case offers a typical example.

CASE 9–2: ACCIDENTAL ELECTROCUTION—LINE VOLTAGE THE CASE

ALTERNATIVE HYPOTHESIS

A male individual was reportedly repairing the pipeline in a water pumping motor in a well. The iron pipe that was held upright accidentally fell down (white arrow in Figure 9.6). During the fall, the iron pipe contacted the electrical power line running overhead (black arrow in Figure 9.6), and the repairman was electrocuted. The victim was taken to the hospital where he was declared dead.

Apparently, there was no other alternative hypothesis.

PRIMARY HYPOTHESIS The victim died due to accidental electrocution because of negligence.

SEQUENTIAL HYPOTHESIS 1 There had been contact between the iron pipe and the power line leading to electrocution of the victim who was in contact with the iron pipe. Observed premises Multiple electrical burns were found in the chest region of the victim, and these injuries indicated a roughly linear alignment (white arrows in Figure 9.7).

Cases of Death due to Electrocution

201

Accepted (major) premises Electrical burns on the body indicate points of entry of electricity, and the linear alignment of the burns supports the object conducting electricity being a pipe as found in the scene. Reconstruction The electrical burns on the victim’s body are consistent with contact of the deceased with a linear structure capable of conducting electricity such as the iron pipe found in the scene. SEQUENTIAL HYPOTHESIS 2 There had been contact between the iron pipe and the power line leading to conduction of electricity in the iron pipe. Observed premises

FIGURE 9.6  A  scene of electrocution showing iron pipe (white arrow) and the electrical power line (black arrow).

a) The iron pipe revealed evidence of electrical arcing to an extent of about 4 ft. along its length (Figure 9.8) in the form of series of dots with smoky deposits indicating directionality toward one side (enlarged image in Figure 9.9). Electrical

FIGURE 9.7  Electrical burns on the chest of the victim (arrows). Note the linear disposition.

202

Crime Scene Investigation and Reconstruction

FIGURE 9.8  Evidence of electrical arcing on the iron pipe.

arcing between two objects, here the power line and the iron pipe, produces series of multiple burns (Figures 9.8 and 9.9) when one of the objects, in this case the iron pipe, was moving and sliding on the other object, the power line. Accepted (major) premises The metal surface of the pipe, when sliding in contact with electrified power line, will generate a series of arcing leaving characteristic marks on the surface of the pipe.

FIGURE 9.9  Enlargement of the arcing evidence on the iron pipe indicating directionality.

Reconstruction The series of arc marks in the iron pipe is consistent with contact of the iron pipe with the power line leading to arcing followed by a sliding movement as indicated by the directionality in series of arc marks.

Cases of Death due to Electrocution

FIGURE 9.10  Limited evidence of arcing on a power line caused by intermittent contact of the metal frame of a lorry.

Conjoined reconstruction The cutaneous injuries on the body of the deceased indicate characteristics of electrical burns, and the alignment of these injuries is consistent with contact with a pipe-­like object found in the scene. The pattern of arcing on the surface of the pipe indicates contact of that surface with an electrical line and subsequent sliding of the pipe. The observations and the sequential hypotheses described before support that the deceased had died due to accidental electrocution.

203

FIGURE 9.11  Continuous arcing caused by the

contact of the metal frame of a lorry with the power line leading to melting and snapping of the power line wire. Note Intermittent contact of metal objects with electrical wires may lead to limited evidence of arcing (Figure  9.10), while continued arcing in a particular location may cause melting and snapping of the metal in the electrical wire (Figure  9.11). These illustrations relate to another accidental contact between a lorry frame and a power line.

CASE 9–3: DEATH DUE TO ELECTROCUTION: SUICIDE-­M ISTAKEN-­FOR-­MURDER? THE CASE A female individual was seen dead reclining on an iron chair in her house, and a coir rope (white arrow in Figure  9.12) was seen tied around her waist. Two electrical wires, from a plug point on the wall across the table (black arrow in Figure 9.12), were seen connected to the deceased—one to the gold bangle worn on the right hand (white arrow in Figure 9.13) and the other to the silver anklet worn on the left foot (black arrow in Figures 9.13 and 9.14). The items of materials recovered from the scene included a knife that was found on the table and two cut pieces of electrical wires, one about 4½ inches and another about 1½ inches long. A ten-­month-­ old girl baby of the deceased was found tied with a rope in another location of the house. Based on the photographs taken immediately in the scene, the possible alternative hypothesis

in reconstructing the scene came to be discussed with this author subsequent to the completion of the initial scene investigation. PRIMARY HYPOTHESIS The victim was electrocuted after causing unconsciousness—a possible case of homicide. ALTERNATIVE HYPOTHESIS The victim electrocuted herself—a possible case of suicide.

SEQUENTIAL HYPOTHESIS 1 Elaborate arrangement and evidence of delicate maneuvering in attaining the electrical connections support the free will and involvement of the

204

Crime Scene Investigation and Reconstruction

FIGURE 9.12  A  female individual seen dead

reclining on a chair with a coir rope (white arrow) tied around her waist. Two electrical wires from the plug point across the table (black arrow) were seen connected to the deceased.

FIGURE 9.13  One electrical wire was seen connected to the bangle worn on the right hand of the deceased (white arrow), while the other wire was seen connected to the anklet worn on the left foot (black arrow).

deceased in the process of accomplishing those connections. Observed premises a) On enlarging the photograph showing the electrical wire connected to the anklet (black arrow in Figure 9.14), the wire connected to the anklet was seen passing underneath the anklet and then connecting to the anklet (white arrow in Figure 9.15). b) The electrical wire connected to the bangle was seen sagging downward, going upward, held underneath the right ring finger of the deceased (black arrow in Figure 9.16) and then connecting to the plug point. In both the connections, one

FIGURE 9.14  Electrical burn on the ankle cor-

responding to the anklet. on the anklet and the other on the bangle, the copper core of the electrical wire was seen exposed and in contact with the skin surface.

Cases of Death due to Electrocution

205

FIGURE 9.16  Enlarged view showing the elecFIGURE 9.15  Enlarged view of the wire on the

anklet. Note the wire passing underneath the anklet and then connecting to the anklet (white arrow)—observable evidence indicating elaborate arrangement in wiring. Accepted (major) premises a) Elaborate wiring has been indicated in suicide by electrocution (Shkrum and Ramsay, 2007). b) Authors have noted that in cases of suicide by electrocution, wires are connected from the electrical source to the skin surface where the copper wires remain exposed or secured by duct tape (Shkrum and Ramsay, 2007). Reconstruction Accomplishing the electrical connections using electrical wires that are connected to two different ornaments in different body parts, viz. the wrist and ankle, with the copper core of the wires remaining exposed and twisted on these ornaments, indicated elaborate arrangement and delicate maneuvering supporting the free will and involvement of the victim in the aforementioned processes.

trical wire connected to the bangle. Note the wire passing underneath the right ring finger of the deceased (black arrow)—another observable evidence pointing to an elaborate arrangement in wiring. SEQUENTIAL HYPOTHESIS 2 The upwardly positioned left arm with flexed wrist supports instantaneous rigor or cadaveric spasm indicating the posture seen in the photograph as the final position of the victim when death occurred. Observed premises a) The left arm that remained upwardly oriented with the elbow held straight (black arrow in Figure  9.17) and with the hand resting on the cradle wood with rope (parts of baby swing) on the edge of the table (white arrow in Figure  9.17) illustrated instantaneous rigor in that hand in the posture of the deceased seen in the photograph since occurrence of flaccidity would have caused the muscles of the arm and the hand to sag and slide down from the table in tune with gravity.

206

Crime Scene Investigation and Reconstruction

lead to grasp reflex leading to ‘instantaneous’ rigor or cadaveric spasm in parts of the body consistent with the circumstances of the death (Knight, 1997; Shkrum and Ramsay, 2007; Bedford and Tsokos, 2013). Cadaveric spasm cannot be simulated after death, and it may, therefore, be of considerable value in the differential diagnosis between suicide and homicide (Mason, 1993). Reconstruction The onset of cadaveric spasm in the extended posture of the left arm and the ‘instantaneous rigor’ evident in the grasp reflex in the left hand holding the cradle wood are evident from the fact that these parts of the body are seen held against gravity, an indication counter to the sagging of muscles that is normal when death occurs. As such, the position of the deceased in the scene, as recorded in the photographs, indicates her final posture that the left arm was extended upwards on the table possibly toward the source of electricity at the moment she died. This reconstruction does not support placing an unconscious victim and electrocuting her by an assailant switching on the electricity. Conjoined reconstruction FIGURE 9.17  The left arm was seen held upward

against gravity with the elbow held straight (black arrow) and the hand flexed at the wrist and held on the cradle wood (white arrow). These observations support the onset of instantaneous rigor during death that occurred in the aforementioned posture of the deceased. b) The downwardly flexed state of the left wrist (white arrow in Figure  9.17) with the fingers pointing forward when holding the cradle wood illustrates a state of instantaneous rigor in that posture since flaccidity would have caused the hand to sag and slide down in tune with gravity. Accepted (major) premises a) ‘Instantaneous rigor’ in skeletal muscles is known to occur during death due to electrocution (Knight, 1997; Shkrum and Ramsay, 2007; Bedford and Tsokos, 2013). b) Increased or abnormal muscle contraction during electrocution is known to

The observations suggesting elaborate arrangement and delicate maneuvering for attaining the electrical connections support the free will and involvement of the deceased. The definite onset of cadaveric spasm in the left arm of the deceased is supported by the fact that the left arm as well as the hand was still maintained, after death, in the extended posture against gravity. While cadaveric spasm is supported by scholarly literature, there is no such support for the proposition that the hand of an unconscious victim can be held fast against gravity before causing the death of that individual. The sequential hypotheses described earlier do not support the primary hypothesis that the victim was electrocuted by an assailant after causing unconsciousness and that the manner of death was homicide. On the other hand, the two sequential hypotheses described before support that the deceased electrocuted herself. Postscript The medical doctor who conducted the autopsy had noted that rigor mortis had passed off and that frothy and bloody discharge was issuing

Cases of Death due to Electrocution

from the mouth. The antemortem characteristics in the externally seen electrical burns on the wrist and ankle of the deceased were described in the autopsy report. Internally, the air passage, esophagus, glottis, and lungs were noted as congested. After the receipt of the report from the toxicologist that the examination of the viscera of the deceased did not reveal any toxic substances, the doctor had opined the cause of death as due to electrocution. During the subsequent opinion that was canvassed, the doctor had stated that the congestions in the air passage, esophagus, glottis, and lungs are symptoms that could also occur when strangulating the neck. The prosecution put forth the theory that the husband of the deceased throttled the deceased, caused unconsciousness, tied her to the chair, and then electrocuted her to death. During the trial, the defense counsel had argued that the case could be one of suicide and that the cradle wood could have been used by the deceased to reach the electrical point to turn it on. However, considering the circumstances in the scene and the opinion of the medical doctor that the congestion in the air passage could also be caused due to throttling, the husband was convicted to life imprisonment (State vs. Anthoniraj in Sessions Case No. 25/1988 Sessions Court, Thiruchirapalli dated 30.03.1988).

9.4 DISCUSSION 9.4.1 Myths and Facts Relating to Observations in Deaths due to Electrocution

i. Myth: Characteristic entry and exit wounds are seen in death due to electrocution. Fact: When in soles, the exit wounds may be pin point and not be obvious (Dix, 2000; Shkrum and Ramsay, 2007). ii. Myth: Elaborate wiring on the body secured by tapes supports homicide. Fact: Elaborate wiring on the body secured by tapes supports suicide (Shkrum and Ramsay, 2007). iii. Myth: Rigor mortis takes the same duration irrespective of the manner of death. Fact: Rigor may set rapidly in causes of death associated with increased or abnormal muscle contraction such as electrocution (Shkrum and Ramsay, 2007).

207

In this case, cadaveric spasm, a well-­ accepted phenomenon in death due to electrocution, had not been recognized during the immediate examination of the scene although its manifestation can be assessed, as illustrated earlier, when studying the photographs that had been taken of the scene immediately. It is also pertinent that once cadaveric spasm is not recognized in the scene before moving the body, it cannot be recognized during autopsy. Furthermore, the position of the dead body seen in the photographs that suggested the onset of cadaveric spasm had not been integrated with the autopsy findings when suggesting the manner of death as homicide. Pertinently, even when conceding to the theory that the victim was throttled and then electrocuted when unconscious, the rigid posture of the hand against gravity across the table cannot accrue when the deceased was unconscious; the hand extended during unconscious state would only tend to sag downward. In this case, the photographic depiction of the body posture demonstrative of cadaveric spasm supports the manner of death to be suicidal electrocution thereby rendering the homicide theory unacceptable and, as a consequence, making the conviction awarded to the husband also as debatable.

iv. Myth: Lightning fatalities mostly occur in the open. Fact: Yes. Lightning tends to pass along the surface of a conductor rather than through it, and hence persons in buildings are rarely affected by current should the building be struck (Camps, 1968). 9.4.2 Lightning as a Natural Cause Leading to Death by Electrocution Lightning is caused due to potential differences between the accumulated negative charge in the bottom of the clouds and the ground that is positively charged. It has also been observed that in general, deaths do not occur in well-­ protected buildings although plumbing fixtures, telephones etc., attached to the outside of the buildings may act as conductors causing injuries to occupants. Individuals in open areas and in partly sheltered

208

Crime Scene Investigation and Reconstruction

areas are considered to be at risk (Shkrum and Ramsay, 2007). Among the external injuries in death due to lightning, superficial thermal burns may be caused by the ignition of clothes. Deep burns that are common in high-­voltage electric current are rarely seen in lightning. Lightning may strike an individual either directly or indirectly through the objects that are in contact with that individual. Metal objects on the clothing of the victims may heat up and cause burn injuries. Lichtenberg figures (fern-­like figures) appear within 1  hour on the skin surface in lightning victims and may remain up to about 24 to 48  hours. Lichtenberg figures are not burns (Dix, 2000; Shkrum and Ramsay, 2007). These are described as effects due to a secondary positive flash over characteristic of lightning (Shkrum and Ramsay, 2007). Such appearances are to be photographed immediately in the scene.

9.4.4 Useful Circumstantial Clues at Scenes of Electrocution Most of the electrocution deaths are shown to be due to accidents. In such cases, the evidence indicating the activities of the victim in close proximity to the source of electricity would be obvious in crime scenes—such as the nail and wires in Case 9–1. Homicide by electrocution is considered rare, while instances of staging suicidal electrocution to mask a homicide have been recorded (Dix, 2000; Shkrum and Ramsay, 2007). Suicidal electrocutions are also relatively rare. In cases of suicidal electrocutions, authors have illustrated the elaborate arrangements made by the victim by way of securing the wiring with tapes, twisting the wire ends, and so on as supporting the act of suicide (Shkrum and Ramsay, 2007).

REFERENCES 9.4.3 Cadaveric Spasm in Deaths due to Electrocution Shkrum and Ramsay (2007) illustrate the pronounced flexor muscle contraction of the arms of an electrocuted man holding an antenna. These authors observe that rigor mortis localized to one extremity can occur immediately after death in high-­ voltage electrocution, and such evidence of ‘instantaneous rigor’ in a dead body may be consistent with the circumstances of the case (Shkrum and Ramsay, 2007). It is seen that even those authors critiquing cadaveric spasm as a myth like Bedford and Tsokos (2013) are conceding that the continued grasping of the electrical cord may result in electrocution deaths (where there is no safety switch cut-­off). For a scene investigator, any attitude of the dead body such as grasping objects or depicting the arm against gravity is a reliable indicator of the final act of the victim. Failure to observe and record such positions of the dead body in the scene before disturbing the body may result in rejecting suicide as a possible alternative hypothesis and in guesstimating homicide as the only conceivable hypothesis as shown in Case 9–3. For a detailed discussion on cadaveric spasm, the reader may see Section 4.4.3 in discussion in Chapter 4.

Bedford, P. J. and Tsokos, M. The occurrence of cadaveric spasm is a myth, Forensic Sci Med Pathol., 9 (2013): 244–248. Camps, F. E. Gradwohl’s Legal Medicine, Bristol: John Wright & Sons, 1968. DiMaio, V. J. and DiMaio, D. Forensic Pathology, 2nd ed., Boca Raton, FL: CRC Press, 2001. Dix, J. Colour Atlas of Forensic Pathology, Boca Raton, FL: CRC Press, 2000. Dix, J. and Graham, M. Time of Death, Decomposition and Identification: An Atlas, Boca Raton, FL: CRC Press, 2000. Fierro, M. F. Cadaveric spasm, Forensic Sci Med Pathol., 9 (2013): 253. Knight, B. Simpson’s Forensic Medicine, 11th ed., London: Arnold, 1997. Mason, J. K. Forensic Medicine: An Illustrated Reference, London: Chapman and Hall Medical, 1993. Saukko, P. and Knight, B. Knight’s Forensic Pathology, Boca Raton, FL: CRC Press, Taylor & Francis Group, 2016. Shkrum, M. J. and Ramsay, D. A. Forensic Pathology of Trauma Common Problems for the Pathologist, Totowa: Humana Press, 2007.

Chapter

10

Scheme for Investigating Cases of Death by Drowning 10.1 INTRODUCTION Recovery of bodies from water may not always mean ‘drowning’ and such cases may present one of the most difficult medicolegal problems, and, as recognized by Camps (1968), the position has not been helped by the somewhat oversimplified approach in some text books. These cases usually pose a challenge for the investigators when determining the manner of death. Stating that the autopsy is usually negative in a drowning case, Dix (2000) recognizes that the diagnosis of drowning tends to be one of exclusion and that other than some work with diatoms, there are no good drowning tests to prove a person drowned. While all manners of death are possible in drowning, in some instances, the manner may remain ‘undetermined’ (Shkrum and Ramsay, 2007). Witnesses may be available in some cases of drowning, and when there is a single witness, there may be issues relating to the association of that witness with the victim. In drowning cases, the absence of violence may not necessarily exclude homicide since the victim may have been taken by surprise while, on the other hand, the presence of injuries may not also imply homicide since they may have been received during or after immersion into water (McCallin, 1901; Shkrum and Ramsay, 2007). Determination that a drowned victim was alive on entering the water is based on various external and internal findings which have to be supported by circumstances to conclude drowning as the manner of death (Byard, 2015). Some of these

DOI: 10.4324/9781003267096-10

symptoms such as the fine frothy discharge from the air passages have long been held as fairly reliable (McCallin, 1901; Dix, 2000; Shkrum and Ramsay, 2007) but can be observed only when the body is fresh. Once the body is decomposed, many of the findings are altered and rendered unavailable. In general, about 90% of the drowning cases are considered ‘accidental’ followed by suicides with homicides considered as being uncommon (Shkrum and Ramsay, 2007). In India, drowning has been found as the preferred suicide method by females. Instances are on record in which mothers aggravated in domestic life throw their children into water and commit suicide, and those failing in their attempt face charges of murder (Subrahmanyam, 1999). Practical utilization of a particular forensic technique is primarily influenced by the popularity of the technique among the investigating police officers, and bone-­marrow-­based diatom test continues to be the choice whenever highly decomposed remains are recovered from water. While there is greater scope for utilizing diatoms’ evidence during drowning investigations, it is equally important that there is a need for better understanding of the limitations in diatom test. Duly recognizing these needs, a suitably illustrated discussion on diatoms is included in this chapter. The methodology outlined in the flowchart (10.2 Flowchart) and the cases described would be of essential assistance for the field investigators involved in drowning investigations.

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CLOTHING - Signs of preparation - Damages due to impact - Relation to wounds

NATURE OF TYING - Likely by self - Not likely by self

ADDITIONAL ITEMS - Ligatures - Weights

STATE OF BODY - Cadaveric spasm Objects in hands - Rigor mortis - Decomposition

FLOATING/ON SHORE - Prone - Supine - Others

POSTURE

POSTMORTEM INJURIES - Skin erosions - Crustaceans /fishes - Entomological - Animal attacks - Others

POSSIBILITY OF SELF-INFLICTION

RELATION TO DAMAGES IN CLOTHES

OTHERS

CONTUSIONS - Location - Shape

ABRASIONS - Location - Direction/size

LACERATIONS - Location/Size

ANTEMORTEM INJURIES

DEAD BODY OTHERS

CUES FOR RECONSTRUCTION

WATER—ALGAE etc. - Water color - Algae/diatoms - Mud/other particles

- Depth/current

WATER FRONT - Running/static - Others—puddles etc.

- Concrete sleeves - Brick work/mud

OBSTRUCTIONS & DAMAGES INSIDE THE WELL ETC.

EVIDENCE OF STRUGGLE - In the scene - in surrounding areas

WILLFUL PREPARATION - Objects left in scene - Parked vehicle - Way of dressing - Suicide ideation/note

SOC

Include measurements wherever possible

- Others

- Damages in obstructions

- Obstructions

- Parapet wall

- Height/depth

HIGHLIGHTS

- Include cardinal directions

- Ground plan - Elevation view - Isometric view

OVER-ALL SOC

SKETCH

and frothy discharge when hypothesizing suicide or accident as manners of death. • When relying on diatoms, consider the possibility for ingested diatoms especially when the victims’ food habit includes consumption of clams etc.

• Consider observations indicating intent such as manner of clothing etc.

IN SKELETONS - Long bones for diatom test

DECOMPOSED BODIES - Multiple organ samples and long bones for diatom test

STOMACH/LUNGS - Diatoms - Algae

NAIL DEPOSITION - Flailing/others - To be preserved

FROTH - Nose—type - Others

OBSERVATIONS

CRIME SCENE

OTHERS

ADDITIONAL ITEMS Scaled

EVIDENCE OF STRUGGLE If any

WATER FRONT BUILDING - Depth—with scale - Weeds etc. - Others

OVER ALL

SOC

OTHERS

NAIL DEPOSITS Close-up

FOREIGN OBJECTS - In hands - Nearby

DAMAGES IN CLOTHING (SCALED) - Front - Back - Others

INJURIES (SCALED) - General - Close-up

FROTH Close-up

POSTURE Cadaveric spasm

DEAD BODY

PHOTOGRAPHY

10.2  FLOWCHART FOR INVESTIGATING DEATH BY DROWNING

10.1. FLOW CHART FOR INVESTIGATING DEATH BY DROWNING 210 Crime Scene Investigation and Reconstruction

Investigating Cases of Death by Drowning

211

10.3  CASE STUDIES—CASES 10–1 TO 10–3 CASE 10–1: DEATH DUE TO DROWNING—SUICIDE OR ACCIDENT? THE CASE A female individual was drowned in a canal, and on rescuing she was found dead. Reportedly, she was feeling depressed in her family life. PRIMARY HYPOTHESIS The victim died due to drowning, and the manner of death was suicide.

with air in the lungs resulting in the formation of fine froth which issues from the nostrils. Since the early years, authors have considered such froth as being a reliable sign indicating that the victim had entered into the water when still living (McCallin, 1901; Dix, 2000; Shepherd, 2003; Mathiharan and Patnaik, 2005; Shkrum and Ramsay, 2007).

ALTERNATIVE HYPOTHESIS The victim died due to drowning, and the manner of death was accident.

Reconstruction The victim had entered into the water when living, and death had occurred due to drowning.

SEQUENTIAL HYPOTHESIS 1 The victim had entered into the water when she was still alive.

SEQUENTIAL HYPOTHESIS 2 The manner the saree is worn by the victim suggested willful prearrangement and preparation on the part of the victim before entering into the water.

Observed premises There was fine froth issuing from the nostrils (Figures 10.1 and 10.2). Accepted (major) premises When an individual enters into the water when alive, water enters into the lungs and gets churned

Observed premises The victim’s saree is seen gathered between her legs (black arrow in Figure  10.1) with its end tucked inside in the hip region (white arrow in Figures 10.1 and 10.2).

FIGURE 10.1  The deceased evidencing fine froth issuing from the nose. Note the gathering of the saree

between the legs (black arrow) and tucking it inside the hip (white arrow)—observable evidence supporting prearrangement by the victim prior to drowning.

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FIGURE 10.2  Front view of the froth issuing from the nose and the tucked state of the saree (white

arrow). Accepted (major) premises Indian women entering into water to commit suicide are known to secure their clothing in ways that would prevent disheveling of the clothing and exposing their nakedness (Subrahmanyam, 1999). Reconstruction The manner the saree of the victim is worn supports the victim’s willingness in preparing her dress before entering into the water. Conjoined reconstruction The presence of frothy discharge from the nostril, a sign of death due to drowning and the evidence indicating prearrangement of the dress by the deceased, supports the primary hypothesis

that death was due to drowning, and the manner was suicide. Postscript The observation of frothy discharge from the nostrils is a reliable sign indicating antemortem nature of drowning although such observation would occur in any manner of drowning, be it homicidal, suicidal, or accidental. This case typically illustrates evidence indicating a specific style of securing the personal clothing, which suggests intentional preparation on the part of the victim prior to entering water, an act supporting suicide as the manner of drowning. Pertinently, recognizing the arrangement of the clothing is better achieved immediately in the scene since such arrangements are likely to be disturbed when the dead body is oved and transported to the autopsy table.

CASE 10–2: A DECOMPOSED BODY WEIGHTED WITH A STONE—SUICIDE OR HOMICIDE? THE CASE A decomposed body of a male individual was seen floating in a well (Figure 10.3). On the removal of the body, a granite stone was found tied to the neck of the victim using a dhoti (a garment worn

by Indian males around the waist). The deceased was seen wearing a pair of shorts. The stone tied to the body raised suspicion that it could be a case of murder followed by the disposal of the dead body inside the well.

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FIGURE 10.3  A decomposed body of a male floating in a well.

PRIMARY HYPOTHESIS The victim was murdered, and the body was disposed of inside the well after tying the stone—a possible case of homicide. ALTERNATIVE HYPOTHESIS The victim died due to drowning, and the manner was suicide. SEQUENTIAL HYPOTHESIS 1 The manner the stone was secured and tied to the neck using the dhoti indicated the possibility for the deceased to tie the stone, carry it, and maneuver movement. Observed premises

be done to prevent self-­rescue. But it must be homicidal if the weighting and tying are of such a nature that the deceased could not have effected them himself or was unable to throw himself into the water by his own efforts (Taylor, 1873; McCallin, 1901; Mathiharan and Patnaik, 2005; Shkrum and Ramsay, 2007). Reconstruction The length of the dhoti between the knot on the stone and the knot on the neck supported the possibility for the deceased to have accomplished the tying of the stone himself, then enter into the water, and drown to prevent self-­rescue. SEQUENTIAL HYPOTHESIS 2

A granite stone (white arrow in Figure 10.4) was found swathed inside part of the dhoti and then knotted (gray arrow in Figure  10.4) with the remainder of the dhoti leading to the neck of the victim (series of black arrows in Figure 10.4) with another knot on the neck. The length of the dhoti between the knot on the stone and the knot on the neck would be sufficient for the victim to carry the stone and maneuver movement.

The victim entered into the water when he was still alive.

Accepted (major) premises

In death by drowning, fluid and foreign material from medium can be found in the stomach and intestines as a result of swallowing (Mathiharan

If the body is found to be weighted and tied, it is probably a case of suicide, as this is liable to

Observed premises The autopsy was conducted on the spot, and microscopic examination of the stomach content of the victim and the water from the well revealed similar green algae. Accepted (major) premises

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FIGURE 10.4  A stone (white arrow) was found tied in a dhoti (gray arrow) with the remaining cloth

of the dhoti leading to the neck of the victim (series of black arrows) and then tied to the neck. and Patnaik, 2005; Shkrum and Ramsay, 2007); however, small amounts of water can enter the stomach after death particularly if the pressure of the drowning medium is high (Shkrum and Ramsay, 2007). Reconstruction The presence of similar algae in the stomach content and in the drowning medium supports the entry of the victim into the water when he was alive.

Conjoined reconstruction The generous length of the dhoti between the knot on the stone and the knot on the neck supported the possibility for the deceased to have entered into the water with the stone tied to him to prevent self-­ rescue. The similarity between algae in the stomach content and in the drowning medium further supports the antemortem nature of drowning. Thus, the alternative hypothesis that the victim died due to drowning and the manner was suicide is supported.

CASE 10–3: A DECOMPOSED BODY FLOATING IN A WELL—SUICIDE OR HOMICIDE? THE CASE A male individual aged about 22 years was found missing, and 2 days later his body was found floating inside an open well. The deceased was reportedly involved in a brawl in a hut during the night before he went missing. On the one hand, it was alleged that the deceased was done to death, and the body was thrown into the well. Alternatively, it was averred that the victim left

the hut after the altercations and later fell into the well accidentally. The body had decomposed with localized distensions due to gaseous accumulations (Figure  10.5). The well was opening on the ground level with soil forming the boundary along the perimeter (Figure  10.6), and the sides of the well, all through its depth, had mud wall. The outer diameter of the well was about 2 m with water at about 6 feet below the ground

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FIGURE 10.5  Decomposed male dead body recovered from inside a well.

SEQUENTIAL HYPOTHESIS 1 The victim fell in to the water when he was still alive. Observed premises The diatoms in the water sample collected from the well were similar to those found in the stomach content collected and preserved during the autopsy. Accepted (major) premises

FIGURE 10.6  The open well with mud wall on

sides. level. The diameter of the well at the water level was 1.4 m, and the depth of water was about 6 m. PRIMARY HYPOTHESIS The victim was killed, and the body was drowned inside the well—drowning was post-­mortem, the manner of death was homicide. ALTERNATIVE HYPOTHESIS The victim fell into the well and died due to drowning—drowning was antemortem, and the manner of death was accident.

Fluid and foreign material from medium can be found in the stomach and intestines as a result of swallowing (Mathiharan and Patnaik, 2005; Shkrum and Ramsay, 2007); however, small amounts of water can enter the stomach after death particularly if the pressure of the drowning medium is high (Shkrum and Ramsay, 2007). Reconstruction The presence of similar diatoms in the stomach content and in the drowning medium supported the entry of the victim into the water when he was alive. SEQUENTIAL HYPOTHESIS 2 The evidence of soil deposited in the fingernails support the struggle of the victim inside the well suggesting he was alive when entering into the water.

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Accepted (major) premises Dirt or soil under the fingernails could indicate the flailing of hands along a muddy wall or the bottom surface (Shkrum and Ramsay, 2007). Flailing indicates life activity. Reconstruction Soil depositions in the fingernails support transfer of soil from the mud wall of the well and thus suggested flailing of the victim indicating that he was alive inside the well.

FIGURE 10.7  The fingernails of the deceased revealing mud particles.

Conjoined reconstruction The similarity between the diatom composition in the stomach of the deceased and the well water indicated the entry of the well water into the stomach of the deceased supporting antemortem drowning. Flailing of the deceased inside the well, a life activity, is indicated by the accumulation of soil inside the fingernails of the deceased. Thus, the sequential hypotheses 1 and 2 support the alternative hypothesis that drowning was antemortem. Postscript

FIGURE 10.8  Enlarged view of the mud particles packed inside the fingernails (arrows).

Observed premises The fingernails were fairly grown and revealed soil particles packed inside (Figure 10.7 with fingernails enlarged in Figure 10.8).

Traditionally, diatoms entering into the system have been used as indicators of ante-­ mortem drowning. In addition, this case illustrates the utility of soil and diatoms inside the nails as evidence supporting flailing inside the well. Drowning victims are known to submerge and struggle. In a video record of a drowning in a pool, Marrone et  al. (2021) observed initial intense shaking of the limbs followed by the victim remaining completely submerged and with rhythmic movements of the limbs. Where the drowning occurs in waters with mud or soil at the bottom, such as ponds, wells or rivers, the struggle would result in the hands flailing the surrounding benthic zone. In instances where the victim has well-­grown fingernails, such flailing activities would result in the accumulation of benthic soil inside the nails. Soil recovered from inside the nails and the diatoms present therein can be compared with the control soil laden with diatoms collected from the benthic level for suggesting transfer during possible flailing activities, which in turn would support life activity inside the water and hence the antemortem nature of drowning.

Investigating Cases of Death by Drowning

10.4 DISCUSSION 10.4.1 Myths and Facts Relating to Observations in Deaths by Drowning i. Myth: Wrinkled hands (‘washerwoman’s hands’) and goose skin (‘goose bumps’, cutis anserina) are typical in death by drowning. Fact: Wrinkled hands (‘washerwoman’s hands’) and goose skin are artifacts due to prolonged submersion in water (Shkrum and Ramsay, 2007). ii. Myth: There must be sufficient depth of water for an individual to drown and die. Fact: Unconscious persons can drown in a ‘puddle’ or ditch if facing downwards (Camps, 1968). iii. Myth: Finding of material (e.g., weeds, sand) clutched in a victim’s hands suggests struggling. Fact: True. Finding of material gripped in a victim’s hands suggests cadaveric spasm setting in during the period of struggle (Subrahmanyam, 1999; Shkrum and Ramsay, 2007). iv. Myth: A dead body thrown into a well will float immediately. Fact: A  body does not float until its specific gravity reaches a point of buoyancy from gases generated due to decomposition. Because the specific gravity of the head is greater than that of the feet, a submerged body floats in a head-­down position (Shkrum and Ramsay, 2007). v. Myth: Skin erosions in face around the mouth and eyes in dead bodies recovered from water indicate evidence of struggle. Fact: Skin erosions, especially around the mouth and eyes, in dead bodies recovered from water are postmortem artifacts often caused by aquatic insects (Rodriguez, 1997; Dix, 2000). 10.4.2 Relevance of Immediate Observations in Scenes of Drowning Immediacy in recording the observations is considered particularly important in scenes relating to death due to drowning. Froth issuing from the nostrils has to be observed immediately in the scene since the froth may disappear when the body remains in the open or may be lost when the body is moved. In some cases where the froth is not

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manifesting readily, it may appear when the body is moved and when there is pressure on the thorax which may expel the accumulated froth remaining in the lungs. It must be stressed that the froth would disappear when decomposition sets in, which oftentimes happens by the time the autopsy commences after transport of the body to the mortuary. Froth being an indicator of death occurring during the immersion of living individuals, lapses in photographing such frothy discharge immediately may cause difficulties when countering other make-­believe hypotheses proposing foul play that may be alleged at later stages. The scene circumstances relating to the recovery of the body such as wet clothes and witness presence need to be considered when interpreting frothy discharge since it has been noted that frothy discharge may also appear in cases of death by strangulation (Camps, 1968). Compact accumulation of soil or dirt inside the fingernails is another indication that points to active struggle or flailing inside the water. It is advisable to collect such depositions from the fingernails immediately in the scene itself since transporting the dead body to the mortuary, especially in the wake of decomposition, is likely to lead to the loss of the depositions or to contaminate them. The presence of clothes and personal effects or the vehicle belonging to the deceased in the scene has to be recorded as such since the manner of arrangements of these items may shed light on the intent of the victim (Shkrum and Ramsay, 2007). The way the victim’s clothes are worn is also important; Indian females committing suicide are known to wear their apparel in such a way the body is not exposed (Subrahmanyam, 1999), and such arrangements are to be photographed before disturbing the body. 10.4.3 Role of Alcohol and Other Substances in Drowning Cases Ethanol intoxication may lead to an impaired ability to deal with an unexpected situation leading to accidental drowning (Shkrum and Ramsay, 2007). Impairment may also occur due to prolonged exposure to organophosphate insecticides. A dead body of a male individual, who reportedly drowned in a canal when bathing, was brought to the mortuary in the boot of a car. There was strong smell of organophosphate insecticide when this author opened the boot. Further enquiry revealed that the victim had been spraying insecticide in the field throughout the day and went to the canal in the evening to take a bath, a circumstance that could have led to possible impairment leading to drowning.

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10.4.4 Circumstances Indicating the Possibility of Suicide

10.4.5 Diatoms as Indicators of Death by Drowning

In drowning, suicide is the only manner of death that requires the demonstration of the victim’s intent. The circumstances that would support intent to commit suicide are the presence of witnesses, availability of a suicide note (also see Section 8.4.6) or suicide ideation, evidence of depression or terminal illnesses, association with self-­inflicted wounds, etc. As described in Case 10–1, the manner of wearing the dress may throw light on intent. An unusual finding that had been recognized over a long period of time as supporting intent to commit suicide is attaching heavy weights to the body (Taylor, 1873; McCallin, 1901; Shkrum and Ramsay, 2007). However, if the tying of the weight is of such nature that the deceased could not have achieved it, it must be interpreted as homicide. It has been noted that the presence of toxic or lethal concentrations of medications can also assist in the determination of suicide (Shkrum and Ramsay, 2007).

Diatoms, the microscopic unicellular aquatic algae belonging to Bacillariophyta, have acquired popularity as forensic evidence for diagnosing death by drowning. The controversy over the reliability of the diatom test needs no over emphasis: the presence of diatoms in the bone marrow of drowned victims has been held as evidence indicating death by drowning by one school (Thomas et  al., 1961; Timperman, 1969; Pollanen, 1998; Hürlimann et  al., 2000; Krstic et  al., 2002), while doubts on the validity of the diatom test is being voiced by another group (Spitz and Schneider, 1964; Peabody, 1980; Foged, 1983; Pachar and Cameron, 1993). Textbooks on forensic medicine popular in the western part of the world (Tedeschi et  al., 1977; Spitz and Fisher, 1980; Polson et al., 1985; Gordon et  al., 1988; Knight, 1996; DiMaio and Dana, 1998; DiMaio and DiMaio, 2001) appear equivocal in treating diatoms as indicators of death by

FIGURE 10.9  Samples of diatoms extracted from clams.

Investigating Cases of Death by Drowning

drowning. However, the medicolegal textbooks popular in India seem to somewhat endorse the use of diatoms (Parikh, 1999; Subrahmanyam, 1999; Nandy, 2000; Vij, 2001; Reddy, 2002). Horswell’s (2000) indication that obtaining a portion of femur (15 cm) enables ‘establishing location of drowning: fresh water or salt water’ reflects the notion prevalent among the investigating officers in the utility of diatom evidence. The presence of diatoms in living persons can no longer be doubted. Multiple researchers have reported the presence of diatoms in non-­drowned dead individuals (Spitz and Schneider, 1964; Timperman, 1969; Peabody, 1980; Foged, 1983; Pachar and Cameron, 1993; Krstic et  al., 2002), and Pollanen (1997) had found that in 10% of drowning cases, the diatoms in bone marrow did not match with those in the drowning medium. Diatoms have been shown to be profusely rich in nonvegetarian foodstuffs like clams (Figure  10.9), prawns (Figure 10.10), and anchovies that are being routinely ingested by many people—an adult in Malaysia used to eating clams and prawns regularly has been indicated as ingesting an estimated number of about 2,197,104 diatom frustules in a single year (Yen and Jayaprakash, 2007). Giancamillo et  al. (2010) found a marine diatom in a piglet

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decomposed in diatom-­ rich fresh water supporting the antemortem entry of ingested diatoms since the piglet had been fed with fish flours when it was reared. A  research conducted by feeding metered doses of diatoms (10 to 50 μm in size) along with food to rats and sacrificing the animals periodically for testing the organs for the presence of diatoms revealed pennate diatoms in the length ranging between 15 and 40 μm (width 30 µm as well as those 30 µm) do not enter into the bloodstream. Unlike the diatom composition in the lungs and stomach content, which is a complete representation of the species composition in the drowning medium, i.e., includes diatoms of larger sizes also, the diatoms that enter into the circulatory system are restricted to those of smaller sizes and of certain aspect ratio. When multiple organs are harvested from decomposed dead bodies, five complete diatoms from the organs or bone marrow that are similar to those in the immersion medium have been suggested to be sufficient for positive diagnosis of death by drowning (Pollanen, 1998; Ludes et al., 1999). When considering the diatoms lodged in the organs for interpreting the nature of drowning, it is imperative to consider the possibility of diatoms ingested during life that may have been already deposited in the internal organs. On the limitations in diatom test: a) Contamination from the drowning medium: If there is decomposition or trauma that can affect the lungs, stomach, and other organs, diatoms in the drowning medium can contaminate the organs. Small amounts of water can enter the stomach after death particularly if the pressure of the drowning medium is high. Diatoms may passively enter the lungs and upper respiratory tract during prolonged submersion (Shkrum and Ramsay, 2007). Occasionally, the stomach may contain diatoms derived from the last meal such as shellfish as recounted by Peabody (1977). b) Ingested diatoms confusing drowning interpretation: Authors have indicated the possibility of diatoms ingested via shellfish, winkles, prawns, clams, etc., entering into

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the organs (Hendey, 1980; Knight, 1996; Yen and Jayaprakash, 2007; Syazwani, 2016). The diatoms ingested during life can remain lodged in the organs and bone marrow for durations that are unknown (Yen and Jayaprakash, 2007). A  deceased individual who regularly swims in the locale where the body was recovered may have been exposed to the diatoms in that water before drowning (Shkrum and Ramsay, 2007). Other factors to be considered when interpreting diatom test results include the following: a) Importantly, the SOCOs are cautioned that the absence of diatoms in the organs from a dead body recovered from water cannot be construed as being evidence of post-­mortem disposal of that body in water even when that water reveals evidence of diatoms. Only about 28% drowning in naturally occurring fresh water revealed positive diatom results. Absence of diatoms in femoral bone marrow during marrow analysis can also be due to the relatively small proportion of blood circulation this bone receives. The lower concentration of diatoms in the water or the small amount of water aspirated in so-­called dry drownings could also lead to negative results (Shkrum and Ramsay, 2007). b) The presence of any diatoms in organs by itself may not constitute evidence indicating death by drowning since diatoms have also been detected in the organs of non-­drowned dead individuals (Spitz and Schneider, 1964; Timperman, 1969; Peabody, 1980; Foged, 1983; Pachar and Cameron, 1993; Krstic et  al., 2002). The diatom composition in the organs and in the drowning medium must be similar for inferring the entry of diatoms during drowning. c) Diatom populations are dynamic, and thus the taxa combinations are likely to be influenced by (i) the endogenous rhythms of migration exhibited by several epipelic diatoms, (ii) the distinction between the plankton and benthos in diatoms being not absolute, (iii) the recognition that the strict use of biological species concept in the diatoms does not appear to be feasible in view of possible hybridization of morphotypes (Round et  al., 1990), and (iv) in

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Live entry of an individual into diatom-rich water (diatoms of all sizes->30µm and