Full Judgment
S.K. Verma, J.
1. The applicant involved in case crime No. 306 of 1993 under Sections 147/148/302, I.P.C. Police Station Kannauj District Farrukhabad has applied for bail on three grounds, Firstly, it has been argued that no specific role has been assigned to the applicant. Secondly, it has been urged that though the incident is alleged to have taken place at 9.30 a.m. yet as per post mortem report rigor mortis had developed in the entire body and, therefore, the incident might have occurred during early hours of the morning. Thirdly, it has been urged that semi-digested food was found in the stomach and pasty material and gases were found in the small intestines which also indicates that the victim might have taken food late in the night and the occurrence might have taken place in the early hours of the morning.
2. So far as the first point is concerned, prima facie five persons participated with firearms in this crime and there are five gun shot injuries on the person of the deceased and all of them on vital parts. Prima facie this point is, therefore, without force.
3. So far presence of rigor mortis is concerned, Modi in his Medical Jurisprudence and Toxicology, 1972 Edition, has to say this on page 121:
'Time of onset:- This varies greatly in different cases, but the average period of its on set may be regarded as three to six hours after death in temperate climates, and it may take two to three hours to develop. In India, it usually commences in one to two hours after death, and takes one to two hours to develop.'
It would, thus, appear that if the death was caused at 9.30 a.m. and the post mortem report was conducted after 6.30 hours at 4 p.m. there was nothing, prima facie abnormal in the presence of rigor mortis over the whole body at the time of post mortem. This prima facie suggests that the occurrence might have taken place at 9.30 a.m.
4. Regarding the argument of semi-digested food in the abdomen, Modi (supra) has to say this at page 136:
'It has been ascertained by physiologists that a mixed diet containing more of animal food and less of vegetable food leaves the stomach in four to five hours after it is completely digested, while a vegetable diet containing mostly farinaceous food as usually taken by an Indian does not leave the stomach completely within six to seven hours after its ingestion. But this cannot always be relied upon in determining the time of death, inasmuch as the power of digestibility may remain in abeyance for a long time in states of profound shock and coma. Food has been seen in the stomach remaining undigested in persons who received severe head injuries soon after their meal and died within twelve to twenty four hours afterwards. In one case the food consisting chiefly of rice and dal (pulse) remained in the stomach for about forty hours without undergoing digestion. It must also be remembered that the process of digestion in normal, healthy persons may continue for a time after death.'
Thus, even if the victim had, prima facie, taken food between 6 to 7 a.m., the food would be semi digested at about 9.30 a.m. The presence of pasty material in the small intestines is also in consonance with the presence of semi digested food in the stomach in case the food taken is partly animal food which digests easily and partly vegetable food which takes more time in digestion. Presence of faecal material and gases in the large intestines is not unusual even if the victim has eased himself in the morning if he is a person of sedentary habits or is suffering from some stomach disorder or constipation. Even this argument is, therefore, without force.
5. It is, however, made clear that these observations will not prejudice the trial.
6. In view of what has been stated above, the application is rejected.