Forensic Evidence–A Shooting Incident · Journal of Forensic Sciences Criminal Investigation How to cite this article: Sabyasachi Nath, HK Pratihari. Forensic Evidence–A Shooting

Case ReportVolume - 10 Issue 5 - September 2018DOI: 10.19080/JFSCI.2018.10.555799

J Forensic Sci & Criminal InvesCopyright © All rights are reserved by Sabyasachi Nath

Forensic Evidence–A Shooting Incident

Sabyasachi Nath* and HK PratihariState Forensic Science Laboratory, Tripura, India

Submission: September 17, 2018; Published: September 26, 2018

*Corresponding author: Sabyasachi Nath, State Forensic Science Laboratory, Tripura-799015, India, Email:

J Forensic Sci & Criminal Inves 10(5): JFSCI.MS.ID.555799 (2018) 001

IntroductionThe sale of improvised/factory made firearms has increased

even if India has a very strong Arms Act 1959 and Arms Rule 2016. Moreover, the use of improvised firearm in criminal activities is very alarming in the country. As per National Crime Records Bureau (NCRB), MHA, Govt. of India report of the year 2011, the number of victims murdered by unlicensed firearms is seven times more than those killed by licensed firearms [1]. There are about 300,000 unlicensed firearms [2,3] in the national capital. Following reasons are contributing factors for increase in use of such firearms [4-6]:

a. Craze to fulfill possession pride

b. Maintain status symbol in the society

c. Increase self-confidence for possession/protection

d. Low cost and heavy demand in clandestine market

e. Easy to fire different caliber ammunition

f. Easy availability of raw materials to manufacture

g. Easy to manufacture by skilled blacksmith

h. Inadequate investigation to punish the manufacturer/

trafficker/user

i. Easy procurement without license

j. Difficult to establish identity with available features

k. Could be assembled/dismantled easily

l. Easy to conceal

The demand for improvised firearm has increased tremendously in recent years. It is also observed 50% of the firearms received in the forensic laboratory belong to improvised firearms [5]. Such firearms do not meet the standard specifications and may be dangerous to the user. In this shooting case, attempt has been made to reconstruct the shooting incident, since the crime scene has provided forensic evidence like possible type of firearm/ammunition used, line of firing, distance between the shooter and victim, wound size and concerned features. The reconstruction of the shooting case has been made based on available facts.

Case Report A strong and stout young man age about 35-year used to visit

his friend’s house frequently and return home late night. Taking advantage of late night return alone, an unknown person shot him (victim) dead. There was panic in the area and neighbors could see the deceased lying with firearm wounds on the road side. The identity of the deceased was established, and the police was informed by the locals. Accordingly, the police and forensic team visited the undisturbed crime spot for collection of physical evidence and their forensic examination. Based on the intelligence feedback, one suspect was detained and during interrogation he

Abstract

The use of firearm in different crimes is very common due to easy means of procurement and also to fulfill the criminal motive of the perpetrators instantaneously. The use of both factory and improvised firearms are commonly reported in most of the heinous crimes like murder, rape-cum-murder, dacoity, riot, suicide, terrorist activities etc. The clandestine consignment of improvised firearms has contributed frequent use of the firearms in different crimes and even in poaching cases also. Hence number of cases related to firearms has drastically increased in firearm crime statistics in India. In one case, a young man age about 35-year used to visit his friend’s house very often and his routine schedule was known to the suspect. One day he (victim) was returning back from his friend’s house in the mid night hour. The suspect, taking advantage of the situation, shot the victim dead and lying on the road side. Soon after the incident, the accused escaped along with firearm. Immediately the police and forensic team visited the undisturbed crime scene. However, on the following day, the potential suspect led to the recovery of firearm concealed inside a roadside drain. It is an interesting area to explore the profile of the killer and other circumstantial evidence to establish the authenticity of the crime. The critical post analysis of the shooting incident, forensic evidence, criminal profile followed with autopsy findings etc. helped the investigation and reconstruction of the shooting incident. The details have been discussed in this paper.

Keywords: Shooting incident; Crime scene management; Firearm wound; Swab; Autopsy findings; Reconstruction of shooting incident

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How to cite this article: Sabyasachi Nath, HK Pratihari. Forensic Evidence–A Shooting Incident. J Forensic Sci & Criminal Inves 2018; 10(5): 555799.DOI: 10.19080/JFSCI.2018.10.555799.002

(suspect) confessed to have hidden the firearm. Subsequently the firearm, ammunition and magazine were recovered by the police concealed inside a road side drain. This is the vital clue to add more evidence. The case was registered under different sections of Indian Penal Code (IPC) and Arms Act.

ObservationThe undisturbed crime spot was examined by the forensic

team along with investigating officer and observations made are shown in Figures 1-7.

Figure 1: Victim having a backpack lying with bullet wound showing nearby one fired empty cartridge case 40cm away (a) and two cell phones 10cm away (b) from the victim.

Figure 2: Close up view of the fired empty cartridge case.

Figure 3: Blackening on the shirt around the entry wound of the victim.




Figure 4: Bullet wound (entry) - left side on the chest of victim.

Figure 5: Blood stain on shirt due to exit bullet wound on the body (right upper back side of victim).

Figure 6: Seized disputed firearm (pistol) with live ammunition and magazines.




Figure 7: Sketch map of the crime scene.

Forensic Evidence

Chart 1: Chart shown for incidence involving use of firearms.




Figure 8: Sources of evidence.

Sir Edmond Locard established the basic concept of “Principle of Exchange” which forms the basis of forensic examination of physical clues from three sources: 1. Scene of crime, 2. Victim and 3. Suspect/Accused. The clues are exchanged with one another as shown in Figure 8 and Chart 1.

Crime Scene ObservationThe detected physical evidence and reconstruction of

sequence of events made are:

i. The deceased was lying with fatal bullet wound showing entry wound on left side of the chest and exit wound on right upper back side,

ii. The spot was having scanty blood stain due to accumulation of blood in the body cavity (confirmed from P.M. report),

iii. There was no sign of scuffling on the body/crime spot,

iv. The height of entry wound was 134cm from the left heal (feet) and that of exit wound 135cm from the right heal,

v. There was blackening around the bullet hole on the shirt of the victim suggesting very close range firing,

vi. One fired empty cartridge case was lying 40cm away from the victim’s body on the ground showing head stamp impression ‘KF 7.65’,

vii. One fired blood stained bullet was found on the back side within the inner garment of the deceased,

viii. Two mobile phones were lying close (within 10cm) to the victim’s body,

ix. Overlapping shoe prints were present but unsuitable for examination/comparison,

x. Spot test of interior of the barrel confirmed recent firing,

xi. Condition of wearing apparel were undisturbed except bullet hole on shirt,

xii. Swab from hand/near wound collected for GSR study.

Victim i. Collection of physical evidence from victim is included under crime scene observation since lying on the spot.

Suspect/Weaponi. One pistol was subsequently recovered from a nearby drain bearing writing on the firearm “115, LOCK USA HK” with an eagle symbol.

ii. Two magazine boxes and ten live ammunition each having head stamp impression ‘KF 7.65’ were also recovered concealed with firearm,

iii. Each magazine has capacity to chamber - 10 ammunition,

iv. Pull pressure of the trigger of the firearm - 6 kg weight,

v. Weight of firearm - 694g,

vi. Rifling in the barrel - absent.

Autopsy FindingsThe whole body was pale, eyes and mouth were closed, tongue

and frenula were intact; no other abnormalities were detected. One circular fire-arm wound of entrance measuring 0.6cm in diameter is present on the left upper front of chest. A track is established from the wound of entrance which is directed from below upward and backward and from left to right, pierces skin, subcutaneous tissue, intercostals muscle at 5th intercostals space lateral to left sterna border, left parietal and visceral pleurae, produced a contusion on anterior border of left lung, then perforating the heart by piercing the anterior aspect of left ventricle, right visceral and parietal pleurae and making an exit wound with everted margin on right upper back. Pericardial sac contains about 100ml of liquid blood and pleural cavity contains about 1 liter of liquid blood. No abnormalities were detected in the skull, Brain, meninges, cerebral vessels, orbital and nasal cavities, neck, larynx, thyroid, ribs, chest wall, oesophagus, diaphragm, trachea, bronchi, large blood vessels, abdominal wall, peritoneal cavity, small and large intestine, appendix, pancreas, liver, gall bladder, spleen, kidneys, ureters, urinary bladder, urethra and genital organs. The




cause of death is hemorrhagic shock resulting from perforation of the heart caused by the projectile of firearm weapon. The injuries are ante-mortem in nature and fresh in duration. The range of firing is close range shot. Manner of death is homicidal in nature.

DiscussionEach crime scene has its own set of evidence and speaks of

itself. It is also a treasure of clues. As such crime scene management is very important for successful investigation and prosecution of the case. Moreover, a successful crime scene investigation is determined on the basis of detection of physical evidence from undisturbed crime scene by the investigating team and their forensic analysis by expert. The credible witnesses available also help in the prosecution of the case. In order to be successful investigators, the investigating officer must be methodical and understand - What is physical evidence? How to collect and

preserve it? How to maintain authentication of the physical evidence (sample)? How to obtain the information it carries? How to interpret the information obtained [7]? In this case, there was no credible witness since reported in the wee hours and only physical evidence available and their evaluation would help to establish the crime and criminal. Based on the circumstantial evidence, the reconstructed shooting incident is shown in the Figure 9. In this case, the shooter (accused) made close range face to face firing on standing position. The line of firing was slightly oblique showing location of entry wound on the chest i.e., 134cm high from the left heal and exit wound 135cm from the right heal resulting 1cm above the path of firing. The possible location of the fired empty cartridge case on crime spot with respect to shooter was confirmed on the observation of the ejection pattern of the bullet during indoor test firing.

Figure 9: Reconstruction of shooting incident.

AcknowledgementThe authors are thankful to Dr. M.S. Rao, Ex-Chief Forensic

Scientist, MHA, Government of India and Dr. A. Pal, Ballistics expert, Forensic Science Laboratory, Tripura for valuable suggestions. The authors are also thankful to the autopsy surgeons, Dept. of Forensic Medicine and Toxicology, Agartala Government Medical College, Tripura for providing supportive document

References1. National Crime Records Bureau (2011) Government of India. Crime in

India: 2011 Statistics. Ministry of Home Affairs.

2. Dikshit P (2009) Weaponisation of Indian Society through Illicit Arms Proliferation, Production and Trade. In: Binalakshmi Nepram, (Eds.) India and the Arms Trade Treaty. India Research Press, New Delhi, India, P.43-45: 35-36.

3. Thejaswi HT, Kumar A, Jegadheeshwara raj (2013) Desi-Katta (Country-Made Firearm) and Wound Ballistics A Review. J Indian Acad Forensic Med 35(2): 165-169.

4. Pal A, Pratihari HK (2017) Study on Some Improvised Revolvers. J Forensic Sci & Criminal Inves 3(1): 1-3.

5. Pal A, Pratihari HK (2014) Examination of Some Indian Homemade/Improvised Firearms and Their Ammunition. AFTE Journal 46(3): 234-237.

6. Pal A, Pratihari HK (2015) The Characteristics of Some Muzzle-Loading Country-Made Firearms and Their Projectiles in India. AFTE Journal 47(4): 220-223.

7. Becker, Ronald F (2009) Criminal Investigation. Third Edition, Jones and Bartlett Publishers, Sudbury, Massachusetts.


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Forensic Evidence–A Shooting Incident · Journal of Forensic Sciences Criminal Investigation How to cite this article: Sabyasachi Nath, HK Pratihari. Forensic Evidence–A Shooting