Rajasthan High Court - Jodhpur
Dinesh Mewara vs State Of Rajasthan on 14 September, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
(1 of 6) [CRLMP-4226/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4226/2021
Dinesh Mewara S/o Bhanwar Lal Mewara, Aged About 37 Years,
B/c Mewara, R/o Village Mundara, Teh. Bali, Dist. Pali, At Present
Resident Of 17-18 Defence Lab Road, Ratanada, Jodhpur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Punamchand S/o Bheekchand, Aged About 40 Years, B/c
Kalal, R/o Purani Sabji Mandi, P.s. Kotwali, Pali.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 3107/2019
Punamchand S/o Bheekchand, Aged About 40 Years, R/o Purani
Sabji Mandi, P.s. Kotwali, Pali, District Pali, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Dinesh Mewara S/o Bhanwar Lal Mewra, R/o Village
Mundara, Tehsl Bali, District Pali, Rajasthan At Present R/
o 17-18 Defence Lab Road, Ratanada, Jodhpur.
----Respondents
For Petitioner(s) : Ms. Yogita Mohanani
Mr. Mahaveer Singh
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 14/09/2021 CRLMP No.4226/2021 In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
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(2 of 6) [CRLMP-4226/2021] The issue raised by counsel for the petitioner is that if Hyoid bone is fractured then it shall be near to strangulation and if it is fracture of larynx and trachea, then it shall be near to hanging.
Counsel for the petitioner has relied upon following judgments of Hon`ble Apex Court as well as this Hon`ble Court, relevant para whereof is quoted for ready reference :-
[1]- Pattu Rajan vs. The State of Tamil Nadu 2019
CRL.L.J.2349
"29. We may also briefly discuss the testimony of PWs 35 and 38 (the doctors who conducted the post-mortems of the deceased). PW35 conducted the first post- mortem examination. He has stated in his examination-in-chief that the hyoid bone in the neck was found broken and the brain was found decomposed. He opined that the person could have died 3 to 5 days prior to the post-mortem examination. The hyoid bone in the neck could have been broken due to strangulation of the said person by using materials like a lungi. PW38, who conducted the second post- mortem examination upon exhumation of the dead body, was also present at the spot of exhumation. PW38 deposed that while the body was being exhumed, he had noticed that a wooden stick had been put up along with a small stone on the southern part of the place. He also deposed that there was an old injury scar on the right lower abdomen of the dead body, the hyoid bone was broken, and that the fracture found in the hyoid bone was ante-mortem, which was confirmed through a Bensidine test. He opined that the cause of death appeared to be compression of the neck."
[2]- Ponnusamy vs. State of Tamil Nadu AIR 2008 SC 2110
22. In 'Journal of Forensic Sciences' Volume 41 under the Title - Fracture of the Hyoid Bone in strangulation : Comparison of Fractured and Unfractured Hyoids from Victims of Strangulation, it is stated :-
"The hyoid is the U-shaped bone of the neck that is fractured in one-third of all homicides by strangulation. On this basis, postmortem detection of hyoid fracture is relevant to the diagnosis of strangulation. However, since many cases lack a hyoid fracture, the absence of this finding does not exclude strangulation as a cause of death. The reasons why some hyoids fracture and others do not may relate to the nature and magnitude of force applied to the neck, age of the victim, nature of the instrument (ligature or hands) used to strangle, and intrinsic anatomic features of (Downloaded on 17/09/2021 at 08:33:05 PM) (3 of 6) [CRLMP-4226/2021] the hyoid bone. We compared the case profiles and xeroradiographic appearance of the hyoids of 20 victims of homicidal strangulation with and without hyoid fracture (n = 10, each). The fractured hyoids occurred in older victims of strangulation (39 1 14 years) when compared to the victims with unfractured hyoids (30 1 10 years). The age- dependency of hyoid fracture correlated with the degree of ossification or fusion of the hyoid synchondroses. The hyoid was fused in older victims of strangulation (41 1 12 years) whereas the unfused hyoids were found in the younger victims (28 1 10 years). In addition, the hyoid bone was ossified or fused in 70% of all fractured hyoids, but, only 30% of the unfractured hyoids were fused. The shape of the hyoid bone was also found to differentiate fractured and unfractured hyoids. Fractured byoids were longer in the anterior-posterior plane and were more steeply sloping when compared with unfractured hyoids. These data indicate that hyoids of strangulation victims, with and without fracture, are distinguished by various indices of shape and rigidity. On this basis, it may be possible to explain why some victims of strangulation do not have fractured hyoid bones."
[3]- Tejbhan and Ors. vs. The State of Rajasthan (1996) WLC 640 :-
"13. The importance of the inquest report was considered by the Apex Court in the case of Podda Narain and Ors. v. The State of Andhra Pradesh. While dealing with the nature of the proceedings under Section 174 Cr.P.C. and the importance of the inquest report, it has been held by the Supreme Court as under
The proceedings under Section 174 have a very limited scope. The object of the proceedings is merely to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so, what is the apparent cause of the death. The question regarding the details as to how the deceased was assaulted is foreign to the ambit and scope of the proceedings under Section 174. Neither in practice nor in law, was it necessary for the police to mention those details in the inquest report. It is, therefore, not necessary to enter all the details of the overt- act in the inquest report. Their omission is not sufficient to put the prosecution out of the Court.
A similar controversy again came-up for consideration before the Supreme Court, in which an argument was raised that the names of the eye witnesses were not mentioned in the inquest report prepared under Section 174 Cr.P.C. and, therefore, their evidence cannot be relied upon. The Apex Court, dispelling this argument and reiterating the view taken by it in Podda Narain's case (supra) held that in view of the judgment pronounced by this Court in Podda Narain's case, they see no force in the submission made by the learned counsel for the appellant that (Downloaded on 17/09/2021 at 08:33:05 PM) (4 of 6) [CRLMP-4226/2021] the evidence of the eye witnesses could not be relied-upon as their names do not figure in the inquest report prepared at the earliest point of time and the non- mentioning of the names of the eye witnesses in the inquest report is no ground to refuse to rely on their evidence".
"24. The next contention, raised by the learned counsel for the appellants is that Shakuntla was issue-less and a depressed lady and, therefore, she might have committed suicide. The learned trial Court has considered this circumstance, also, and the other facts regarding the charges of adultery levelled against Shakuntla by her in-laws and held that this may be a cause for committing the murder of Shakuntla by the appellants. It cannot be, therefore, said that this circumstance was not considered by the learned trial Court: Moreover, as is clear from the evidence of the three doctors, viz., Pw 6 Dr. B.C. Sodhi, PW 8 Dr. K.C. Mittal and PW 9 Dr. Narendra Singh Godara that the death of Shakuntla is the result of throttling and she did not commit suicide. All the three doctors, who were the Members of the Medical Board constituted for conducting the post-mortem examination and preparing the report and for finding-out the cause of death of deceased Shakuntla, have stated that peculiar smell of burnt kerosene oil was present and there was effusion of blood and blood-clots were present in the subcutaneous tissues around the area of thyroid cartilage and larynx. Fracture of right cornua of the hyoid bone was present and tongue was protruding and the tongue was caught between the teeth. There were burns on the body which were post-mortem in nature. These doctors have, also, opined that after committing the murder by throttling, the lady was put to fire as there were no signs of blisters. It is a case of clear-cut murder by throttling and thereafter putting the dead body to fire. Modi, In his book: Medical jurisprudence and Toxicology (XXI Edition, 1989, at page 199} has stated that" it should be noticed here that hyoid bone and superior cornua of thyroid cartilage are not as a result of fracture of any other means than by strangulation although the laryns and trachea may fracture as a result of fall. Taylor, in his book: Principles and Practice of Medical Jurisprudence (13th Edition) at page 315 has stated that "internal injuries are remarkably infrequent and when present, suggest that some violence has occurrence such as from a drop. In addition to soft tissues, injuries which are Intrequent fractures, may occur In both the larynx and hyoid bone. The frequency with which they occurred, vary considerably in different series. In our own practice, the fracture of thyroid cartilage are approximately equal to fracture of the greater zone of larynx. They are considerably less commonly found in strangulation. Parikh, In his Book: Text-Book of Medical Jurisprudence and Toxicology, at pages No. 210, observed that 'fracture of the hyoid bone seldom occurs In hanging or strangulation by ligature. It is strongly 111 favour of (Downloaded on 17/09/2021 at 08:33:05 PM) (5 of 6) [CRLMP-4226/2021] throttling. When found, it is a region of cornua which are generally squeezed violently during press, the broken ends being displaced inwards. Parikh, at page No. 661 of his aforesaid book, has further observed that "the hyoid is a TJ' shaped bone having blood and a greater comuae and lesser cornua on either side of the body. The lessor corenuae is small concical eminence at angle of junction of the bond with the greater cornua. Common injuries of this' bone are cuts and fractures. Cuts and normal encountered in a throat injuries. Fractures are encountered in hanging, strangulation , throttling and in direct trauma such as run-over injuries. Gloister, in his Treaties on Medical Jurisprudence (13th Edition, at page 183) has stated that " fractures of the hyoid bone are common occurrence and when it is present, indicates that considerable violence has been applied." C.J. Poison and D.J. Gee, in their Book: Essential of Forensic Medical, at page 23) have stated that "fracture of the hyoid bone or the larynx as a result of strangulation is presumptive evidence of homicide and should be thus regarded until other possibilities have been satisfactorily excluded." PW 6 Dr. B.C.Sodhi, in his cross- examination, has specifically stated that the fracture of the hyoid bone cannot be caused by fall nor it can be caused by any other injury and it can be caused only in the case of throttling or strangulation. In the case of throttling or strangulation, there is, also, some degree of respiratory obstruction which results in bulging of eye and protruding the tongue. The tongue, if it supervenes, is caught between the teeth. Fracture of hyoid bone, also, occurs in the case of throttling. The hyoid bone in the region of cornua was found fractured. The tongue was protruding and caught between the teeth, as has been stated by the doctors. It is a case of murder bu throttling as is clear from the evidence produced by the prosecution by way of producing the three doctors aforesaid and after committing the murder of Shakuntla, the accused sprinkled kerosene on the dead body of Shakuntla and put her to fire."
This Court finds that the precedent law is based upon on Modi's Medical Jurisprudence & Toxicology and in the given circumstance, it is better to taken medical opinion about Hyoid bone fracture even if the post-mortem report has indicated hanging.
It is directed that the Superintendent, Government Hospital, Pali shall constitute an appropriate Medical Board, who shall carefully examine the three judgments quoted hereinabove, in (Downloaded on 17/09/2021 at 08:33:05 PM) (6 of 6) [CRLMP-4226/2021] which medical reference and medical experts have quoted at length.
The Board shall submit report to this Court as to whether the medical opinion pertaining to Hyoid bone fracture indicates strangulation in the present case.
List after two weeks.
CRLMP No.3107/2019 In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
List after two weeks.
Interim order, if any, shall continue til next date.
(DR.PUSHPENDRA SINGH BHATI),J.
232-233-nirmala/Sanjay-
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