Bombay High Court
Dhanraj Shesherao Nagargoje And ... vs The State Of Maharashtra on 6 October, 2022
Author: S. G. Mehare
Bench: S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
928 ANTICIPATORY BAIL APPLICATION NO.1297 OF 2022
WITH APPLN/3384/2022 IN ABA/1297/2022
DHANRAJ SHESHERAO NAGARGOJE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicants : Mr. Lavte Amar Vinayakrao.
APP for Respondent-State : Mr. K.S. Patil.
Adv. for Complainant to assist learned APP : Mr. Vikhe P. B.
...
CORAM : S. G. MEHARE, J.
DATE : 06.10.2022
PER COURT :-
1. Heard the learned counsel for the applicants, learned
APP for the respondent-State and learned counsel for the
Complainant assisting the learned APP.
2. The deceased was the wife and daughter-in-law of the
applicants. She married six years before the applicant Dhanraj.
They have been blessed with a male child. They were residing
in the field. It is not in dispute that the parents of the deceased
were residing about 100 meters away from the house of the
applicants. The deceased was the daughter of the maternal
aunt of the applicant/husband. Unfortunately, the deceased
committed suicide in the house by hanging on 24.08.2022. The
mother of the deceased lodged the report on the very same
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day, alleging that she heard the noise from the house of the
deceased, so they went there and saw that she was hanged by
the scarf, so they went there and saw her dead. Then, police
came there, they drew panchnama and took her dead body for
post-mortem. It has been alleged that the applicants were
harassing her, saying that she had no good face. She was
continuously harassed. Therefore, she committed suicide.
3. Learned counsel for the applicants has vehemently
argued that the deceased was undergoing treatment for BAD
mania (Bipolar Mania). Therefore, she used to be under
depression. Her husband was treating her with a psychiatrist.
Therefore, possibility of committing suicide under depression
can not be ruled out. The applicants never ill-treated the
deceased and had no quarrels at any time. She was the
paternal sister of her husband. There were no complaints in six
years of her marriage. He has also referred to Modi's Medical
Jurisprudence, 27th edition, published by LexisNexis in the year
2021. He referred to page No.565 and showed a similar picture
of the deceased committing suicide. Modi has named such type
of suicide "typical hanging". He also read the commentary on
page No.566 of the same book that, "In hanging from a low
point of suspension (partial hanging), a comparatively little
force, about 4.5 k.g. is enough to occlude blood vessels of the
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neck. The term, "partial hanging" is used for such cases in
which the bodies are partially suspended, or for those in which
the bodies are in a sitting, kneeling, reclining, prone, or any
other posture. In all such cases, deaths are inevitable from slow
asphyxia, if there is enough force upon the ligature to constrict
the neck." He also referred to page No.571 and read from the
said page that, in a typical hanging, "the tongue is drawn in, or
caught between the teeth, or protruded and bitten. It is usually
swollen and blue, especially at the base."
4. In short, he argued that the tongue used to be inside the
mouth in such a type of hanging. He would submit that there
were no other signs except the ligature marks. The ligature
marks were antemortem. There were no injuries to her face. It
was purely a suicide. The relevant material has been seized
from the spot of the incident. The false allegations have been
levelled against the applicants that the deceased died due to
harassment.
5. Application has been strongly opposed by the learned
APP and learned counsel for the Complainant. He has
vehemently argued that bipolar mania never depressed a
person to such an extent as to commit suicide. However, she
had been harassed since the day of her marriage. The
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circumstances around the dead body, where she was hanged,
also create suspicion. A plastic chair was lying behind the dead
body, and nothing was disturbed around the dead body. That
means she did not resist death and also did not try to save her
life. These circumstances raises a serious doubt about her
hanging. She was ill-treated. She has no reason to commit
suicide. Therefore, the application deserves to be dismissed.
6. The learned APP would submit that there was a rigour
mortis. The death is unnatural, and the possibility of hanging
her after murder cannot be ruled out. The offence is serious,
and therefore, the custodial interrogation is essential to know
how the deceased died.
7. Before embarking upon the factual aspects, as admitted
by the learned counsel by the Complainant that the deceased
was suffering from Bipolar Disorder, it would be appropriate to
discuss what is a bipolar disorder. In Modi's Medical
Jurisprudence (supra), Bipolar Disorder is discussed on page
No.1031. Bipolar Disorder is used for a group of mental illness
with primary disturbances of effect, from which all other
symptoms arise. The effect i.e. the mood, varies between
extreme poles of cheerfulness and sadness. The illness has a
second characteristic of periodicity. The third characteristic is
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returning to normalcy from the attack without impairment of
mental integrity. In practice, one finds that a single attack of
mania or a single attack of depression can occur. It occurs in
persons predisposed to mood disturbances.
8. Whether she died of Bipolar Disorder may be
investigated during the trial. The facts remain that she was
suffering from Bipolar Disorder which was a mental illness.
Depression is one of the stages in Bipolar Disorders. She was
under the treatment for about last eight months. The applicant
and deceased were from a poor strata of the society.
Considering the facts of hanging as discussed above, no one
can doubt that there may be suicide in the way she hanged
herself. It is not a thumb rule that in every suicide, in
resistance, surrounding articles must be disturbed. Modi's
Jurisprudence (supra) reveals that a weight of 4.5 kg is
sufficient pressure to die. The Post Mortem Report is the best
piece of evidence in this case. No surface wounds (external
wounds) over the body except the ligature marks. The ligature
marks have been described in detail. Naturally, those must be
antemortem. There were no other signs of injuries that may
cause the death. The other organs of the deceased were mostly
intact without injury.
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9. The learned APP also pointed out that the deceased had
a meal before the death. It appears that, in this case, the period
of a meal may not be relevant. The examination of the body
while Post Mortem Report shows that she died due to
"Asphyxia due to hanging". Post Mortem Report may be
considered as prima facie evidence. The hanging may be
possible as the deceased hanged in this case. During six years
of the marriage, there were no complaints against the
applicants about ill-treatment and harassment of the deceased.
The possibility of committing suicide due to Bipolar Disorder
and extreme poverty cannot be ruled out.
10. Analyzing the facts of the case with the Medical
Jurisprudence, the Court believes it will not be suspected that
the applicants killed/murdered the deceased. The material
collected by the Investigating Officer proves it is suicide by
hanging. In such cases, there is the least possibility of recovery
of any intimidating evidence from the accused. Therefore, the
application deserves to be allowed. Hence, the following
order :
ORDER
(i) The application is allowed.
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(ii) The interim protection granted to the applicants by the order dated 28.09.2022 stands confirmed on the same terms and conditions with an additional condition to attend the Police Station as and when called by the Investigating Officer on written notice.
(iii) Criminal Application No. 3384 of 2022 is allowed.
(S. G. MEHARE, J.) ...
vmk/-
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