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Bladder was empty and healthy. Organs of generation were healthy and empty."

According to opinion of the Medical Board, cause of death is anoxia caused by incomplete strangulation which was sufficient to cause death in ordinary course of nature and was ante mortem in nature. During cross-examination Doctor admitted that usually in case of strangulation, there is fracture of a hyoid bone. He further stated in cross -examination that in present case death due to partial hanging cannot be ruled out. In re-examination, the Doctor stated that it is a case of partial strangulation or a partial hanging but there is no greater probability of either.

"I am innocent. I was married to Surinder Kaur on 9.2.1992. We were living happily. Dowry if any was given by the parents of Surinder Kaur of their own sweet will. We never demanded any dowry or any money. I was running a hosiery business in the name of Jugnu Enterprises India since 12.4.1990. My firm was paying Income tax. I had life Ins. Policy of Rs.One lack dated 20.10.1992 and my wife Surinder Kaur now deceased was nominee in that policy. My father Harbhajan Singh was working as Manager in Punjab & Sind Bank Mandi Ahmedgarh during those days i.e. 13.1.1993. He was there since June 1992 and prior to that he was posted as Manager Punjab & Sind Bank U.P. In Gorakhpur. On 13.1.1993, Surinder Kaur alone was present alongwith my grandmother Sheelawati. I alongwith Surinder Kaur used to sleep in the Chaubara. On 13.1.1993, Surinder Kaur continued playing kites during the day and raising raula and crossing kites with other boys. My grandmother who is an old lady felt annoyed due to her behaviour. She said some harsh words to Surinder Kaur. Surinder Kaur was an educated lady who felt annoyed and went in her bed room and tried to commit suicide by putting chuni in hook of the fan and other side of the chuni in her neck. I came and I saved her and raised raulla and also called Dr.Jasbir Singh who advised me to take Surinder Kaur to DMC. I took Surinder Kaur to D.M.C. But staff of DMC was on strike, so I took her to C.M.C. Before that I had informed my father-in-law on telephone about the abovesaid occurrence. I tried to save Surinder Kaur by giving her best medical treatment from C.M.C. But unfortunately, she could not survive and due to partial hanging, she even could not speak during the days, she remained alive. I and my family members remained in C.M.C. And continued giving her medical aid but Swaran Singh on misguided suspicion and under wrong advice of his relations falsely involved me and my relations. We were apprehended from the C.M.C. by the police. I and my relations were kept in P.S. Division No.4 Ludhiana on 24.1.1993 and I was shown arrested on 13.2.1993 and my relations were let off by the police of P.S. Division No.4, Ludhiana."

In the present case, accused appellant was also tried for offence under Section 302 IPC. Trial Court relied upon the statement of PW-1 Dr.Manmohan Singh, Medical Officer, who admitted in cross- examination that usually there is a fracture of hyoid bone and in the present case, there was no fracture of hyoid bone. Therefore, possibility of partial hanging cannot be ruled out. The Court further held that Jatinder Kaur PW-7 had made material improvements over the statement made to the police, and therefore, held that she was not a reliable witness. Trial Court further held that testimony of Rajinder Kaur PW-6, real sister of mother of the deceased, is also not to be taken into consideration, as she has also made material improvements in the statement and no credence can be attached to her testimony. Therefore, it was held that these two witnesses have not witnessed the occurrence. Testimony of Jaspal Singh PW-12, to whom extrajudicial confession was made, was also not believed. Trial Court, therefore, acquitted the accused for offence under Section 302 IPC.

On taking into account the opinions expressed in various text books, the task of Court becomes onerous in the present case, to determine whether Surinder Kaur died due to strangulation or hanging, especially when PW-1 Dr.Manmohan Singh, Medical Officer had opted for a convenient route to state that possibility in the present case being of partial hanging cannot be ruled out. Thus, he kept both the doors open.

In the post-mortem report, following pronounced indicators have been found for the Court to apply its mind: