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The abrasions and contusions on the face were possible by finger nails and by fist blows. He also categorically opined that one cannot commit suicide by strangulation by using M.O.I, on one's neck.

6. It has been strenuously urged by Mr. Patra, the learned Counsel appearing for the appellant that the evidence of the Doctor is not acceptable so far as his opinion of the impossibility of suicide is concerned. It is no doubt correct that P.W. 11 has contradicted himself by once saying that it is not possible for one to commit suicide by self strangulation by a ligature and that he does not agree with Modi that there might be some cases of self strangulation and again stating that if there would be a case of self strangulation, then there would be signs of violence. Later on the witness again stated that in very rare cases there could be self strangulation by ligature but however he stated that he does not agree with Modi that in such cases injuries to the deep structures of the neck and marks of violence on other parts of the body are, as a rule, absent. The evidence of P.W. 11 being thus confused on the point would not be of much help to determine the question whether it was a case of self strangulation or suicide. But however by reference to the established medical authorities it can be well said from the injuries on the person of the deceased that it could not be a case of self strangulation. According to Modi (12th edition page 154), suicidal strangulation is not very common and that in such cases some contrivance is always used to keep the ligature tight after insensibility supervenes. This is usually done by twisting a cord several times round the neck and then tying a knot, which is usually single and in front or at the side or back of the neck, or by twisting a cord tightly by means of a stick, stone or some other solid material, or by tightening the ends of a cord by tying them to the hands or feet or to a peg in a well or to the leg of bed. In such cases injuries to the deep structures of the neck and marks of violence on other parts of the body are, as a rule, absent. Tayler in his Principles and Practice of Medical Jurisprudence, 13th Edition, observes at page; 309 as follows :-

(4) A running noose with the free end attached to the hand, the weight of the hand and forearm affecting compression.

In this case P.W. 11 stated that he did not find the larynx and trachea affected as well any injury to the neck muscles. He also did not find any rupture of the carotid arteries and also did not find any hyoid bone fractured. But however he found congestion in the deep structure of the throat. Another circumstance which has also bearing on the question whether the death was suicidal or not is the condition of the deceased. Admittedly she had been administered phenargan injection of about 8 to 8.30 A.M. as stated to by P. Ws. 4 and 7. According to P.W, 6, the Doctor who conducted D & C operation, the effect of phenargan injection remains for 3 to 4 hours whereas P.W. 11 stated that the effect of 50 ML. of phenargan would be maximum after 3 hours and would completely vanish after six hours and that the patient would remain drowsy for 4 to 6 hours. It also appears from the evidence of P.W. 11 that about 24 hours had expired since the death by the time of post-mortem examination which was conducted at 1.35 P.M. on 12-1-1983 and hence the approximate time of death was about 1.30 or 2 P.M. on 11-1-1983. Taking into consideration the fact that the deceased would have been drowsy by the time of death and there was no mark corresponding to any knot and absence of any stick or any other material which would have been necessary to twist the cord tightly so as to cause death by asphyxia, the presence of abrasions and contusions which were possible by fingernails and fist blows, it seems reasonably certain that the death of the deceased was not suicidal strangulation but was homicidal. It has of course been submitted by Mr. Patra that the presence of the abrasion and contusion was not marked in the inquest report and were later introduction, but it was possible that such marks were not noticed at the time of the inquest but were marked by P.W. 1 while conducting the post-mortem examination.