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The learned Sessions Judge also pointed out that according to Modi's Medical Jurisprudence and Toxicology, suicide by self strangulation is very rare and without a contrivance, with which sufficient pressure required to bring about death can be generated, suicide by self strangulation, can not be performed because after application of some force, there would be insensitivity thereby loosening the grip on the neck. As in this case, no contrivance with which such self strangulation could have been committed was found, the case of suicide by self strangulation was ruled out. Accordingly, the homicidal death of the deceased by strangulation by the accused was the only possibility in the facts of the case. The learned Sessions Judge, therefore, convicted the accused for the offence of murder and sentenced her to imprisonment for life.

Mr. Kumar has submitted that even though suicide by self strangulation is uncommon, there are instances of such suicide, Mr. Kumar has further submitted that PW.11 the doctor holding post-mortem examination has deposed that he had noticed injuries on the deep structure of the neck muscles. Such injury, according to Modi's Medical Jurisprudence and Toxicology, will be absent as a rule in the case of suicide by self strangulation. The opinion contained in Modi's Medical Jurisprudence and Toxicology is always regarded as of high authoritative value. At least, such presence of injuries on deep structure of neck muscle raises reasonable doubt as to whether death was due to homicidal strangulation by someone or suicide by self strangulation and the benefit of doubt should go to the accused. The High Court has, therefore, rightly given such benefit of doubt in favour of the accused.

Mr. Kumar has contended that unless the possibility of suicide by self strangulation is ruled out and possibility of someone entering the house through the back door is ruled out, the accused cannot be held account of suicide by self strangulation out is was a case of murder by strangulation. Mr. Kumar has contended that whether the back door was closed from inside or not ought to have investigated by the police. Such important fact about the actual position of the back door could not have been missed to be stated by the doctors, P.W.s 6 and 7, to the police. At least, the police should have put questions to ascertain the position of the back door to the said witnesses at the time of their examination under Section 161 Criminal Procedure Code. Absence of such investigation by the police, coupled with the fact that no such statement about the position of the back door was made by P.W.6 and 7 to the police, raises serious doubt as to the actual position of the back door. It is not unlikely that the doctors failed to notice such fact and it a later date when they deposed in the case, a wrong statement was made by the doctors because of lapse of memory with the passage of time. Precisely for such reason, the High Court has entertained doubt about the actual position of the back door at the time of commission of the offence.

In our view, the case of committing suicide by self strangulation by the deceased must be ruled out. Both in Modi's Medical Jurisprudence and Toxicology and in Taylor's Principles and Practice of Medical Jurisprudence, to which our attention was drawn by Mr. Ranjit Kumar, it has been clearly indicated that suicide by self strangulation is very rare. For committing suicide by self strangulation, the person committing suicide must take aid of a contrivance so as to ensure application of sufficient force until death by strangulation. Without such contrivance, sufficient force cannot be applied because initially with the application of force, insensitivity will develop for which the hands pulling the ends of the string must get loosened. In the instant case, no contrivance was noticed either by PWs. 6 and 7 who had come to examine the deceased by hearing the alarm. The accused has also not seen any contrivance at the place of incident and in her statement under Section 313 Criminal Procedure Code, she has not disclosed any fact, which was within her special knowledge, in support of a case of suicide by self strangulation.