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Showing contexts for: partial hanging in Pareshbhai Shankerbhai Taviyad vs State Of Gujarat on 25 March, 2026Matching Fragments
20. In continuation, she had further developed the theory which has been emphasized on the aforesaid judgment of partial hanging.
Page 18 of 34 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Wed Mar 25 2026 Downloaded on : Thu Mar 26 00:54:54 IST 2026NEUTRAL CITATION R/CR.A/1358/2015 JUDGMENT DATED: 25/03/2026 undefined She submitted that the FSL scene of offence report at Exh.49 and Exh.51 itself supports the possibility of suicide. The report notes a wooden beam at a height of approximately 11.1 feet from the floor, a wooden cot, a plastic chair top surface 1.4 feet from floor, and a wooden shelf with four partitions. According to her, the deceased could have easily climbed onto the chair or the shelf, tied the dori/string/rope around her neck and the beam, and then stepped off, resulting in partial hanging. When the body became partially suspended, she might have instinctively tried to support herself on the shelf, causing the dori/string/rope to slacken.
20.2 Thus, the defence urged that the entire prosecution story of deliberate strangulation followed by staging is demolished by the very FSL measurements and the possibility of partial hanging.
21. The sum and substance of the arguments advanced by the learned advocate for the appellant, even the symptoms of hanging and strangulation are largely common the post-mortem does not mention salivary dribbling a sign of hanging in Medical Jurisprudence and Toxicology, where in hanging saliva dribbles NEUTRAL CITATION R/CR.A/1358/2015 JUDGMENT DATED: 25/03/2026 undefined down the mouth onto the chin and due to continued glandular secretion under asphyxia, whereas in strangulation it is absent, yet the doctor himself conceded that in partial hanging such dribbling may not occur. The learned advocate therefore submitted that the prosecution has failed to prove beyond reasonable doubt that the death was homicidal and that the appellant is entitled to acquittal.
21.5 It is submitted by the learned APP that the submissions advanced by the learned advocate for the appellant that similar NEUTRAL CITATION R/CR.A/1358/2015 JUDGMENT DATED: 25/03/2026 undefined caution is warranted here does not find prudence as reliance was placed by the learned advocate for the appellant while submitting that the postmortem opinion of Dr. Nirala at Exh. 6 & 7 opines asphyxia due to strangulation, with horizontal ligature marks above the thyroid cartilage and transverse fracture, but the report is silent on critical differentiators like the exact depth of marks, salivary dribbling absent in strangulation but often present in hanging, precise obliquity or continuity of the mark, and other signs like Le Facie Sympathique or lung bullae. The doctor in cross- examination conceded overlaps in symptoms between hanging including partial hanging and strangulation, the possibility of fracture in partial hanging, and that a sudden rear attack could explain absence of defence injuries.
23.3 In the present appeal, the learned APP submits that analogous caution applies. The postmortem at Exh.7 records horizontal ligature marks above thyroid cartilage with transverse fracture and muscle congestion, but lacks detail on depth, salivary dribbling (absent in strangulation, often present in hanging), precise continuity, sternomastoid crush specifics, or emphysematous bullae. The doctor conceded symptom overlaps, fracture in partial hanging, and no defence injuries possible in sudden rear attack. FSL/scene evidence (11.1 ft. beam, 1.6 ft. rope, unstable chair, undisturbed items) arguably raises doubt on homicidal staging versus suicide/partial hanging.