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28. According to Mr. Chamuah the Postmortem Report (Exhibit-2) indicates that the thyroid cartilage was fractured but the laryngeal prominence was intact. By referring to the Postmortem Report, Mr. Chamuah has further argued that although the PW-8 had mentioned that there were ecchymosis and fracture of thyroid cartilage but he did not mention the status of the hyoid bone which, according to him, was of vital importance in determining as to whether it was a case of suicide or strangulation. Mr. Chamuah submits that if the thyroid cartilage was in fact fractured then it is not possible that larynx and trachea would remain healthy and intact as shown in the Postmortem Report. Insofar as the entry made in the inquest report to the effect that one of the legs was found touching the ground, Mr. Chamuah submits that in case of partial hanging, the legs could be found touching the ground. In order to substantiate his above arguments Mr. Chamuah has relied upon and referred to the opinions expressed in the book " Forensic Medicine And Toxicology" by J.B.Mukherjee (4th Edition).

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29. In Chapter 8 of the Mukherjee's Volume under the heading " Violent Asphyxial Deaths: Hanging", it has been mentioned that positions such as Kneeling, reclining etc. with feet, knee or heels touching the ground because of low suspension, in case of partial hanging are the most diagnostic findings of suicidal hanging. The above opinion of the Expert, as apparent from J.B. Mukherjee's volume, appears to support the submission of Mr. Chamuah that in case of partial hanging, feet touching the ground could be a common phenomenon.

30. Drawing a distinction between ligature marks in case of suicidal hanging and strangulation, the following observations have been made in J.B. Mukherjee's Volume, which are quoted herein below:

"Suicidal Hanging: Oblique, non-continuous, high up in the neck usually; may be transverse, nearly circular in case of low suspension at or below the level of thyroid cartilage, as in partial hanging. Base of the mark is pale, hard and parchmentised, sub-cutaneous tissue underneath is hard, white and glistening. Strangulation: Transverse, Circular, Complete, Continuous. Low down in the neck; it may simulate suicidal hanging, if homicidally hanged, on being hanged up from behind or hanged immediately after death, killing having been done by means other than hanging. The base of the mark is soft and reddish while the subcutaneous tissue under the mark may be ecchymosed."

34. From a careful reading of the opinion expressed in the textbooks of J.B. Mukherjee and Modi, we find that the possibilities of existence of ligature marks both in case of suicidal hanging and strangulation cannot be entirely ruled out. Moreover, although saliva is uncommon in case of hanging, yet, dried saliva at times is found even in case of death due to suicidal hanging. We also find that in case of partial hanging it is possible that the feet of the victim is found touching the ground and therefore, merely because the legs of the victim was found to be touching the ground, the same cannot be a conclusive proof of the fact that this was a case of hanging after death.