# Dr. Gurumukh Singh v. State Of U.P

- **Citation:** (2016) 6 ILRA 145
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2016-06-09
- **Bench:** Vikram Nath, Pratyush Kumar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/dr-gurumukh-singh-v-state-of-u-p-44048
- **Pages:** 15

## Text

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6 All. Dr. Gurumukh Singh Vs State Of U.P.

145
20. Hon'ble Supreme Court in case of Budhsen and another vs. State of U.P., AIR 1970 SCC
1321 observed that the evidence of mere identification of the accused person at the trial for the first time is
from its very nature inherently of a weak character. The evidence in order to carry conviction should
ordinarily clarify as to how and under what circumstances he came to pick out the particular accused person
and the details of the part which the accused played in the crime in question with reasonable particularity.
The purpose of a prior test identification, therefore, seems to be to test and strengthen the trustworthiness of
that evidence. It is accordingly. considered a safe rule of prudence to generally look for corroboration of the
sworn testimony of witnesses in court as to the identity of the accused who are strangers to them, in the form
of earlier identification proceeding. There may, however, be exceptions to this general rule, when, for
example, the court is impressed by a particular witness, on whose testimony it can safely rely, without such
or other corroboration.

21. The case in hand there is solitary identification report prepared in jail to connect the appellants
with the crime. It has come from the evidence that the accused were known to the witnesses. Neither any
injury was said to be caused by the appellants nor any looted property was recovered from the possession of
the accused-appellants. T.I. Parade identification by itself cannot form the basis of conviction. Therefore, it is
not justified to maintain conviction

22. This criminal appeal is allowed and for the reason aforesaid the conviction and sentence of the
appellants namely Umesh and Arjun under section 395 IPC are hereby set aside and appellants are acquitted
of alleged charge. Since the appellants are on bail, bail bonds, if any, are cancelled and sureties stand
discharged.

23. Let a copy of the order be sent to lower court for compliance.
---------
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 09.06.2016

BEFORE

THE HON'BLE VIKRAM NATH, J.
THE HON'BLE PRATYUSH KUMAR, J.

Criminal Appeal No.- 4375 Of 2006
&
Criminal Appeal No.- 4374 Of 2006

Dr. Gurumukh Singh ...Appellant
Versus
State Of U.P. ...Respondent

Counsel for Appellant:
Samit Gopal, A.K. Umrao, C.K. Mishra, Daya Shanker Mishra, G.C. Saxena
146 INDIAN LAW REPORTS ALLAHABAD SERIES

Counsel for Respondent:
Govt. Advocate, S.N. Singh, S.N. Tiwari
.......................................................................................

Murder -- Section 302 IPC -- Dowry Death -- Strangulation vs. Hanging -- Medical Evidence -
- Homicidal vs. Suicidal Death -- Deceased wife found dead in room with ligature mark on neck --
Prosecution case of homicidal death by strangulation -- Defence case of suicide by hanging -- Ligature mark
continuous encircling the entire neck below the thyroid cartilage -- Underlying muscles and fascia found
ecchymosed by doctor conducting post mortem, indicating ante mortem violence to underlying tissues --
Ecchymosis of underlying tissues being significant indicator of strangulation as distinct from hanging --
Appellant Dr. Gurumukh Singh being a medical man with knowledge of human anatomy -- Held: Death
caused due to asphyxia as result of strangulation and not by suicide by hanging -- Absence of fracture of
hyoid bone not conclusive against finding of strangulation -- Conviction of appellant-husband under Section
302 IPC upheld. (Relevant Paras)

Cruelty to Wife -- Demand of Dowry -- Section 498-A IPC -- Evidence of Family Members --
Co-accused Acquitted Where Specific Evidence Lacking -- Testimonies of father (P.W.1), mother
(P.W.3) and brother (P.W.2) of deceased establishing continuous and repeated demand of dowry and
harassment -- Cross-examination leaving testimony of all three witnesses unshaken on material points --
Family members of deceased, who treated husband as near and dear one for years, not likely to depose
falsely without reason -- Held: Charges of demand of dowry and cruelty proved beyond reasonable doubt
against appellant Dr. Gurumukh Singh -- However, prosecution failed to adduce cogent and specific evidence
that co-accused Sanjay Singh (brother-in-law) made demand of dowry or harassed deceased -- Mere
residence with Dr. Gurumukh Singh at the time of death insufficient to fasten liability -- Co-accused Sanjay
Singh acquitted. (Relevant Paras)

Circumstantial Evidence -- False Defence as Additional Incriminating Circumstance -- Appellanthusband claiming house was locked from inside at time of discovery of body -- If suicide by hanging had truly
occurred, murderer could not have made exit from a locked house -- Falsity of explanation by accused being
a relevant additional incriminating circumstance -- Motive (repeated demand of dowry and harassment),
homicidal death by strangulation established by medical evidence, and exclusive opportunity to access house,
all established -- Held: Prosecution case proved beyond reasonable doubt -- Conviction affirmed. (Relevant
Paras)

Appellate Court -- Duty in Appeal Against Conviction -- Independent Appreciation of Evidence -
- Held: High Court in exercise of its appellate jurisdiction in an appeal against conviction is duty bound to
independently consider and discuss the evidence on record and deal with arguments raised at the bar -- Must
arrive at independent finding based on its own appraisal of evidence -- Cannot merely affirm trial court's
conviction without discussion -- Appellate court fails in discharge of essential duty if it fails to independently
examine evidence, however briefly. (Relevant Paras)

Criminal Appeal No. 4375 of 2006 (Dr. Gurumukh Singh) Dismissed; Criminal Appeal No. 4374 of
2006 (Sanjay Singh) Allowed -- Conviction and sentences of appellant Dr. Gurumukh Singh under
Sections 498-A, 302 IPC and Section 3/4 Dowry Prohibition Act affirmed -- Dr. Gurumukh Singh in jail
directed to serve out sentences in accordance with law -- Appellant Sanjay Singh acquitted from charges
under Section 498-A IPC and Section 3/4 Dowry Prohibition Act -- Sanjay Singh on bail; personal bond and
surety bonds cancelled; sureties discharged. (Final Order)

Case Law Discussed:
1. Ishvarbhai Fuljibhai Patni vs. State of Gujarat 1995 Supreme Court Cases (Crl.) 222
6 All. Dr. Gurumukh Singh Vs State Of U.P.

147
2. Lal Mandi vs. State of West Bengal 1995 CRI.L.J. 2659 (Supreme Court)
3. Ponu Swamy vs. State of Tamil Nadu 2008 CriLJ 2563

(Delivered by Hon'ble Vikram Nath, J.
&
Hon'ble Pratyush Kumar, J.)

1. The above mentioned appeals filed under section 374 (2) Cr.P.C. on behalf of accused
appellants are directed against judgment and orders dated 20th July, 2006 passed by Sri Prakash
(H.J.S.) Additional Sessions Judge, Court No.6 Ghaziabad in Session Trial No. 1199 of 1998 (State
Vs. Gurumukh Singh and others) whereby the appellant Dr. Gurumukh Singh was convicted under
sections 498A, 302IPC and section 3/4 Dowry Prohibition Act. He was sentenced to undergo
rigorous imprisonment of three years and to pay fine of Rs. 10,000, imprisonment for life and to
pay fine of Rs. 20,000/- and to undergo rigorous imprisonment of two years and to pay fine of Rs.
5,000/-. In default of payment of fine he was directed to undergo rigorous imprisonment of one

2. year, two year and six months respectively. Appellant Sanjay Singh was convicted under
sections 498A IPC and 3⁄4 Dowry Prohibition Act and sentenced to undergo rigorous imprisonment
of three years and to pay fine of Rs. 10,000/-, further to undergo two years rigorous imprisonment
and to pay fine of Rs. 5,000/-, respectively. In default of payment of fine he was directed to
undergo rigorous imprisonment of one year and six months on both the counts, respectively.

3. Since both the appeals arise out of the same judgment, they have been heard together
and disposed of by common judgment and order.

4. Heard Sri Rajiv Lochan Shukla, learned counsel for the appellants, Sri A.N. Mulla and
Ms. Ainakshi Sharma, learned AGA for the State and perused the record.

5. Facts giving rise to the present appeal may be summarized as under:

6. That on 22nd October, 1996 at 8.15 p.m. Kishan Pal Singh gave a written report at
police station Loni stating therein that 7-8 years ago he married his daughter Padma with Dr.
Gurumukh Singh and gave dowry beyond his status but Jaswant Singh and Smt. Gurudevi (parents
of the bridegroom) and Dr. Gurumukh Singh and his younger brother Sanjay Singh were not
satisfied with the dowry. They started to make additional demand of colour television, VCR and
car. When their demands were not met they used to beat and torture Padma. In December, 1994 all
the four accused visited his house and reiterated the demand for additional dowry. On 18th
November, 1995 they again made demand for additional dowry. The accused persons abused
Padma, humiliated her and asked her to leave their house. Thereafter on 25th November, 1995 their
demand was reiterated by Dr. Gurumukh Singh and Sanjay Singh in the presence of family
members of the first informant and other respectable members of their caste. When the matter was
not amicably settled, the first informant after conversing with his daughter, who was reluctant to
leave her sasural on account of her three children, he alongwith others came back but Padma did
148 INDIAN LAW REPORTS ALLAHABAD SERIES

not come with the first informant. On 11th July, 1996 he was called to Loni on the false pretext
where demand for additional dowry was again made. When the matter remained unresolved he took
his daughter with him. After 16 days Dr. Gurumukh Singh telephonically threatened Padma and
asked her to bring Rs. 2 lakhs with other articles immediately and come to Loni. Wife of the first
informant took Padma to Loni without cash and articles demanded by the appellant. She was
humiliated there and after leaving Padma there he came back.

7. On 22nd October, 1996 at 1 p.m. an unknown person informed him that some mishap
with his daughter had taken place, he must come to Loni immediately. When the first informant
along with other family members reached PHC, Loni he found dead body of his daughter in a
room. He apprehended that his daughter was murdered by the accused persons for dowry.

8. At this check FIR was scribed, Case Crime No. 551 of 1996 under section 302 IPC was
registered at P.S. Loni. Investigation was taken over by S.I. Rajnikant Katara who investigated the
matter and submitted the charge sheet against all the four named accused persons. Both the
appellants along with co-accused Jaswant Singh and Gurudevi stood for trial before the Court of
Session. Appellant Gurumukh Singh was charged under sections 498A, 302 IPC and 3⁄4 Dowry
Prohibition Act other co-accused were charged separately under section 498A IPC and 3⁄4 Dowry
Prohibition Act. They denied the charges and claimed to be tried.

9. On behalf of the prosecution in order to prove the charges in the documentary evidence
besides other papers written report Ext. Ka-1, check FIR Ext. Ka-2, postmortem report Ext. Ka-4,
site plan Ext. Ka-5, inquest report Ext. Ka-7 charge sheet Ext. Ka-6 were filed.

10. In the oral evidence six witnesses were examined. Thereafter statements of the
appellants were recorded, wherein they denied the facts stated by the prosecution witnesses.
According to them they were falsely implicated. In the defence one witness Dr. Indrajeet Sharma
D.W.1 was examined and medical papers regarding treatment of deceased Smt. Padma were filed.

11. The learned trial Judge after hearing the counsel for both the parties acquitted Jaswant
Singh and Smt. Gurudevi, however, he recorded finding of guilt against both the appellants.
According to him it was not a case of suicide but deceased had died due to asphyxia as a result of
strangulation. He also found charges of demand of dowry and cruelty proved against the present
appellants.

12. Sri Rajiv Lochan Shukla in support of both the appeals has submitted that impugned
judgment and orders are illegal. The evidence has not been properly appreciated. According to him
from the medical evidence it is established that deceased committed suicide by hanging herself.
According to him in the defence medical papers were filed to show that deceased was patient of
depression and due to which she committed suicide. He has further submitted that during 10 years
there was no complaint of demand of dowry or mal treatment of Padma therefore charges under
sections 498A and 3⁄4 Dowry Prohibition Act could not be proved against the appellants.
6 All. Dr. Gurumukh Singh Vs State Of U.P.

149
13. On behalf of the State these arguments have been repelled and it has been submitted
that the learned trial Judge has rightly appreciated the evidence. Medical evidence unmistakably
indicates that death of the deceased had occurred due to asphyxia as a result of strangulation and
appellant being husband failed to explain how the deceased was murdered in his house. It has been
further submitted that finding recorded by the learned trial Judge are well substantiated from the
record, cogent reasons have been given in support thereof. The appeals have no substance and they
deserve to be dismissed.

14. In reference to our obligation as an appellate court hearing appeal against conviction,
we would like to refresh our minds by recalling the observation made by the Apex Court in the case
of Ishvarbhai Fuljibhai Patni Vs. State of Gujarat [1995 Supreme Court Cases (Crl) 222].
Para-4 of the judgment reads as under:

"4. Since, the High Court was dealing with the appeal in exercise of its appellate
jurisdiction, against conviction and sentence of life imprisonment, it was required to consider and
discuss the evidence and deal with the arguments raised at the bar. Let alone, any discussion of the
evidence, we do not find that the High Court even cared to notice the evidence led in the case.
None of the arguments of the learned counsel for the appellant have been noticed, much less
considered and discussed. The judgment is cryptic and we are at loss to understand as to what
prevailed with the High Court to uphold the conviction and sentence of the appellant. On a plain
requirement of justice, the High Court while dealing with a first appeal against conviction and
sentence is expected to, howsoever briefly depending upon the facts of the case, consider and
discuss the evidence and deal with the submissions raised at the bar. If it fails to do so, it apparently
fails in the discharge of one of its essential jurisdiction under its appellate powers. In view of the
infirmities pointed out by us, the judgment under appeal cannot be sustained."

15. In the case of Lal Mandi, Appellant v. State of West Bengal, Respondent [1995
CRI.L.J.2659 (Supreme Court), 2659], the Apex Court in para-5 of the report has given caution
to the High Court reminding its duty in the matter of hearing of appeal against conviction. It would
be gainful to reproduce the observation made in para-5 of the report, extracted below:

"5. To say the least, the approach of the High Court is totally fallacious. In an appeal
against conviction, the Appellate Court has the duty to itself appreciate the evidence on the record
and if two views are possible on the appraisal of the evidence, the benefit of reasonable doubt has
to be given to an accused. It is not correct to suggest that the "Appellate Court cannot legally
interfere with" the order of conviction where the trial court has found the evidence as reliable and
that it cannot substitute the findings of the Sessions Judge by its own, if it arrives at a different
conclusion on reassessment of the evidence. The observation made in Tota Singh's case, which was
an appeal against acquittal, have been misunderstood and mechanically applied. Though, the
powers of an appellate court, while dealing with an appeal against acquittal and an appeal against
conviction are equally wide but the considerations which weigh with it while dealing with an
appeal against an order of acquittal and in an appeal against conviction are distinct and separate.
The presumption of innocence of accused which gets strengthened on his acquittal is not available
150 INDIAN LAW REPORTS ALLAHABAD SERIES

on his conviction. An appellate court may give every reasonable weight to the conclusions arrived
at by the trial court but it must be remembered that an appellate court is duty bound, in the same
way as the trial court, to test the evidence extrinsically as well as intrinsically and to consider as
thoroughly as the trial court, all the circumstances available on the record so as to arrive at an
independent finding regarding guilt or innocence of the convict. An Appellate Court fails in the
discharge of one of its essential duties, if it fails to itself appreciate the evidence on the record and
arrive at an independent finding based on the appraisal of such evidence."

16. Before entering into the merits of the arguments advanced on behalf of both the parties
we would like to place on record broad features of the evidence adduced by the parties before the
trial court.

17. Kishan Pal Singh, P.W.1 is the first informant and father of the deceased. He has
reiterated the facts narrated in the first information report. He has proved written report Ext. Ka-1.

18. Mukesh Kumar Singh, P.W.2 is the brother of the deceased. He has supported the
prosecution version contained in the first information report.

19. Smt. Asarfi Devi, P.W.3 is the mother of the deceased. She has reiterated the facts
mentioned in the first information report.

20. HCP Sri Krishna Sharma, P.W.4 is the scribe of the check FIR Ext. Ka-2 and he has
also proved copy of the report of the general diary Ext. Ka-3.

21. Dr. R.R. Tyagi P.W.5 has deposed that on 23.10.1996 at 2 p.m. he performed the
autopsy on the dead body of Smt. Padma, who was aged about 28 years. She died one day ago. On
the dead body rigor mortis was present in the lower extremities. Blood was found in the mouth,
face was congested. Ligature mark was found on her neck. According to him ligature mark was non
interrupted all over the upper most part of neck varying from 1.25 cm to 1.75 cm. knot being under
chin, ligature mark of chunni. Underline muscles and fscia ecchymosed. Bleeding from nose was
present. He has further deposed that on the body no other mark of injury was found. During the
internal examination membranes of lungs, plura, pericarbin and blood vessels were found
congested. In his opinion deceased had died due to asphyxia as a result of constriction of neck. He
has proved postmortem report Ext. Ka-4. In the postmortem report he has written that the cause of
death to be asphyxia due to strangulation.

22. S.I. Rajnikant Katara, P.W.6 is the investigating officer. He has given details of steps
taken during the course of investigation. He has proved site plan Ext.5, charge sheet Ext. Ka-6,
inquest report ext. Ka-7 and other accompanying papers with the dead body Ext. Ka-8 to Ka-11.

23. The defence witness Dr. Indrajeet Sharma. D.W.1 has deposed that he is M.D. in
Psychiatry. On 21st August, 1996 he had made a medical checkup of Padma. He has proved her
6 All. Dr. Gurumukh Singh Vs State Of U.P.

151
E.E.G. Ext. Kha-1, its report Kha-2, medical prescription Ext. Kha-3. He has deposed that he
advised medication to Padma for depression.

24. Before reassessing and reappreciating the evidence adduced by the parties, we find it
convenient to notice some facts which are admitted to the parties. They may be taken note of as that
the appellant Dr. Gurumukh Singh and deceased were husband and wife. They had three children.
Dr. Gurumukh Singh at the relevant time was posted in Primary Health Centre, Loni and he had
residential accommodation adjacent to PHC wherein appellants and deceased along with her three
children were living. On 22nd October, 1996 death of Padma is also not disputed.

25. Here we would take a pause to refer, recall and reiterate the grounds canvassed by Sri
Rajiv Lochan Shukla in support of these appeals. They are given as below:

(1) There was no demand of dowry, no cruelty or torture was committed by the
appellants with Padma.
(2) Padma was a patient of depression, she committed suicide.
(3) These facts stand proved by medical evidence.
(4) The learned trial Judge has erred in appreciating the medical evidence given by
Dr. R.R. Tyagi P.W.5 and postmortem report Ext. Ka-4.

26.It is needless to say that in the criminal trial bruden is on the prosecution to prove the
charges against the accused persons beyond reasonable doubt. It is for the prosecution to prove that
actually demand for additional dowry was made, deceased was harassed and tortured and on that
score she was murdered by appellant Gurumukh Singh.

27. The evidence where a married woman who was allegedly subjected to demand of
dowry and consequent harassment and torture is not like the other cases. About this offence the
only evidence to establish what happened with the deceased is the facts communicated by her to
her parents and to some extent allegedly perceived by the parents themselves. On the point of
demand of dowry and consequent harassment and torture the evidence is of Kishan Pal Singh
(father) P.W.1, Mukesh P.W.2 and Asarfi Devi (mother) P.W.3. First and third PWs are parents of
the deceased and second one is her brother. All these three are family members in whom the
deceased had confidence, it was natural for her to communicate her woes. Evidence of these three
witnesses is of two kinds. First kind is that whenever they met the appellants, they were asked to
provide additional dowry and in their presence Padma was harassed and tortured The second kind
of evidence is that whatever threats, in this regard, were communicated by Padma to them. These
three witnesses are also relatives of the appellants by marriage. Had the marital life been peaceful
harmonious and cordial, these three witnesses would have been affectionate and proactive towards
appellant Gurumukh Singh.

28. While remembering these facts we have examined their testimonies and we find that all
the three witnesses are critical of the behaviour of Dr. Gurumukh Singh. Kishan Pal Singh P.W.1
has referred to the incident which occurred on 19th November, 1995 when he was asked to give Rs.
152 INDIAN LAW REPORTS ALLAHABAD SERIES

2 lacs for purchase of car. He has also referred the incident which occurred on 11th July, 1996
when they were called to Loni on false pretext. Padma complained to them that she was beaten by
her in-laws. She had shown them marks of injuries on her person. During cross examination
statement of Kishan Pal Singh P.W.1 on these two points not only remained intact but he was not
even suggested that on these two dates such incidents did not occur.

29. Mukesh Kumar Singh P.W.2 is the elder brother of the deceased. He has referred a
telephonic call from Dr. Gurumukh Singh asking him for money to purchase a car with the threat in
case the demand was not met he would torture and murder his sister. On this point he was not
subjected to any cross examination. He was not given even a suggestion that he was falsely
deposing.

30. Smt. Asarfi Devi P.W.3 has also given details how demands for dowry were made, how
Padma was tortured. During cross examination her testimony also remained unshaken.

31. These three persons had love and affection for Padma. For 7-8 years they treated Dr.
Gurumukh Singh as their near and dear one. Had his relations with Padma been cordial and Padma
had been decently treated by Gurumukh Singh, they would not have deposed against Dr.
Gurumukh Singh in such fashion. Their testimonies inspire confidence of the Court. Their
testimonies have ring of truth in them.

32. For the above reasons we are not accepting the argument advanced on behalf of Dr.
Gurumukh Singh that no demand for dowry was made by him. Relying on these testimonies we
hold that deceased and these witnesses were subjected to demand of dowry and when those
demands were not met, Padma was tortured and harassed and beaten by Dr. Gurumukh Singh. Here
we would like to clarify that on this point we have critically examined the testimonies of these three
witnesses but we did not find that other appellant Sanjay Singh was equally blamed by these
witnesses for making demand of dowry or torturing Padma.

33. In reference to Dr. Gurumukh Singh on this point we find that finding recorded by the
learned trial Judge are well substantiated from the record but in reference appellant Sanjay Singh
we find that learned trial Judge has erred in holding Sanjay Singh to be guilty of making demand
for dowry and torturing Padma. The only reason for this error appears to be that at the time of death
of Padma appellant Sanjay Singh was also living with Dr. Gurumukh Singh and the deceased. We
are clear in our minds that the prosecution has failed to adduce cogent evidence to show that
appellant Sanjay Singh made demand of dowry to Padma and consequently harassed and tortured
her.

34. Now the question remains whether death of Padma was suicidal or homicidal.
According to defence it was suicidal. According to prosecution it was homicidal.

35. At great length on this count we have been addressed by learned counsel for both the
parties. Various authorities have been referred before us. The learned trial Judge on the basis of
6 All. Dr. Gurumukh Singh Vs State Of U.P.

153
medical evidence has held the death of Padma to be homicidal and the appellant Gurumukh Singh
unable to give satisfactory explanation for her homicidal death. He being husband was found guilty
of committing murder of Padma.

36. It is the usual practice in criminal appeals first to examine the evidence of prosecution
so as to ascertain whether it could prove the charge against the accused persons successfully only
thereafter defence evidence is considered. Though here learned counsel for the appellant has
submitted before us the evidence of the defence and tried to persuade us that it was a case of
suicide but we think that the better course is that first evidence of prosecution should be examined
by us.

37. Main features of the deposition of Dr. R.R. Tyagi P.W.5 have already been noticed by
us. During cross examination nothing could be extracted which would cast doubt about his
impartiality, fairness and correctness of the deposition. He has in straightforward manner answered
the questions put to him by the defence. He has frankly admitted that except the legature mark he
did not find any other external mark of injury. He has also admitted that trachea was not found
fractured. Inspite of these two facts he was clear in his mind that facts observed by him during the
postmortem examination are correct. In favour of strangulation he has given two reasons that
ligature mark is continous and it is below the thyroid. This fact has been disputed by the learned
counsel for the appellant by saying that in the postmortem report seat of legature mark has been
noted at upper most part of the neck.

38. Here we are required to visit what various authorities say about gray area between ante
mortem strangulation and hanging.

39. Asphyxia is a generic name. It may be caused due to hanging, strangulation,
suffocation and drowning. Therefore, according to both versions death by asphyxia is not disputed
the only dispute is whether it was suicidal or it was homicidal. Generally hanging is considered to
be suicidal and strangulation is considered to be homicidal but we have to remember two things
that there are exceptions in both the cases and Dr. Gurumukh Singh is a medical man and he cannot
be taken to be a layman who is unaware to human body.

40. Three medical authorities have been cited before us; one of Cox, one of Dr. Parikh and
one of Dr. Modi.

41. In the treatise written by Cox, he had taken note of differences between hanging and
strangulation given at Table 3.2.1. The relevant table is reduced as under:

Table 3.2.1

 Difference between Hanging and Strangulation

Trait
Hanging
Ligature strangulation
154 INDIAN LAW REPORTS ALLAHABAD SERIES

42. Dr. Modi has also indicated differences indicating hanging and strangulation. These
differences are given below in tabulated form.

Hanging
Strangulation
1
Mostly suicidal.
Mostly homicidal.
2
Face-usually pale and petechiae
rare.
Face-Congested, livid and marked with petechiae.
1
Face
Pale and petechiae are not common It is livid, congested and
full of petechiae
2
Ligature mark
Oblique usually seen high up in the
neck above the thyroid cartilage and
incomplete
Transverse, completely
encircles the neck and
usually below the
thyroid cartilage
3
Base
Pale, hard and parchment like
Soft and reddish
4
Subcutaneous
Tissue
It is white, hard and glisterning
below the mark
Ecchymoses present
below the mark
5
Neck
Stretched and elongated
Not so
6
Hyoid Bone
Fracture is common
Fracture is rare
7
Thyroid Cartilage
Fracture is rare
Fracture is common
8
Tongue
Swelling and protrusion are not so
common
Are well marked
9
Salvia
Usually runs out of mouth
Absent
10
Bleeding
From the nose, mouth and the areas
are not so common
From the nose, mouth
and ears are common
11
Involuntary
discharge
Of the faeces and urine are not
common
Are commonly seen
12
Seminal Fluid
Usually seen at the
glans penis
Rarely seen
6 All. Dr. Gurumukh Singh Vs State Of U.P.

155
3
Saliva-Dribbling out of the
mouth down on the chin and
chest.
Saliva-No such dribbling.
4
Neck-Stretched and elongated
in fresh bodies.
Neck-Not so.
5
External signs of asphyxia,
usually not well marked.
External signs of asphyxia, very well marked (minimal if
death due to vasovagal and carotid sinus effect.
6
Bleeding from the nose, mouth
and ears very rare.
Bleeding from the nose, mouth and ears may be found.
7
Ligature mark Oblique,
noncontinuous placed high up
in the neck between the chin
and the larynx, the base of the
groove or furrow being hard,
yellow and parchmentlike.
Ligature mark horizontal or transverse continuous, round
the neck, low down in the neck below the thyroid, the base
of the groove or furrow being soft and reddish.
8
Abrasions and ecchymoses
round about the edges of the
ligature mark, rare.
Abrasions and ecchymoses round about the edges of the
ligature mark, common.
9
Subcutaneous tissues under the
mark-White, hard and
glistening.
Subcutaneous tissues under the mark-
Ecchymosed.
10
Injury to the muscles of the
neck-rare.
Injury to the muscles of the neck-Common.
11
Carotid arteries, internal coats
ruptured in violent cases of a
long drop.
Carotid arteries, internal coats ordinarily ruptured.
12
Fracture of the larynx and
trachea Very rare and that too in
judicial hanging.
Fracture of the larynx and tracea-Often found also hyoid
bone.
13
Fracture-dislocation of the
cervical vertebrae-Common in
judicial hanging.
Fracture-dislocation of the cervical vertebrae Rare.
14
Scratches, abrasions and bruises
on the face, neck and other parts
of the body Usually not present.
Scratches, abrasions fingernail marks and bruises on the
face, neck and other parts of the body-Usually present.
156 INDIAN LAW REPORTS ALLAHABAD SERIES

15
No evidence of sexual assault.
Sometimes evidence of sexual assault.
16
Emphysematous bullae on the
surface of the lungs-Not
present.
Emphysematous bullae on the surface of the lungs-May be
present.

43. Dr. Parikh in his celebrated book has discussed the difficulties in diagnosis on death
from hanging. According to him such diagnosis is easy where clasical features of hanging are
found but according to him all the features are seldom present together. He further says that some
times ligature mark may not be oblique. It may be circular. He further describes when ligature is
twice or thrice rolled around the neck ligature mark would be confusing. Dr. Parikh has also dealt
with the question; how to ascertain death had occurred due to strangulation. According to him
presence or absence of ligature mark is not determinative. According to him disscetion of neck
would reveal evidence of ante mortem violence on the underlying tissues. Dr. Parikh has also given
differences in case of hanging and strangulation in tabular form. These differences may be referred
as under:

 Violent Asphyxial Death

Hanging
Strangulation
1.
Suicidal usually
Homicidal usually
2.
No signs of struggle
Signs of struggle
3.
Ligature found in position, above thyroid
cartilage, mark incomplete, directed
obliquely upward with a gap indicating
position of the knot with no damage to the
skin in the gap
Ligature may not be with the body but when
found, usually completely encircles the neck
horizontally below thyroid cartilage. There
may be more than one turn of ligature and
there is always some damage to skin
underneath
4.
Abrasions and bruises around
ligature mark rare
Abrasions and bruises around ligature mark
common
5.
Dissection of ligature mark reveals a dry
and glistening white band of
subcutaneous tissue
Dissection of ligature mark
reveals
ecchymosed subcutaneous tissue
6.
Neck

usually
stretched
Neck not stretched
6 All. Dr. Gurumukh Singh Vs State Of U.P.

157
7.
Fracture of hyoid rare
Fracture of hyoid not rare in throttling cases
(in the aged)
8.
Fracture
of laryngeal cartilages and
tracheal rings rare
Fracture of laryngeal cartilages and tracheal
rings common
9.
Injury to carotid arteries in cases with a
long drop
Injury to carotid arteries common
10.
Injury to muscles of neck rare
Injury to muscles of neck common
11.
Fracture dislocation of cervical vertebrae
common in judicial hanging
Fracture dislocation of cervical vertebrae
rare
12.
Saliva running out of the angle of the
mouth vertic ally down along the neck and
front of chest and abdomen
Saliva may not have escaped from mouth
but if so, usually blood tinged and may not
be vertically down
13.
External signs of asphyxia may not be well
marked when death is due to any cause
other than asphyxia
External signs of asphyxia usually well
marked because of considerable violence
that is commonly
employed
14.
Face usually pale
Face congested and with pronounced
petechiae
15.
Bleeding from nose and mouth very rare
Bleeding from nose and mouth common

44.When we have considered all the three details given by the celebrated experts, we find it
most illuminating that violence to underlying tissues is a significant evidence to indicate that
asphyxia is a result of strangulation. In the present case Dr. R.R. Tyagi has categorically stated that
underlying muscles and fascia were ecchymosed. This shows that underlying tissues were subjected
to ante mortem violence which could only be a result of strangulation. Such violence is not possible
by the use of ligature chunni.

45. Before coming to any conclusion we would like to clarify that in the present case hyoid
bone was not fractured. This point has been brought to the attention of the Court by the learned
counsel for the appellant but in the case of Ponu Swamy Vs. State of Tamil Nadu 2008 CriLJ
2563 the Hon'ble Apex Court has observed that fracture of hyoid bone is not a must in all cases of
strangulation. For this reason we are unable to accept the argument advanced on behalf of the
appellant that absence of such fracture would tilt the balance in favour of the suicide.

46. Now remains the defence evidence. Much criticism of the impugned judgment is based
on non consideration of defence evidence. Consideration of defence evidence is a diffierent thing
158 INDIAN LAW REPORTS ALLAHABAD SERIES

and placing reliance on it is a different thing. From page 20 to 25 of the impugned judgment the
learned trial Judge has discussed the defence evidence in detail. He did not find it to be trustworthy.
Examination of Ext. Kha-2 reveals that it did not bear the name of the patient and date on which the
test was conducted. He found the prescription written by Indra Jeet Sharma to be sufficient to show
that Padma was certainly a patient of depression. The significant aspect noticed by him is that the
description was for only seven days. It was recorded for seven more days. Except that paper
nothing has been filed to show prior or later treatment of Padma for her depression. On careful
examination of these documents we find no reason to differ from the conclusion drawn by the
learned trial Judge. For this reason we are unable to accept the argument of the appellant
Gurumukh that defence evidence was not properly appreciated.

47. In view of above, we have no hesitation to hold that Padma had died due to asphyxia as
a result of strangulation whereas Dr. Gurumukh Singh has claimed that she had hanged herself.
Gurumukh Singh is the first person who saw her in a hanged condition. According to him house
was closed from the inside. If that was the position of the house, the murderer could not have made
exit from the house. This falsify the defence taken by the appellant before the police and the trial
court. His falsity of defence is also circumstance which persuades us to conclude that it is Dr.
Gurumukh Singh, the appellant who has murdered his wife Padma.

48. Motive has been established. Homicidal death has been established. Only opportunity
for Dr. Gurumukh Singh to access of the house is established. He is the first person who claims to
have seen her in a hanged condition. On these facts and circumstances the only inference can be
drawn that it is the appellant Gurumukh Singh who murdered his wife. Therefore, the evidence
appreciated by the trial court cannot be faulted upon.

49. In our opinion the charges against the present appellant stand proved beyond
reasonable doubt. Findings recorded by the learned trial Judge so far as appellant Gurumukh Singh
is concerned are well substantiated from the record. The appeal is devoid of merit. Accordingly
Appeal No. 4375 of 2006 is dismissed.

50. So far as appeal of Sanjay is concerned, in view of the discussion made hereinbefore
his appeal has substance and to this extent findings recorded in the impugned judgment are
erroneous and deserves to be set aside. Accordingly the appeal No. 4374 of 2006 is allowed.

51. Accordingly Appeal No. 4374 of 2006 is allowed. The conviction and sentences
awarded to the appellant Sanjay Singh are set aside. The impugned judgment and orders are
modified to this extent. Appellant Sanjay Singh is acquitted from the charges framed under section
498A IPC and section 3⁄4 Dowry Prohibition Act. He is on bail. He need not surrender. His personal
bond and surety bonds are cancelled. Sureties are discharged.

52. Dr. Gurumukh Singh is in jail. His conviction and sentences are affirmed. He shall
serve out his sentences in accordance to law.
6 All. Dara Singh & Anr. Vs State Of U.P.

159
53. Office is directed to communicate this order to the court concerned for compliance
forthwith and to send back the lower court record.
----------
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 17.06.2016

BEFORE

THE HON'BLE AMAR SINGH CHAUHAN, J.

Criminal Appeal No.- 4756 Of 2015
&
Connected With Other Cases

Dara Singh & Anr. ...Appellants
Versus
State Of U.P. ...Respondent

Counsel for the Appellants:
Dharmendra Singhal, Dinesh Kumar Yadav