Case: Ponusamy Vs. State of Tamil Nadu

it unusual to find fractures of the hyoid bone in a person under the age of 40 years. As stated, even in older people in which ossification is incomplete, considerable violence may leave this bone intact. This view is confirmed by Green. He gives interesting figures : in 34 cases of manual strangulation the hyoid was fractured in 12 (35%) as compared with the classic paper of Gonzales who reported four fractures in 24 cases. The figures in strangulation by ligature show that the percentage of hyoid fractures was 13. Our own figures are similar to those of Green. 21. In Journal of Forensic Sciences Volume 41 under the Title - Fracture of the Hyoid Bone in Strangulation : Comparison of Fractured and Unfractured Hyoids from Victims of Strangulation, it is stated :- The hyoid is the U-shaped bone of the neck that is fractured in one-third of all homicides by strangulation. On this basis, postmortem detection of hyoid fracture is relevant to the diagnosis of strangulation. However, since many cases lack a hyoid fracture, the absence of this finding does not exclude strangulation as a cause of death. The reasons why some hyoids fracture and others do not may relate to the nature and magnitude of force applied to the neck, age of the victim, nature of the instrument (ligature or hands) used to strangle, and intrinsic anatomic features of the hyoid bone. We compared the case profiles and xeroradiographic appearance of the hyoids of 20 victims of homicidal strangulation with and without hyoid fracture (n = 10, each). The fractured hyoids occurred in older victims of strangulation (39 1 14 years) when compared to the victims with unfractured hyoids (30 1 10 years). The age-dependency of hyoid fracture correlated with the degree of ossification or fusion of the hyoid synchondroses. The hyoid was fused in older victims of strangulation (41 1 12 years) whereas the unfused hyoids were found in the younger victims (28 1 10 years). In addition, the hyoid bone was ossified or fused in 70% of all fractured hyoids, but, only 30% of the unfractured hyoids were fused. The shape of the hyoid bone was also found to differentiate fractured and unfractured hyoids. Fractured byoids were longer in the anterior-posterior plane and were more steeply sloping when compared with unfractured hyoids. These data indicate that hyoids of strangulation victims, with and without fracture, are distinguished by various indices of shape and rigidity. On this basis, it may be possible to explain why some victims of strangulation do not have fractured hyoid bones. 22. Mr. Rangaramanajam, however, relied upon Modis Medical Jurisprudence and Toxicology, Twenty-Third Edition at page 584 wherein a difference between hanging and strangulation has been stated. Our attention in this connection has been drawn to point No.12 which reads as under: - Hanging Strangulation Fracture of the larynx and trachea - Very rare and that too in judicial hanging. Fracture of the larynx and trachea - Often found also hyoid bone. 23. A bare perusal of the opinion of the learned Author by itself does not lead to the conclusion that fracture of hyoid bone, is a must in all the cases. 24. We must also take into consideration the fact that the dead-body was decomposed with maggots all over it. Other marks of strangulation which could have been found were not to be found in this case. The dead body was found after a few days. We are, therefore, of the opinion that medical evidence does not negate the prosecution case. 25. There cannot be any doubt that extra judicial confession is evidence of weaks nature as has been held in Kuldip Singh and another vs. State of Punjab : (2002) 6 SCC 757. However, it must also be noticed that therein, not only the confession made by the appellant was found to be unbelievable, even the recovery of the dead body, pursuant to the disclosure statement made, was also found to be so. There was no other evidence on record on the basis of which the conviction of the appellant could be sustained. In this case, however, not only an extra judicial confession was made by the appellant before PW-10, the same was also made before PW-11. The jewellery which had been put on by the deceased was produced by the appellant. Only upon the disclosure made by the appellant that the dead body had been thrown in the canal, a search was made and it was found. The dead body was also identified to be that of the deceased. 26. In Vinayak Shivajirao Pol vs. State of Maharashtra : (1998) 2 SCC 233 this Court opined:- 10. There is no ambiguity in the above statement. It shows that the appellant killed his wife. Both the Courts have found that the statement was made voluntarily by the appellant. The sequence of events shows that at the time when the appellant made a confession, neither he nor the military authorities had any knowledge of the recovery of the headless trunk of the appellants wife. The military authorities were in no way biased or inimical to the appellant. Nothing is brought out in the evidence in respect of the military officers which may indicate that they had a motive for attributing an untruthful statement to the appellant. The statement has been proved by one of the officers to whom it was made. The said officer has been examined as PW 32. A perusal of the evidence shows that the vague plea raised by the appellant that the statement was obtained from him on inducement and promise is not true. In such circumstances it is open to the Court to rest its conclusion on the basis of such statement and no corroboration is necessary. 27. We have been taken through the evidence of PW-10 and PW-18. We have no reason to differ with the findings of the learned trial Judge as also the High Court that the extra judicial confession was voluntary or truthful.

Court's decision (1 = petition accepted / positive for appellant, 0 = rejected / negative): 0

Reasoning from the judgment:
0[ds]11. The relationship of the appellant with that of the deceased is not in dispute. That they were married and immediately thereafter started living in the house of P-1 is also not denied or disputed. It further stands established that PW-2 is the husband of Rukmani, another daughter of PW-1. It has also not been disputed that the deceased was earlier married to Easwaran, PW-9. The prosecution has also brought on record a Deed of Gift dated 25th January, 1996 executed by the husband of PW-1 in favour of the deceased. There is also no serious dispute that the appellant did not maintain any relationship with the deceased for about a year. They were last seen together on 5th March, 1997, when they travelled together from the house of PW-118. We have to consider the factual background of the present case in the light of the relationship between the parties. If his wife was found missing, ordinarily, the husband would search for he. If she has died in an unnatural situation when she was in his company, he is expected to offer an explanation therefor. Lack of such explanation on the part of the appellant itself would be a circumstantial evidence against him24. We must also take into consideration the fact that the dead-body was decomposed with maggots all over it. Other marks of strangulation which could have been found were not to be found in this case. The dead body was found after a few days. We are, therefore, of the opinion that medical evidence does not negate the prosecution case25. There cannot be any doubt that extra judicial confession is evidence of weaks nature as has been held in Kuldip Singh and another vs. State of Punjab : (2002) 6 SCC 757. However, it must also be noticed that therein, not only the confession made by the appellant was found to be unbelievable, even the recovery of the dead body, pursuant to the disclosure statement made, was also found to be so. There was no other evidence on record on the basis of which the conviction of the appellant could be sustained. In this case, however, not only an extra judicial confession was made by the appellant before PW-10, the same was also made before PW-11. The jewellery which had been put on by the deceased was produced by the appellant. Only upon the disclosure made by the appellant that the dead body had been thrown in the canal, a search was made and it was found. The dead body was also identified to be that of the deceased27. We have been taken through the evidence of PW-10 and PW-18. We have no reason to differ with the findings of the learned trial Judge as also the High Court that the extra judicial confession was voluntary or truthful.