AI Overview...
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Strangulation as Cause of Death - Multiple cases confirm that death was caused by strangulation, supported by forensic and post-mortem evidence indicating asphyxiation due to ligature or manual strangulation. For example, in B V JOY SANKER,P B SUNEER,P VISHNU (PAZHANGANAT vs STATE OF KERALA - Kerala, the court upheld conviction based on forensic evidence of strangulation; similarly, DINESH @ GUDDU GOPIRAM SAKHVAR VS STATE OF GUJARAT - Gujarat and SURESH S/O.KRISHNAN,C.NO.2088,C.P,KANNUR Vs STATE OF KERALA - Kerala found injuries and cause of death consistent with strangulation.
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Forensic and Medical Evidence - Post-mortem reports frequently cite injuries such as ligature marks, asphyxiation signs, and burn marks indicating strangulation as the cause of death. In Abed Ali Jamadar VS State - Crimes, medical evidence pointed to death by asphyxia from strangulation, while Singam Ramakrishna VS State of Andhra Pradesh, Represented by Public Prosecutor - Andhra Pradesh emphasized the importance of post-mortem findings in establishing strangulation.
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Legal Findings and Convictions - Courts have consistently recognized strangulation as sufficient evidence for homicide convictions, even in the absence of fractures in the hyoid bone (Afghan Sha Alikhan, Kadapa Anr VS State Of Andhra Pradesh - Andhra Pradesh) or external marks (Bokan Singh, Joga Singh @ Jago Singh, Surendra Singh @ Suren Singh and Achutanand Singh @ Achhita Singh VS State Of Bihar - Patna). The guilt of accused persons was established beyond reasonable doubt based on circumstantial, forensic, and medical evidence.
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Judicial Approach - Courts have upheld convictions when forensic evidence clearly indicated strangulation, emphasizing the importance of post-mortem findings, medical reports, and circumstantial evidence (B V JOY SANKER,P B SUNEER,P VISHNU (PAZHANGANAT vs STATE OF KERALA - Kerala, MADAN LAL VS STATE OF RAJASTHAN - Rajasthan, DINESH @ GUDDU GOPIRAM SAKHVAR VS STATE OF GUJARAT - Gujarat, SURESH S/O.KRISHNAN,C.NO.2088,C.P,KANNUR Vs STATE OF KERALA - Kerala, State of U. P. VS Sitaram Singh - Allahabad, Afghan Sha Alikhan, Kadapa Anr VS State Of Andhra Pradesh - Andhra Pradesh, NAGENDRA K vs STATE BY - Karnataka).
Analysis and Conclusion:
The consensus across the sources underscores that death by strangulation is a well-established cause of homicidal death, with courts relying heavily on forensic and medical evidence to confirm such cases. Convictions are upheld when evidence, including injuries, post-mortem findings, and circumstantial factors, collectively point to strangulation as the cause of death, even in the absence of specific external marks like fractures or ligature impressions.
Search Results for "Judgement on Strengulation"
2019 Supreme(Online)(KER) 27373 • India - High Court of Kerala
A.M.SHAFFIQUE, ASHOK MENON, JJ
Fact of the Case: The accused was convicted for murdering Sukumari Amma by strangulation and subsequently robbing her ... Finding of the Court: The court upheld the conviction based on strong circumstantial evidence, including forensic evidence of strangulation ... Therefore, we can easily infer that strangulation had been committed by another person and ligature used for strangulation was taken ... The said j....
1995 0 Supreme(Raj) 230 • India - Rajasthan
V.S.KOKJE, V.G.PALSHIKAR
Indian Penal Code, 1860 - Section 302 Death of wife of appellant by strangulation ... Manohar proves that the death was caused due. to strangulation and thus, it was a case of homicidal death. P. ... It was submitted by her that the judgment of the learned Addi. ... Judgment ... ... V. G. PALSHIKAR, J.
2024 0 Supreme(Guj) 1962 • India - Gujarat
ILESH J. VORA, S. V. PINTO
(Paras 2.1, 2.3) Findings of Court: The trial court's judgement was found to be flawed ... The injuries were antemortem in nature and the cause of death was asphyxiation due to strangulation. ... his brother Veeru and Dinesh came to his place and informed them that Rachna was no more and they all came to the room and found strangulation ... JUDGMENT : S.V. PINTO, J. 1.
2009 Supreme(Online)(KER) 24331 • India - Kerala
The cause of death, according to the said witness, was due to strangulation. ... CRL.APPEAL.NO.1705/2005 =========================== JUDGMENT ... He gave Crl.A.No.1705/2005 3 opinion that it was a case of homicide and Smt.Beena died of ligature strangulation and applying force
2007 0 Supreme(All) 3002 • India - Allahabad
R.C.DEEPAK, B.A.ZAIDI
Issues: The main issues were whether the death was due to suicide or strangulation, and whether there was evidence of demand ... the lady's death, the evidence of demand for dowry, and the medical evidence to determine whether the death was due to suicide or strangulation ... Judgement ... B. A. ... The judgment and Order dated 20-8-2002, was passed by Addl. ... In this case, the doctor has reported that the injuries had ....
• India - Crimes
J.N.HORE, SANKAR BHATTACHARYYA
protruded and small round burn marks on different parts of the body - Medical report stating death due to asphyxia as a result of strangulation ... JUDGMENT Sankar Bhattacharyya, J ... . - The subject-matter of challenge in this appeal is the Judgment and order dated 30- 11-83 passed by a learned Additional Sessions ... villagers came there and on interrogation, the appellant the confessed before them that he had committed the murder of his....
2020 0 Supreme(AP) 349 • India - Andhra Pradesh
M.SATYANARAYANA MURTHY, B.KRISHNA MOHAN
circumstantial, established the accused's guilt beyond a reasonable doubt, with the absence of fractures in hyoid bone not negating strangulation ... JUDGMENT B.Krishna Mohan, J. - This Criminal Appeal is filed under ... It is the sacrosanct duty of the appellate court, while sitting in appeal against the judgment of the trial Judge, to be satisfied ... opportunity to both the parties, i.e accused and the respondent, unless the Court finds ....
2014 0 Supreme(AP) 705 • India - Andhra Pradesh
G.CHANDRAIAH, M.S.K.JAISWAL
The post-mortem of the corpus in the case based on strangulation is very important piece of evidence. ... Judgment ... G. Chandraiah, J. ... 1. ... For the above reasons, we hold that the impugned judgment is not sustainable and the same is accordingly set aside.
2008 0 Supreme(Pat) 808 • India - Patna
SAMARENDRA PRATAP SINGH, S.K.KATRIAR
Code, 1860-Sections 302 and 201-Murder and throwing the dead body in the river-Husband charged for murdering his wife-No mark of strangulation ... Judgment ... Sudhir Kumar Katriar and Samarendra Pratap Singh JJ. ... It is manifest from a plain reading of the post-mortem report as well as the deposition of P.W.8 that there were no mark of strangulation ... All the four appellants have jointly come up in this appeal against the jud....
2024 Supreme(Online)(Kar) 39547 • India - Karnataka High Court
MR JUSTICE SREENIVAS HARISH KUMAR, MS JUSTICE J.M.KHAZI, JJ
(Paras 1-49) ... ... Result: Appeal dismissed; trial Court's judgment confirmed. ... evidence presented was sufficient to establish the guilt of the accused beyond reasonable doubt, thus affirming the trial Court's judgment ... JUDGEMENT Aggrieved by his conviction and sentence for the offences punishable under Sections 302, 201 and ... We find no justifiable grounds to interfere with the well reasoned judgment and order....
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