Allahabad High Court Directs UP Govt To Ensure That Status Of Hyoid Bone Is Reflected In All Post Mortem Forms

The Allahabad High Court has directed the Principal Secretary, (Health & Family Welfare) Department of Health & Family Welfare, Government of Uttar Pradesh, to ensure that in all post mortem forms/proforma taken out by the competent authorities, the status/column of the hyoid bone shall be specifically reflected.

The Bench of Justice Ajay Bhanot ordered thus as it took into account an affidavit of the Chief Medical Officer, Etawah stating that post mortem forms/proforma taken out do not depict the status/column depicting the state of the hyoid bone.

In view of this, the Court ordered that the same be corrected in the future as the Court noted that in a number of cases, it had found that the post mortem forms/proforma does not depict the status of the hyoid bone, which is essential in many medico cases.

The Court issued this direction while allowing a bail plea filed by one Mahadevi, who had been booked under Sections 498-A,304B IPC, and Section 3/4 Dowry Prohibition Act in connection with the death of her daughter in law.

It may be noted that the hyoid bone is a U-shaped bone, which is situated at the root of the tongue in the front of the neck and between the lower jaw and the largest cartilage of the larynx, or voice box.

For ready reference, readers can find the position of the hyoid bone in the human body in the image attached below

The hyoid bone fracture is commonly associated with strangulation and it rarely occurs in isolation. Last year, the Allahabad High Court has observed that as per medical jurisprudence, the fracture of the hyoid bone is found only in the cases of strangulation and not in the case of suicide.

The HC had observed thus while dismissing an appeal filed by a Murder convict who had killed his own wife by strangulation inside the privacy of the house (in the bedroom) where the deceased/wife was present along with the appellant/husband.

Having perused the post-mortem report of the deceased, the Bench of Justice Pritinker Diwaker and Justice Manju Rani Chauhan had noted that it was clearly indicated in the report that it was not a suicide case, but a case of murder.

Case title - Mahadevi v. State of U.P

Case Citation: 2022 LiveLaw (All) 169

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