The Allahabad High Court has granted bail to the father-in-law and mother-in-law of a woman who died after jumping into a river, observing that dry drowning can occur even when no water is found in the lungs. Justice Arun Kumar Singh Deshwal noted that the applicants were implicated on general allegations and that CCTV footage showed the deceased jumping into the river.
The Court sought assistance from a forensic medicine expert after the post-mortem attributed the cause of death to smothering because no water was found in the lungs. Examining medical literature, the Court held that in cases of dry drowning, water may not enter the lungs and death can nevertheless result from asphyxia.
The Court explained that dry drowning involves sustained laryngeal spasm triggered by water entering the nasopharynx or larynx, resulting in asphyxia despite little or no water entering the lungs. It held that where organs show congestion due to asphyxia and there is evidence that the body was removed from a river, the circumstances could indicate dry drowning.
The Court also criticised the post-mortem doctors for appearing to be unaware of dry drowning and noted that this was not the first case in which an incorrect medical opinion had allegedly been given. It referred to its earlier direction to the Uttar Pradesh Health Department to conduct skill-upgradation workshops for doctors involved in conducting post-mortems.
The Court further noted that two police personnel who had witnessed the incident failed to appear for recording their statements despite being asked to do so by the investigating officer. It observed that the incorrect medical opinion, faulty investigation and non-cooperation of the police personnel had contributed to the delay in deciding the bail applications.
While granting bail, the Court took into account the CCTV footage, the applicants’ relationship with the deceased, the general nature of allegations against them, the evidence on record, overcrowded jails and the pendency of criminal cases. It clarified that these observations were made without expressing any opinion on the merits of the case.
The Court also directed departmental inquiries against the two police personnel for their alleged negligence and non-cooperation during the investigation, directing the authorities concerned to take appropriate action in accordance with law.
