JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Application of the term ‘soon before her death’ occurring in Section 304B of the Indian Penal Code (“IPC” for short) in the facts and circumstances of the present case is the question involved herein.

3. Asha Devi (the deceased) was married to the appellant. The date of their marriage, however, is in dispute viz. whether the same had taken place in the year 1983 or in the year 1987. Asha Devi was found dead on 8.12.1993 having suffered extensive burn injuries.

4. On or about 8.12.1993 at about 5.10 p.m., a First Information Report (“FIR” for short) was lodged against the appellant and his family members by Ajmer Singh (P.W.1.), brother of the deceased, inter alia alleging:

“I, Ajmer Singh s/o Ranbahadur Singh R/o Nigohi, P.S. Deeh Janpad Raebareli, my elder sister Asha Devi was married in 1987 with Suresh Kumar Singh s/o Manbodh Singh at village Budhwar, P.S. Deeh, Janpad Raebareli. After marriage my brother in law, his younger brother and sister Kusuma were harassing her and asking for dowry. My brother in law demanded Rs.5000/- at the time of marriage of his sister. This was told by my sister and gave the money. Thereafter demand for