IMPORTANT POINT
To come within purview of the term soon before death’ incidence of harassment must satisfy the proximity test.

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 more money, ring and chain was made, in this regard she was burnt year ago. I had got her treated and had asked her to live today on 8.12.1993 at about 12’O clock. One unknown person who is her neighbour came to my house and informed that your sister has been done to death and her dead body is lying and are preparing to cremate her. I reached the site and saw my sister who was lying burnt and dead. I believe that Suresh Singh, Zilajeet Singh S/o Manbodh Singh and their elder sister Kusuma D/o Manbodh Singh S/o Budhwar, P.S. Deeh, Distt. Raebareli have burnt and killed my sister. Therefore, you are requested to lodge report and prosecute.”

5. We may furthermore notice the injuries found by the Autopsy Surgeon in his post mortem examination on the body of the deceased, which are as under:

“I to III degree burn on front and back of skull, neck, front and side of whole chest with upper part of abdomen, let axilla and whole arm and back of shoulder and scapular region, with exholate and pus coming out from right elbow region. Total burn about 40%.

In the opinion of the doctor, the cause of death is shock as a result of ante mortem burn injuries.

6. The Investigating Officer filed a charge sheet. Cognizance was taken under Section 304B and Section 498A of the IPC.

The prosecution in support of its case examined four witnesses.

7. The contention raised on behalf of the appellant were: (1) that the death of the deceased occurred by way of an accident; (2) the marriage having taken place in the year 1983 that is not within a period of seven years from the date of her death, Sections 498A and 304B of the IPC were not applicable.

8. By reason of a judgment and order dated 30.4.1996, the learned trial judge while acquitting Smt. Kusuma Devi and Zila Jeet Singh convicted the appellant under Section 304B and 498A of the IPC and sentenced him to undergo rigorous imprisonment for seven years for the offence under Section 304B IPC and to undergo three years rigorous imprisonment and a fine of Rs.2000/- for the offence under Section 498A IPC inter alia holding:

(i) The marriage had taken place in the year 1987.

(ii) The prosecution has not been able to prove demand of dowry from the family members of the deceased.

(iii) Appellant had made an attempt to cause burn injuries to her one year prior to the date of occurrence.

9. An appeal preferred thereagainst by the appellant has been dismissed by reason of the impugned judgment.

10. Mr. Naveen Kumar Singh, learned counsel appearing on behalf of the appellant inter alia would submit:

(i) that the trial court and consequently the High Court committed a serious error in passing the impugned judgments insofar as they failed to take into consideration that sufficient evidence had been brought on record to show that marriag