The central legal point established in the judgment is the interpretation and application of Section 304B of the Indian Penal Code, particularly the phrase 'soon before her death' and its significance in establishing a nexus between dowry-related harassment or cruelty and the death of the deceased.

B.N.P.Singh, J.

1. Though three persons of in-laws house including Saraswati Devi were put on trial on accusation oi causing dowry death of Sanju Kumari, the appellants alone suffered conviction under Sections 304B and 201 of the Indian Penal Code, said Saraswati Devi, mother-in-law, of the deceased having been acquitted of the charges on conclusion of trial by the trial court. The appellants pursuant to their conviction were sentenced to suffer rigorous imprisonment for a term of ten years each on the first count, and for the other count, they were sentenced to a term of two years rigorous imprisonment with a rider that both sentences shall run concurrently.

2. At this juncture it would be convenient to notice some salient features of the prosecution case. Sanju Kumari was wed ded to appellant Surya Kant Sharma sometimes in the year 1989. Though parents had made presentationto the in-laws befit-ting to their financial status at the time of marriage, demand of provision of television set, a two wheeler and also cash of Rs. 20,000/- was met at the time of inception of marriage. However, the parents were not possessed of sufficient means and had not been affluent to meet the provision of dowry asked by the in-laws. As in-laws were quite reluctant to take back Sanju Kumari to their house for failure of her parents to make provision of dowry to them, it was after much entreaties that second marriage of Sanju Kumari was performed on 26th October, 1992 when demands for provision of these articles were yet reiterated by the in-laws. This was not the end of episode, as when Rama Kant Chaudhry, brother-in-law of Sanju Kumari, the deceased, visited her house in village Lodipur on 17th November, 1993, demands were again reiterated before him for which Sanju was being tortured in in-laws house, and these disclosures were made to him by none else but the deceased Sanju herself. Allegedly, shortly after three days of visit of Ramakanf Choudhary to village Lodipur, tragic news of death of Sanju was received in her parents house in the morning of 20th November, 2003. The worried family members had rushed to village Lodipur when they came to know about Sanju having been poisoned to death by her in-laws. Wheel of law was put in motion by the brother of the deceased, shortly within few hours of receipt of tragic news of death of his sister. As usual investigation followed, in course of which the Police Officer had recorded statement of witnesses, visited place of occurrence and on conclusion of investigation, laid charge sheet before the court. The guilt of the appellants was sought to be established by the State with the aid of evidence of six number of witnesses who were family members of the parents house of the deceased, the Police Officer and also some other witnesses.

3. As usual, the defence of the appellants both before the court below and this court had been that of innocence and prosecution was resisted on premises, that as they did not spare ornaments of the deceased to the in-laws, without good excuse, the instant false case has been fastened against them. Grounds of ailment of Saraswati Devi was also highlighted at trial and the trial court, as has been noticed, while acquitting Saraswati Devi, recorded finding of guilt against the appellants and sentenced them in the manner stated above.

4. Since such tragic occurrence usually happens within four walls of the in-laws house, it is not always possible that others may be ocular witnesses to the incident. The victim having suffered onslaught in her house, this may not be known to others in the village, and in that backdrop, to judge culpability of the accused about sufferings and torture of the deceased, evidence and also attending circumstances would merit consideration. The witnesses-by whom guilt was sought to be established by the State happened to be Rama Kant Chaudhary, P.W. 1, Chandra Bhushan Chaudhary, P.W.2, Gautam Chaudhary, P.W.3, Malti Devi, P.W.4, Anita Devi, P.W.5