Honble SHARMA, J.–Three appellants Batool (mother-in-law) Fakruddin (husband) and Sanno (sister-in-law) were indicted before the learned Special Judge Women Attrocities and Dowry Cases cum Additional Sessions Judge, Jaipur in Session Case No. 112/1997 for the offences of cruelty and dowry death of bride Razia. They were found guilty, convicted and sentenced vide judgment dated August 28, 1997 under Sections 304-B, 498-A, and 120-B of the Indian Penal Code as under -

1. Batool U/s. 304-B IPC To suffer imprisonment for life and fine of Rs. 1000/- and in default of payment of fine to further sentence of 6 months R.I.

2. Fakruddin u/S. 498-A IPC To suffer 3 years RI and fine of Rs. 500 in default to further suffer 3 months RI.

3. Sanno u/S. 304-B IPC read with 120-B IPC u/S. 498-A IPC To suffer imprisonment for life and fine of Rs. 1000/- and in default of payment of fine to further sentence of 6 months R.I.To suffer 3 years RI and fine of Rs. 500 in default to further suffer 3 months RI.

All the sentences were ordered to run concurrently.

(2). The prosecution case as pictured during trial is based n a written report lodged by Abdul Mazid around 7.30 a.m. on May 24, 1993 with the SHO Police Station Nimadi, Jaipur on the basis of which crime No. 119/93 under Sections 498-A, 307 IPC was registered. It was interalia stated by the informant in the report that his daughter Razia (now deceased) who married to Fakruddin some two and half years ago, used to be harassed by the appellants in not meeting their demand of scooter, fridge and cooler. Around 11.30 p.m. in the preceding night when Razia along with her children was in her room the appellants poured kerosene on her and by igniting match stick set her ablaze as a result of which Razia sustained severe burn injuries and was admitted to the Hospital. The Judicial Magistrate recorded dying declaration of Razia at 5.40 a.m. after Dr. Manoj Bansal certified that she was in a fit condition to give statement. Razia died in the hospital and case was converted under Section 304-B IPC. Autopsy on the dead body of Razia was conducted. Inquest report was drawn and appellants were arrested. Tin of kerosine got recovered at the instance of appellant Fakruddin whereas recovery of Match-box was effected at the instance of Batool. Recovered articles were sent to FSL. On completion of the investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge, Women Attrocities and Dowry Cases cum Additional Sessions Judge, Jaipur. Charges under Sections 120-B, 304-B IPC and 498-A IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution examined as many as 26 witnesses in support of its case. In their explanation under Section 313 Cr.P.C. the appellants claimed innocence and pleaded that they have been falsely implicated in the case. On hearing the final submissions, the learned trial Judge convicted and sentenced the appellants as indicated hereinabove.

(3). The primary requirements for finding the appellants guilty of the offence under section 304-B IPC are that death of the deceased was caused by burns within seven years of her marriage and that ``soon before her death she was subjected to cruelty or harassment by the appellants for or in connection with the demand for dowry.

(4). From the statements of Abdul Mazid (PW.11) and Bismilla Khatoon (PW.14) it is evident that marriage of deceased Razia had taken place about two and half years before the date of incident. Dr. Yogendra Sharma (PW.19) who conducted autopsy on the dead body of Razia testified that the death was caused by burns on May 24, 1993. Thus it is established that the death of Razia took place within seven years of her marriage by burns.

(5). At this juncture we deem it appropriate to consider the provisions contained in Section 113-B of the Evidence Act, which provides thus-

``113-B. Presumption as to dowry death- When the question is whether a person has com

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