The central legal point established in the judgment is the interpretation of 'soon before her death' in relation to the offence under Sec.304-B IPC and the application of a proximity test to establish the timing of cruelty or harassment in connection with demand for dowry articles.

1. The appellants impugn the validity of their conviction at the hands of trial Judge on a charge under Sec.304-B/34 IPC, vide judgment dated 5-3-2003. Vide separate order dated 6-3-2003, they were sentenced to undergo rigorous imprisonment for seven years each and to pay a fine of Rs.2,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for two months each. However, accused Balwinder Singh was given the benefit of doubt and was acquitted.

2. The necessary facts as adumbrated in the impugned judgment are that Chuni Lal, father of Paramjit Kaur, deceased reported to the police of Police Station Dhariwal on 15-3-1999 that his daughter Paramjit Kaur was married with accused Rajinder Pal about one and half year prior to 15-3-1999. About two months prior to the incident, a female child was born to Paramjit Kaur at his house because Rajinder Pal, his son-in-law has already left Paramjit Kaur in her parental house. Thereafter Rajinder Pal took his wife paramjit Kaur to his village. On 14-3-1999, he received a telephonic message that paramjit Kaur had succumbed to fire injuries in her in-laws house. He reached village babri Nangal in a shocked state of mind and he told the police that his daughter got burnt by Stove flames. He made the statement on the information provided by the in-laws of deceased Paramjit Kaur who were present there. Later on, he came to know that all the accused used to harass Paramjit Kaur, deceased for bringing less dowry. The harassment and torture increased when she gave birth to a female child. The torture and harassment was severe to such an extent that deceased Paramjit Kaur, committed suicide.

3. On the basis of above statement of the complainant, a case under Sec.304-B read with Sec.34 IPC was registered against the accused.

4. Postmortem examination on the dead body was got conducted.

5. Investigation in the case was conducted.

6. After the completion of the investigation, challan was presented against the accused persons in the Court.

7. The accused were charge-sheeted accordingly to which they pleaded not guilty and claimed trial.

8. In order to substantiate its allegations against the accused, the prosecution examined PW-1 Chuni Lal, complainant, father of deceased Paramjit Kaur, PW-2 Ramesh kumar, cousin brother of deceased Paramjit kaur, PW-3 ASI Kirpal Singh who recorded the FIR, PW-4 Bachni Devi, mother of deceased, PW-5 Constable Avtar Singh who delivered special reports of this case to the higher authorities, PW-6 Dharam Chand, uncle of deceased Paramjit Kaur, PW-7 Jagir singh, Draftsman who prepared scaled site plan of the place of incident, PW-8 Vipan kumar, MHC, with whom the clothes of deceased along with her jewellery were deposited, PW-9 Babu Ram, uncle of deceased paramjit Kaur, PW-10 ASI Sharam Singh, who prepared inquest report of deceased and recorded the statements of witnesses in the proceedings under Sec.174 Cr. P. C, PW-11 Somi Masih, Chowkidar, PW-12, Dr. H. S. Dhillon, who conducted post-mortem examination on the dead body of Paramjit Kaur and PW-13 Gopal Singh, retired Inspector, who was then S. H. O. of Police Station dhariwal and the Investigating Officer of the case.

9. During the pendency of trial, accused rajinder Pal expired and as such proceedings against him abated.

10. The accused were examined under section 313 Cr. P. C. They denied the prosecution allegations against them.

11. In their defence, the accused examined DW-1 Resham Singh, Member panchayat of village Tibber.

12. As already noticed above, the accused / appellants were convicted and sentenced while accused Balwinder Kumar was acquitted.

13. Feeling aggrieved, the appellants have filed the instant appeal.

14. In this case, four accused were sent up to stand trial for an offence under Section 304-B/34 IPC. Rajender Pal, husband of the deceased expired during the course of trial and proceedings against him stood abated. Bal winder Kumar, minor brother of Rajinder pal wa