The central legal point established in the judgment is the interpretation of 'soon before her death' in the context of dowry-related offenses, emphasizing the need to establish a perceptible nexus between cruelty or harassment and the woman's death.

JUDGMENT

Jaspal Singh, J. - Challenge in the instant appeal is to judgment of conviction and order of sentence dated July 30, 2012 passed by the Sessions Judge, Rupnagar, whereby appellant has been convicted under Section 304-B IPC, in case FIR No.61 dated May 14, 2011 registered at Police Station, Nangal and sentenced to undergo RI for 10 years alongwith fine to the tune of Rs. 20,000/-, and in default of payment of fine, to further undergo RI for 3 months.

2. As per the prosecution story, appellant Rakesh Kumar was married to Seema daughter of Brahmi Devi on December 08, 2010. There was a demand of motor cycle from the side of Rakesh Kumar. He was also alleged to have given beatings on the person of Seema in presence of her parents and two other persons. On May 14, 2011, a telephone message was received in the house of Brahmi Devi to the effect that Seema has set herself ablaze and she is admitted in BBMB Hospital, Nangal, wherefrom, she was referred to PGI, Chandigarh. When Brahmi Devi and her family were on the way to PGI, Chandigarh, they again received a telephonic message that Seema has died. FIR was registered. Appellant was arrested.

3. Matter being exclusively tried by the Court of Sessions, it was committed to the Sessions Court vide order dated September 23, 2011. After completion of investigation, challan against the accused was presented in the court. Finding prima facie case, appellant was chargesheeted under Sections 302, 304-B, 498-A IPC, to which, he pleaded not guilty and claimed trial.

4. Prosecution examined as many as 11 witnesses before closing its evidence. Incriminating circumstances appearing in evidence were put to accused in his statement recorded under Section 313 Cr.P.C., 1973 which were denied by him. Appellant took a specific plea that he has not set Seema on fire. Actually, he is illiterate and is working as a labourer but his wife Seema was educated and due to this reason, she used to dislike him. Seema was much close to Prem Kumar (Jija), husband of her sister. She used to like her Jija and hate him. Appellant - accused examined Jarnail Singh, Sarpach of his village as DW-1 in defence evidence.

5. After hearing learned counsel for the parties and on appraisal of evidence, appellant - accused stood convicted & sentenced as detailed in first paragraph of this judgment vide judgment/order dated July 30, 2012 which has been challenged by him through the instant appeal.

6. Learned counsel for the appellant has vehemently contended that impugned judgment/order is not in consonance with the legal proposition and settled canons of law. Misreading of facts and evidence has resulted into miscarriage of justice. Prosecution has failed to lead convincing evidence to prove the charge framed against the appellant - accused. It was a simple marriage and no dowry was given at that time. Even after marriage, no demand of dowry or motor-cycle was made by appellant. Appellant - accused has been falsely implicated in the case. As such, impugned judgment/order is liable to be set aside.

7. Per contra, learned counsel for the State that prosecution has successfully proved its case beyond all reasonable doubts. Guilt of appellant - accused has been established before the trial court and he has been rightly convicted & sentenced. There is no fault with the impugned judgment/order and same is liable to be upheld.

8. This Court has given an anxious thought to the rival submissions made by learned counsel for the parties and scanned the record available but does not find any legal substance in the submissions made by learned counsel for the appellant.

9. For proper adjudication of the controversy in this case, it would be appropriate to note the relevant provisions of Section 304-B IPC and Section 113-B of the Evidence Act, 1872 (for short, `Act'):-

"304-B Dowry Death :- (1) Where the death of a woman is caused by any burns of bodily injury or occurs otherwise than under normal circumstances within seven years of her ma