What does the phrase “soon before death” in section 304A implies?

 

What does the phrase “soon before death” in section 304A imply?

 FACTS 

In the case, the appellant (accused) was married to the deceased wife in 2007 and the wife went missing from the matrimonial home on April 2008. The complainant of the deceased alleged that there were demands for dowry by the appellants and suspected that his sister had been killed by the appellants. Based on the complaint, an investigation was carried out by the local police and the body of the woman was subsequently found in the Ganga River.

Since the death took place within six months of the marriage and there was an allegation of cruelty relating to the demand for dowry, a case was registered against the appellants (husband, mother-in-law and brother-in-law) for offences under Sections 304B (dowry death), 498A (husband or relative of husband of a woman subjecting her to cruelty) and 120B (criminal conspiracy) of IPC.

The trial court acquitted the appellants but the same was overturned by the Uttarakhand High Court on appeal. This led to the present appeal before the Supreme Court. 

 WHAT DID THE COURT SAY? 

The top Court first laid down that to prove a case under Section 304A of the Indian Penal Code, the following ingredients have to be established -

• That soon before the death, the deceased was subjected to cruelty and harassment in connection with the demand for dowry;

• The death of the deceased was caused by any burn or bodily injury or some other circumstance which was not normal;

• Such a death has occurred within 7 years from the date of her marriage;

• That the victim was subjected to cruelty or harassment by her husband or any relative of her husband;

• Such cruelty or harassment should be for, or in connection with the demand of dowry; and 

• It should be established that such cruelty and harassment were made soon before her death."

The Court said that Section 304B IPC when read along with Section 113B of the Indian Evidence Act clarifies, that if the prosecution is successful in showing that a woman was subjected to cruelty or harassment for or in connection with any demand for dowry shortly after her death, a presumption shall be drawn against the said persons that they have caused dowry death as contemplated under Section 304B IPC. 

However, the accused can rebut the presumption under Section 113A of the Evidence Act, if he proves that the ingredients of Section 304B of the Indian Penal Code are not met.

The Court also noted that the phrase 'soon before death' in Section 304B, has to be interpreted to mean proximate and to be linked with death but not to be understood to mean immediately prior to the death.