KUNHIABDULLA AND ANR. versus STATE OF KERALA

Citation: [2004] 2 S.C.R. 853 · Decided: 09-03-2004 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Disposed off

Judgment (excerpt)

I 
KUNHIABDULLA AND ANR. 
A 
v. 
ST A TE OF KERALA 
MARCH 9, 2004 
[Y.K. SABHARWAL AND ARIJIT PASAYAT, JJ.] 
B 
Penal Code, 1860-Section 304B-Evidence Act, 1872-Section 11 JB-
Dowry death-Deceased committing suicide by jumping into a i1'C!l due to 
dowry harassment-Plea of the accused that the deceased slipped and C 
accidentally fell into the well-Trial Court acquitted the accused-High Court 
reversed and convicted the accused-Correctness of-Held, on facts and 
evidences, the deceased was subjected to mental and physical harassment 
soon before her death-Hence conviction upheld. 
Deceased was subjected to mental and physical harassment by D 
appellant husband for not bringing sufficient dowry. The deceased 
committed suicide by jumping into a well. The trial court found that the 
prosecution has, failed to establish the accusations against both the accused 
and directed their acquittal. The High Court, in appeal by the State, found 
that the evidence of PWs 6 and 15 clearly established the commission of 
offence by the appellants and convicted the appellants under Sections 304B E 
read with Section 34 IPC. 
In appeal before the Court, the appellants contended that the dowry 
amount received by the appellants was deposited in the bank account of 
the deceased and hence there was no alleged greed for money; that the 
amount was withdrawn by the deceased and given it to somebody; that F 
the evidence of PWs 6 and 15 witnessing the alleged occurrence is not true; 
that the deceased slipped and accidentally fell into the well as it was not 
covered on the sides; and that the evidence of prosecution does not prove 
the demand of dowry by appellant no. 2. 
The respondent State contended that the plea of the appellants that 
the deceased slipped and accidentally fell into the well was rejected by the 
trial court and the High Court; and that there is clear evidence of PWs 3 
and 4 about the harassment meted out to the deceased for non-payment 
of dowry. 
853 
G 
H 
854 
SUPREME COURT REPORTS 
[2004] 2 S.C.R. 
A 
Disposing of the appeal, the Court 
HELD: 1.1. A conjoint reading of Section 113B of the Evidence Act 
and Section 304B IPC shows that there must be material to show that soon 
before her death the victim was subjected to cruelty or harassment. 
Prosecution has to rule out the possibility of a natural or accidental death 
B so as to bring it within the purview of 'death occurring otherwise than in 
normal circumstances'. The expression 'soon before' is very relevant 
wltere Section l 13B of the Evidence Act and Section 304B IPC are pressed 
into service. Prosecution is obliged to show that soon before the occurrence 
there was cruelty or harassment and only in that case presumption 
C operates. Evidence in that regard has to be led by prosecution. 'Soon 
before' is a relative term and it would depend upon circumstances of each 
case and no strait-jacket formula can be laid down as to what would 
constitute a period of soon before the occurrence. It would be hazardous 
to indicate any fixed period, and that brings in the importance of a 
proximity test both for the proof of an offence of dowry death as well as 
D for raising a presumption under Section 113B of the Evidence Act. The 
expression 'soon before her death' used in the substantive Section 304B 
IPC and Section 113B of the Evidence Act is present with the idea of 
proximity test. No definite period has been indicated and·the expression 
'soon before' is not defined. A reference to expression 'soon before' used 
E in Section 114, Illustration (a) of the Evidence Act is relevant. The 
determination of the period which can come within the term 'soon before' 
is left to be determined by the Courts, depending upon facts and 
circumstances of each case. Suffice, however , to indicate that the 
expression 'soon before' would normally imply that the interval .should 
not be much between the concerned cruelty or harassment and the death 
F in question. There must be existence of a proximate and live-link between 
the effect of cruelty based on dowry demand and the concerned death. If 
alleged incident of cruelty is remote in time and has become stale enough 
not to disturb mental equilibrium of the woman concerned, it would be 
of no consequence. [858-H; 859-A-F) 
G · 
1.2. Considering the factual scenario described by PW 3, PW4, PW8 
and PW 12 in the background of legal principles the inevitable conclusion 
is that accusations have been clearly established so far as

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