RAMAN KUMAR versus STATE OF PUNJAB

Citation: [2009] 6 S.C.R. 933 · Decided: 24-04-2009 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Appeal(s) allowed

Judgment (excerpt)

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[2009] 6 S.C.R. 933 
RAMAN KUMAR 
v. 
STATE OF PUNJAB 
(Criminal Appeal No. 828 of 2009) 
APRIL 24, 2009 
[DR. ARIJIT PASAYAT AND ASOK KUMAR 
GANGULY, JJ.] 
Penal Code, 1860: 
ss. 3048 and 498A - Dowry death - Conviction of 
husband by High Court - Justification of - Held: Judgment 
of High Court sketchy and devoid of reasons - Prosecution 
failed to establish accusations as regards the husband -
A 
B 
c 
Hence, order of High Court set aside. 
D 
s. 3048 - Dowry death - Essential ingredients of offence 
- Discussed. 
s. 3048 - Essential ingredients to raise presumption u/s. 
1138 Evidence Act, 1872. 
E 
Words and phrases 'Soon before' - Meaning of - In the 
context of s. 304 B /PC ands. 113-8 of the Evidence Act, 
1872. 
In this appeal, order of High Court convicting the 
appellant-husband for commission of offences 
. punishable u/ss. 304 B and 498 A is under challenge. 
Allowing the appeal, the Court 
HELD: 1.1. S. 304-B IPC has application when death 
of a woman is caused by any burns or bodily injury or 
occurs otherwise than under normal circumstances 
within seven years of her marriage and it is shown that 
933 
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934 
SUPREME COURT REPORTS (2009] 6 S.C.R. 
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A soon before her death she was subjected to cruelty or 
... 
harassment by her husband or any relatives of her 
husband for, or in connection with any demand for 
dowry. In order to attract application of Section 304-8 IPC, 
the essential ingredients are (i) The death of a woman 
B should be caused by burns er bodily injury or otherwise 
than under a normal circumstance; (ii) Such a death 
should have occurred within seven years of her 
marriage; (iii) She must have been subjected to crue.lty 
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or harassment by her husband or any relative of her 
c husband; (iv) Such cruelty or harassment should be for 
or in connection with demand of dowry; (v) Such cruelty 
or harassment is shown to have been meted out to the 
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woman soon before her death. [Para 13] [945-E-H; 946-
A-8] 
D 
1.2. As per the definition of "dowry death" in Section 
304-8 IPC and the wording in the presumptive Section 
... 
113-B of the Evidence Act, one of the essential 
ingredients, amongst others, in both the provisions is that 
the woman concerned must have been "soon before her 
E death" subjected to cruelty or harassment "for or in 
connection with the demand for dowry". Presumption 
under Section 113-8 is a presumption of law. On proof 
of the essentials mentioned therein, it becomes 
obligatory on the court to raise a presumption that the 
F accused caused the dowry death. The presumption shall 
be raised only on proof of the following essentials: (1) 
The question before the court must be whether the 
accused has committed the dowry death of a woman. 
(This means that the presumption can be raised only if 
G the accused is being tried for the offence under Section 
304-B IPC.); (2) The woman was subjected to cruelty or 
" 
harassment by her husband or his relatives; (3) Such 
cruelty or harassment was for, or in connection w!th any 
demand for dowry. (4) Such cruelty or harassment was 
H soon before her death. [Para 15) [946-G-H; 947-A-E] 
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RAMAN KUMAR v. STATE OF PUNJAB 
935 
1.3. A conjoint reading of Section 113-8 of the A 
Evidence Act and Section 304-8 IPC shows that there 
must be material to show that soon before her death the 
victim was subjected to cruelty or harassment. The 
prosecution has to rule out the possibility of a natural or 
accidental death so as to bring it within the purview of B 
the "death occurring otherwise than in normal 
circumstances". The expression "soon before" is very 
relevant where Section 113-8 of the Evidence Act and 
Section 304-8 IPC are pressed into service. The 
prosecution is obliged to show that soon before the c 
occurrence there was cruelty or harassment and only in 
that case presumption operates. Evidence in that regard 
has to be led in. by the prosecution. "Soon before" is a 
relative term and it would depend upon the 
circumstances of each case and no straitjacket formula 0 
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 for raising a 
presumption under Section 113-8 of the Evidence Act. 
E 
The expression "soon before her death" used in the 
substantive Section 304-8 IPC and Section 113-8 of the 
Evidence 

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