Holding

The appellant cannot be convicted under Section 3048 IPC as the death was not within seven years of marriage and no cruelty "soon before" death was proved; the conviction under Section 498A IPC stands.

Summary

The appellant, Suresh Kumar Singh, was convicted under IPC Sections 3048 (dowry death) and 498A (cruelty) for the death of his wife Asha Devi, who died from burns on 8 December 1993. The marriage date was disputed (1983 or 1987), and the prosecution alleged dowry demands and a prior attempt to burn the victim a year earlier. The Supreme Court held that the death did not occur within seven years of marriage and that there was no evidence of cruelty or harassment inflicted "soon before" the death, failing the proximity test required for Section 3048 and the presumption under Evidence Act Sections 113A/1138. Consequently, the conviction under Section 3048 was set aside, while the conviction under Section 498A was upheld. The appeal was partially allowed.

Issues considered

The death occurred within seven years of marriage as required by Section 3048 IPC.
Whether cruelty or harassment was inflicted "soon before" the death to attract Section 3048 and the presumption under Section 1138 of the Evidence Act.
Whether the presumption under Sections 113A and 1138 can be raised given the dispute over the date of marriage.
Whether the conviction under Section 498A IPC is sustainable.

Legislation cited

Dowry Prohibition Act, 1961
Indian Evidence Act, 1872s. 1138, s. 113A
Indian Penal Code, 1860s. 3048, s. 498A

Subjects

dowry deathSection 3048 IPCSection 498A IPC"soon before death"proximity testpresumption under Section 1138marriage within seven yearscriminal appealevidencehearsay

Judgment

[2009]7 S.C.R. 1068

A SURESH KUMAR SINGH t-
V.
STATE OF U.P.
~
Criminal Appeal No. 939 of 2009
MAY 06, 2009
B
[S.8. SINHA AND DR. MUKUNDAKAM SHARMA, JJ.]
Penal Code, 1860- ss.3048 and 498A - Conviction by
courts below - On appeal, held: The death of woman did not
take place within 7 years of marriage - Nothing to show that
• .<
•
c cruelty was inflicted upon the deceased soon before death -
Presumption u/s. 113A or uls. 1138 cannot be raised -
Appellant cannot be held guilty uls. 3048 - However, he was
rightly convicted uls. 498A - Sentence imposed on that count
is maintained - Evidence Act, 1872 - S.113A, 1138.
D
The trial court convicted the appellant under Sections
3048 and 498A IPC for committing murder of his wife. High
Court upheld the order of conviction. '
In appeal to this Court, defence of appellant was that
E there was no evidence to show that the deceased was
subjected to. cruelty soon before her death.
Partly allowing the appeal, the Court
-
HELD: 1. One of the ingredients of Section 3048 IPC
F is marriage within a period of seven years preceding the
death. No such requirement finds place in Section 498A
thereof. From the evidence of brother of deceased, P.W.1,
it appears that he had talked of only one incident in
respect whereof his evidence was admissible in law, that
G is, when the deceased came back to her parental home
six months after 'Gauna' ceremony, she had informed him
~
that if he did not give a ring and a chain, the accused •
persons might kill her. It is also not in dispute that the
matter rested at that as he talked to the appellant in that
H 1068
SURESH KUMAR SINGH V. STATE OF U.P. 1069

behalf, whereafter he came and took her away. The matter A
was therefore settled. There was nothing to show that any
cruelty or harassment was meted out on that ground
thereafter. So far as the other incident disclosed by him is
concerned, it was one which he had heard from his wife
and other female members of the family. It was, thus, hearsay, B
as they were not examined. [Paras 16, 17] [1078-C-F]
2. In order to attract s.3048 IPC, it is imperative on
• ,1-
the part of the prosecution to establish that the cruelty or
harassment was meted out to the deceased 'soon before
her death'. There cannot be any doubt that it is a flexible c
term. Its application would depend upon the factual matrix
obtaining in a particular case. No fix period can be
indicated therefor. It, however, must undergo the test
known as 'proximity test'. What, however, is necessary
for the prosecution is to bring on record that the dowry D
demand was not too late and not too stale before the death
. of the victim. Some harassment which had taken place
.: one year prior to the death without something more, could
, not have been considered to be a cruelty which had been
inflicted soon before the death of the deceased. It does E
not satisfy the proximity test. As the death had not taken
place within a period of sev_en years and there is no
evidence that any cruelty has been inflicted upon the
"I deceased soon before her death neither the presumption
in terms of Section 1138 of the Evidence Act could have F
been drawn nor it could be concluded that the appellant
,
is guilty of commission of offence under Section 3048.
The appellant was rightly found guilty of commission of
· offence under Section 498A IPC. Sentence imposed on
him on that count is, therefore, maintained. [Paras 19, 21,
G
22, 23, 24] [1079-C-D; 1082-G-H; 1083-B-C]
,/ ~
Satvir Singh and Ors. v. State of Punjab and Anr. (2001)
8 SCC 633; Harjit Singh v. State of Punjab (2006) 1 SCC 463;
Thakkan Jha & .Ors. v. State of Bihar (2004) 13 SCC 348;
Baldev Singh v. State of Punjab (2008) 13 SCC 233; Kamesh H
1070 SUPREME COURT REPORTS [2009] 7 S.C.R.

A Panjiyar Alias Kamlesh Panjiyar v. State of Bihar (2005) 2 SCC
~
388; Ram Badan Sharma v. State of Bihar (2006) 10 SCC
115; Devi Lal v. State of Rajasthan 2007 (12) SCALE 265;
State of Rajasthan v. Jaggu Ram 2008 (1) SCALE 22 - relied
on.
B Case Law Reference
(2001) 8 sec 633 relied on Para 19
(2006) 1 sec 463 relied on Para 19 ~
-\
c (2004) 13 sec 348 relied on Para 19
(2008) 13 sec 233 relied on Para 19
(2005) 2 sec 388 relied on Para 19
(2006) 10 sec 115 relied on Para 19
D
2007 (12) SCALE 265 relied on Para 19
2008 (1) SCALE 22 relied on Para 19 •
CRIMINALAPPELLATE JURISDICTION: Criminal Appeal
No. 939 of 2009
E
From the Judgment and Order dated 05.03.2008 passed
by the High Court of Judicature at Allahabad, Lucknow Bench,
Lucknow in Criminal Appeal No. 186 of 1996
Naveen Kumar Singh, Prakash Jha, Rohit Aggarwal, lo>
F Vishal Arun, for the Appellant.
Pramod Swarup, Manoj Kumar Dwivedi, Gunnam
Venkateswara Rao, for the Respondent.
The Judgment of the Court was delivered by
G
S.B. SINHA, J.
!- ~

1. Leave granted.
2. Application of the term 'soon before her death' occurring
in Section 3048 of the Indian Penal Code ("IPC" for short) in the
H
SURESH KUMAR SINGH V. 1071
STATE OF U.P. [S.B. SINHA, J.]

facts and circumstances of the present case is the question A
involved herein.
3. Asha Devi (the deceased) was married to the appellant.
The date of their marriage, however, is in dispute viz. whether
the same had taken place in the year 1983 or in the year 1987.
Asha Devi was found dead on 8.12.1993 having suffered B
extensive burn injuries.

• ,-. 4. On or about 8.12.1993 at about 5.10 p.m., a First
Information Report ("FIR" for +9short) was lodged against the
appellant and his family members by Ajmer Singh (P.W.1.), c
brother of the deceased, inter alia alleging:

,;
"I, Ajmer Singh s/o Ranbahadur Singh R/o Nigohi, P.S.
Deeh Janpad Raebareli, my elder sister Asha Devi was
married in 1987 with Suresh Kumar Singh s/o Manbodh
Singh at village Budhwar, P.S. Deeh, Janpad Raebareli. D
After marriage my brother in law, his younger brother and
' -~
• sister Kusuma were harassing her and asking for dowry.
~
My brother in law demanded Rs.5000/- at the time of
::lo.,..,
marriage of his sister. This was told by my sister and gave
'the money. Thereafter demand for more money, ring and E
chain was made, in this regard she was burnt year ago.
I had got her treated and had asked her to live today on
8.12.1993 at about 12'0 clock. One unknown person w_ho
~ is her neighbour came to my house and informed that your
_sister has been done to death and her dead body is lying F
and are preparing to cremate her. I reached the site and
saw my sister who was lying burnt and dead. I believe that
Suresh Singh, Zilajeet Singh S/o Manbodh Singh and their
elder sister Kusuma D/o Manbodh Singh S/o Budhwar,

. ~
P.S. Deeh, Distt. Raebareli have burnt and killed my sister.
Therefore, you are requested to lodge report and
prosecute."
G

5. We may furthermore notice the injuries found by the
Autopsy Surgeon in his post mortem examination on the body
of the deceased, which are as under: H
1072 SUPREME COURT REPORTS [2009] 7 S.C.R. .

A "I to Ill degree burn on front and back of skull, neck, front
and side of whole chest with upper part of abdomen, let
axilla and whole arm and back of shoulder and scapular
region, with exholate and pus coming out from right elbow
region. Total burn about 40%.
B In the opinion of the doctor, the cause of death is shock as
a result of ante mortem burn injuries.
6. The Investigating Officer filed a charge sheet.
f
Cognizance was taken under Section 3048 and Section 498A
c ofthelPC.
The prosecution in support of its case examined four
witnesses.
7. The contention raised on behalf of the appellant were:
(1) thatthe death of the deceased occurred byway of an accident;
0
(2) the marriage having taken place in the year 1983 that is not
within a period of seven years from the date of her death,
Sections 498A and 3048 of the IPC were not applicable.
8. By reason of a judgment and order dated 30.4.1996,
E the learned trial judge while acquitting Smt. Kusuma Devi and
Zila Jeet Singh convicted the appellant under Section 3048 and
498A of the IPC and sentenced him to undergo rigorous
imprisonment for seven years for the offence under Section
3048 IPC and to undergo three years rigorous imprisonment
F and a fine of Rs.2000/- for the offence under Section 498A IPC
inter alia holding:
(i) The marriage had taken place in the year 1987.
(ii) The prosecution has not been able to prove demand
G of dowry from the family members of the deceased.
(iii) Appellant had made an attempt to cause burn injuries 1r •
to her one year prior to the date of occurrence.
9. An appeal preferred thereagainst by the appellant has
H been dismissed by reason of the impugned judgment.
SURESH KUMAR SINGH V. 1073
STATE OF U.P [S.B. SINHA, J.)
,, 10. Mr. Naveen Kumar Singh, learned counsel appearing A
on behalf of the appellant inter alia would submit:
(i) that the trial court and consequently the High Court
,
I committed a serious error in passing the impugned
~· judgments insofar as they failed to take into
consideration that sufficient evidence had been B
"
-4 brought on record to show that marriage took place
in the year 1983 and not in the year 1987 and, thus,
, no presumption as envisaged in Section 113A or
>· Section 1138 of the Indian Evidence Act, 1972 could
~ have been invoked. c
(ii) No evidence having been adduced to show that the
.-.._ deceased was subjected to any cruelty soon before
her death, the impugned judgments are unsustain-
able.
D
11 . Mr. Pramod Swarup, learned counsel appearing on
• behalf of the respondent, on the other hand, would urge:
(i) In view of the concurrent findings of fact arrived at by
the two courts below, no interference therewith by
this Court is warranted.
E

(ii) The term 'soon before her death' do not envisage
any fixed term and appropriate meaning should be
-i assigned thereto having regard to the facts and
circumstances of each case. F
(iii) As demand of dowry had been made and an attempt
was also made to cause burn injuries to her one year
prior to the incident in question, the impugned
judgments are unassailable.
G
..·. , ~ 12. Before adverting to the legal contentions raised herein,
J
we may notice the deposition of the first informant-Ajmer Singh.
According to him, the marriage took place sometime in April -
May 1987. Dowry demands of the family of the appellant could
not be fulfilled at that time. One month after the marriage, she
H
1074 SUPREME COURT REPORTS [2009] 7 S.C.R.

A came back to her maternal home and told her mother and other /·
female members that the appellant and his family members had
demanded a chain and a ring and also assaulted her. Six months
thereafter allegedly while 'Gauna' ceremony was being
performed, he was informed by the deceased that they should }
B give her a ring and a chain as otherwise the appellant would kill ,..
her. He was informed by daughter of 'Maiku' who was married
~
in the village of appellant that one year before the death of the
deceased, accused persons had burnt her. She had brought •
the deceased and got her treated by Dr. Chedi Singh. Accused
c persons did not provide her any treatment and the deceased ,___
had a big wound. After heali.ng she sent the deceased back
with the cousin of appeNant and thereafter the deceased was in
the house of her husband for six months.
In his cross-examination, however, he accepted that the
D appellant was married only to Asha Devi alone. He denied the
suggestion that the marriage took place 14 years prior thereto.
In answer to a question as to the name of Shiv Kumari was
entered in the voter list of 1988 as the wife of the appellant, he
stated as under:
E "I do not know how the name of Shiv Kumari is entered in
the voter list of 1988 as the wife of Suresh Kumar Singh.
I do not know that Shiv Kumari w/o Suresh Kumar Singh
was elected as member of village Sabha." ~

F He did not have any document to show that he had made
. arrangements for treatment of his sister.
He was examined on 16.8.1995.
Indisputably, on or about 5.9.1995, an application was filed
G by him for correction of his statement, which reads as under- y- ,
"It is submitted that on 16.08.95 statement of Applicant ~ '
Ajmer Singh S/o Ran Bahadur Singh, Rio Village Nigohi, ......
P.S. Deeh, District Raibareilly was recorded. In Para 3 at
Page 4 of the statement it has been written that, "In our
H place the name of girl is changed soon after coming to her
SURESH KUMAR SINGH V 1075
STATE OF U.P. (S.B. SINHA, J.]
.:f-
in-laws house, after marriage", whereas actually Applicant A
'I had deposed that, "At our place the name of girl is not
changed soon after coming to her in-laws house after
marriage." Hence, in the interest of justice, the amendment
of the same to this effect is necessary.
Hence, it is prayed that in the statement "is not changed" B
shall be read in place of "is changed".
Thus, he had accepted in his first deposition that a custom
with regard to change of the name of the bride by her in-laws
~
;. prevails in his community. · c
13. Indisputably, in the voter's list of 1983, the name of
wife of appellant was shown as Raj Kumari. There appears to
be a controversy in regard to existence of a custom of changing
the name of the bride by her husband's family. P.W.1, who is
elder brother of the deceased even could not point out as to in D
which month the marriage had taken place. When the defence
had raised a contention with regard to the date of marriage, it
-.:
was obligatory on the part of the prosecution to prove the same
in order to take the benefit of the provisions contained in Section
113Aand 1138 of the Indian Evidence Act as also the provisions E
of Section 498A and 3048 of the IPC. Before a person is found
guilty of commission of an offence, the court must arrive at a
firm conclusion that the ingredients thereof had been proved.
For the said purpose whereas on the one hand the object of the
~
Parliament in inserting the said provisions must be borne in F
mind; a satisfaction must also be arrived at that the conditions
precedent therefor has been fulfilled.
A voter's list is a public document. It is issued under the
authoritX of the Election Commission. The voter's list published
1
as on 1 January 1988 showed that Suresh Kumar Singh and G
Shiv Kumari were husband and wife and were resident of House
~ No. 85. Their names along with one lshraj Kumari were shown
..' at Serial Nos. 273, 274 and 275. The husband's name of Shiv
Kuma~i is shown as that of the appellant. The voter's list was in
relation to the residents of Dostpur, Budhwara. It is in the H
1076 SUPREME COURT REPORTS [2009] 7 S.C.R.
~

A aforementioned background, the court should have considered
;
the purported application for amendment of statement filed by
Ajmer Singh on 5.9.1995. On what basis such an amendment
was directed is not borne out from the records. The learned
Sessions Judge, however, relied thereupon to hold that the
8 marriage had taken place in the year 1987.
14. Keeping in view the menace of dowry deaths, the
Parliament in the year 1983 inserted Section 498A of the IPC
and Section 113A of the Indian Evidence Act by Act No. 46 of •
1983 and in the year 1986 inserted Section 3048 of the IPC
c "'
and Section 1138 of the Indian Evidence Act by Act No. 43 of
1986. Although Section 3048 of the IPC came into force with
1
effect from 19 h November 1986, Section 1138 of the Indian
Evidence Act came into force with effect from 5.1.1986. ,./

15. The learned trial judge as also the High Court invoked
D
Section 1138 of the Indian Evidence Act, which reads as under:
"1138. Presumption as to dowry death.- When the •
question is whether a person has committed the dowry
death of a woman and it is shown that soon before her
E death such woman has been subjected by such person to
cruelty or harassment for, or in connection with, any demand
for dowry, the Court 'shall presume that such person had
caused the dowry death.
Explanation.-For the purposes of this section "dowry
F death" shall have the same meaning as in section 3048,
of the Indian Penal Code (45 of 1860)]."
The definition of 'dowry death' is incorporated by reference
to Section 3048 of the IPC, which reads as under:
G "3048. Dowry death.- (1) Where the 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 soon before her death
she was subjected to cruelty or harassment by her t\usband
H or any relative of her husband for, or in connection with,
SURESH KUMAR SINGH V. 1077
STATE OF U.P [S.B. SINHA, J]

any demand for dowry, such death shall be called "dowry A
death", and such husband or relative shall be deemed to
have caused her death.
Explanation .-For the purpose of this sub-section, "dowry"
shall have the same meaning as in section 2 of the Dowry
Prohibition Act, 1961 (28 of 1961 ). B

(2) Whoever commits dowry death shall be punished with
~ imprisonment for a term which shall not be less than seven
.>- years but which may extend to imprisonment for life."
Explanation appended to Section 3048 defines dowry to c
have the same meaning as contained in Section 2 of the Dowry
Prohibition Act, 1961, which reads as under:
"2. Definition of 'dowry'.- In this Act, "dowry" means any
property or valuable security given or agreed to be given
-;" D
either directly or indirectly-
~
-I
(a) by one party to a marriage to the other party to the
marriage; or
(b) by the parents of either party to a marriage or by any
other person, to either party to the marriage or to any E
other person,
at or before or any time after the marriage in connection ·
~ with the marriage of the said parties,.but does not include
dower or mahr in the case of persons to whom the Muslim F
Personal Law (Shariat) applied."
We may also notice the provisions of Section 498A of the
IPC, which reads as under:-
"498A. Husband or relative of husband of a woman G
~ · subjecting her to cruelty.- Whoever, being the husband
----:i or the relative of the husband of a woman, subjects such
woman to cruelty shall be punished with imprisonment for
a term which may extend to three years and shall also be
liable to fine. ·
H
1078 SUPREME COURT REPORTS [2009] 7 S.C.R.

t
A Explanation.-For the purpose of this section, "cruelty"
means-
(a) any wilful conduct which is of such a nature as is
likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health
8 (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment
is with a view to coercing her or any person related r
-1,
to her to meet any unlawful demand for any properly
c or valuable security or is on account of failure by her
or any person related to her to meet such demand."
16. One of the ingredients of Section 3048 of the IPC is ~
marriage within a period of seven years preceding the death.
No such requirement finds place in Section 498A thereof.
D ~
17. From the evidence of P.W.1, it appears that he had
talked of only one incident in respect whereof his evidence was
admissible in law, that is, when the deceased came back to her
•
-
parerital home six months after 'Gauna' ceremony, she had
informed him that if he did not give a ring and a chain, the
E accused persons might kill her. It is also not in dispute that the
matter rested at that as he talked to the appellant in that behalf,
whereafter he came and took her away. The matter was
therefore settled. There was nothing to show that any cruelty or ~
•
harassment was meted out on that ground thereafter.
F
So far as the other incident disclosed by him is concerned,
it was one which he had heard from his wife and other female
members of the family. It was, thus, hearsay, as they were not
examined.
G 18. It is in the aforementioned context, we may consider ~
the effect of the term "soon before death". ......
Section 3048 of the Code provides for a penal offence. It
has the following ingredients:
H (i) The death of a woman must have been caused by
SURESH KUMAR SINGH V. 1079
STATE OF U.P. [S.B. SINHA, J]

burns or bodily injury or otherwise than under normal A
t circumstances;
(ii) Such death must have occurred within seven years
~·
from the date of the marriage'

(iii) Soon before her death, the woman must have been B
subjected to cruelty or harassment by her husband
or any relative of her husband; and

(iv) Such cruelty or harassment must be in connection
'I
.,.. with the demand of dowry.
c
19. The harassment which is said to have been caused in

.. connection with the demand of dowry other than the incident in
question, as noticed hereinbefore, was one year prior to the
incident.
Would a gap of one year would answer the description of D
term "soon before her death" is the question. We may, at the
1
outset, notice some case laws operating in the field.
In Satvir Singh and Ors. vs. State of Punjab and Anr.
[(2001) 8 sec 633], this Court held:
E
"22. It is not enough that harassment or cruelty was caused
to the woman with a demand for dowry at some time, if
Section 304B is to be invoked. But it should have
happened "soon before her death". The said phrase, no
-~ doubt, is an elastic expression and can refer to a period F
either immediately before her death or within a few days
or even a few weeks before it. But the proximity to her
death is the pivot indicated by that expression. The
legislative object in providing such a radius of time by
employing the words "soon before her death" is to G
emphasis the idea that her death should, in all
~ probabilities, have been the aftermath of such cruelty or
harassment. In other words, there should be a perceptible
nexus between her death and the dowry related
harassment or cruelty inflicted on her. If the interval elapsed
H
1080 SUPREME COURT REPORTS [2009] 7 S.C.R.

A between the infliction of such harassment or cruelty and
her death is wide the court would be in a position to gauge i
that in all probabilities the death would not have been the
,,'
.
immediate cause of her death. It is hence for the court to
decide, on the facts and circumstances of each case,
B whether the said interval in that particular case was
sufficient to snuff its cord from the concept "soon before
her death".

{See also Harjit Singh vs. State of Punjab [(2006) 1 SCC ~

463]} ...
c
Indisputably, in order to attract the said provision, it is
imperative on the part of the prosecution to establish that the
cruelty or harassment has been meted out to the deceased
'soon before her death'. There cannot be any doubt or dispute
that it is a flexible term. Its application would depend upon the
D
factual matrix obtaining in a particular case. No fix period can
be indicated therefor. It, however, must undergo the test known
as 'proximity test'. What, however, is necessary for the •
prosecution is to bring on record that the dowry demand was
not too late and not too stale before the death of the victim.
E
A similar question came up for consideration in Thakkan
Jha & Ors. vs. State of Bihar [(2004) 13 SCC 348], wherein
· this Court held:

"This is so because the expression used in the relevant ~
F provision is "soon before". The expression is a relative
term which is required to be considered under specific
circumstances of each case and no straitjacket formula
can be laid down by fixing any time-limit. The expression
is pregnant with the idea of proximity test. It cannot be
G said that the term "soon before" is synonymous with the
term "immediately before". This is because of what is
~
stated in Section 114 Illustration (a) of the Evidence Act.
The determination of the period which can come within
-
/

the term "soon before" is left to be determined by the
H courts, depending upon the facts and circumstances of
'
'
SURESH KUMAR SINGH V 1081
STATE OF U.P. [S.B. SINHA, J.]

each case. Suffice, however, to indicate that the expression A
"soon before" would normally imply that the interval should
,. not be much between the cruelty or harassment concerned
and the death in question. There must be existence of a
proximate and live link.

{See also Baldev Singh vs. State of Punjab [(2008) 13 8
sec 233]}
Yet again in Kamesh Panjiyar Alias Kamlesh Panjiyar
., vs. State of Bihar [(2005) 2 SCC 388], this Court held:
\r

"The expression 'soon before' is, very relevant where c
Section 1138 of the Evidence Act and Section 3048 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 operates.
Evidence in that regard h.as to be led by prosecution. D
'Soon before' is a relative term and it would depend upon
,
·f 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 E
of a proximity test both for the proof of an offence.of dowry
death as well as for raising a presumption under Section
1138 of the Evidence Act. The expression 'soon before
her death' used in the substantive Section 3048 IPC and
~-.
Section 1138 of the Evidence Act is present with the idea F
of proximity test."

This Court in Ram Badan Sharma vs. State of Bihar
[(2006) 1O sec 115] wherein one of us was a Member, held:
"35. There are three main ingredients of this offence: (a)
G
that, there is a demand of dowry and harassment by the
.~ accused on that count; (b) that, the deceased died; and
(c) that, the death is under unnatural circumstances within
seven years of the marriage. When these factors were
proved by reliable and cogent evidence, then the
H
1082 SUPREME COURT REPORTS [2009) 7 S.C.R.

A presumption of dowry death under Section 1138 of the
Evidence Act clearly arose. The aforementioned f
ingredients necessarily attract Section 3048 IPC. Section
3048 is a special provision which was inserted by an
amendment of 1986 to deal with a large number of dowry
8 deaths taking place in the country. In the instant case, if
the circumstances of the case are analyzed on the
touchstone of Section 3048 IPC, all the three basic
ingredients of Section 3048 l.P.C. are present in the instant
case. There has been persistent demand of dowry and r
-J

c harassment, humiliation and physical violence and beating ,.
by the husband and her in-laws. The deceased died under
unnatural circumstances within seven years of the
marriage."
'
{See also Devi Lal vs. State of Rajasthan [2007 (12)
D SCALE 265 (para 20), and State of Rajasthan vs. Jaggu Ram
[2008 (1) SCALE 22 (para 11)]}
20. The Law Commission submitted its 91 Report on
51
•
"Dowry Deaths and Law Reforms: Amending Hindu Marriage
Act, 1955, the Indian Penal Code, 1860 and the Indian Evidence
E Act, 1872" wherein it was emphasized that there had been an
alarming increase in the number of cases in which married
woman die in circumstances which, to say the least, are highly
suspicious. Those deaths popularly came to be associated with
dowry and that is why it was given the term 'dowry death" _,\
F
21. Some harassment which had taken place one year
prior to the death without something more, in our opinion, could
not have been considered to be a cruelty which had been inflicted
soon before the death of the deceased. It does not satisfy the
proximity test.
G
22. As the death, in our opinion, had not taken place within
a period of seven years and there is no evidence that any cruelty ~
has been inflicted upon the deceased soon before her death
neither the presumption in terms of Section 1138 of the Indian
H Evidence Act could have been drawn nor it could be concluded
SURESH KUMAR SINGH V 1083
STATE OF U.P. [S.B. SINHA, J]

that the appellant is guilty of commission of offence under Section A
3048.
23. In view of our finding that the death did not ta,ke place
within seven years from the date of marriage, no presumption
could have been raised either under Section 113A or under
Section 1138 of the Indian Evidence Act. 8

24. We, however, are satisfied that the appellant has rightly
been found guilty of commission of offence under Section 498A
of the IPC. Sentence imposed on him on that count is, therefore,
maintained. c
25. For the aforementioned reasons, the appeal is allowed
- in part and subject to the aforesaid findings.
/

D.G. Appeal partly allowed.