Failure to prove dying declaration and lack of evidence regarding dowry demand vitiates conviction under Section 304B IPC.

The appellants (mother-in-law, sister-in-law, and her husband) were convicted by the trial court under Section 304(B) read with Section 34 of the IPC for the dowry death of Bibi Sultana

The prosecution alleged that on 15.02.2017, the appellants poured kerosene on the victim and set her ablaze while she was cooking

The victim allegedly recorded a fardbayan (statement) at the hospital the same evening

Following her death several days later, the trial court treated this fardbayan (Exhibit-1) as a dying declaration and sentenced the appellants to ten years of rigorous imprisonment

The appellants challenged the conviction on grounds of lack of proof regarding the statement and medical contradictions

Section 304B of the IPC, which defines "dowry death" and requires the prosecution to prove: (a) death within seven years of marriage, (b) death by burns/bodily injury or abnormal circumstances, and (c) evidence that "soon before death" the woman was subjected to cruelty/harassment for dowry

Section 113B of the Indian Evidence Act, which creates a presumption of dowry death only if the aforementioned conditions are met

Principles regarding the proof of dying declarations under Section 32 of the Evidence Act, requiring the prosecution to prove the statement was made by a person in a fit mental state

The High Court found several fatal flaws in the trial court's reasoning. First, Exhibit-1 (the dying declaration) was never legally proved; the officer who recorded it was not examined, and the witness who supposedly attested it (PW-2) did not testify to its recording in court

Furthermore, there was no medical certification that the victim, who had 65% burns, was in a fit mental state to record a detailed statement

Second, a major contradiction existed in the timing of death: the doctor (PW-6) opined that death occurred before 16.02.2017, whereas family witnesses claimed she was treated in Patna for several days after that date

Third, the investigating officer found no kerosene smell or cooking utensils at the site, but rather a burnt quilt, contradicting the "cooking while attacked" narrative

Finally, regarding Section 304B, the court noted that the fardbayan mentioned no dowry demand, and trial testimonies regarding demands for a fridge or bike were vague, improved versions, or did not name the specific appellants

The court allowed the appeal, set aside the judgment of conviction dated 16.08.2023 and the sentence dated 26.08.2023, and ordered the immediate release of the appellants