Proof of proximate, continuous dowry harassment and oral dying declaration sustains conviction for dowry death.

The appellant/husband married the deceased, Radha Devi, in 2015. It was alleged that after marriage, the appellant subjected the deceased to continuous cruelty and harassment regarding dowry demands.

On 26.11.2019, the appellant allegedly assaulted the deceased and set her on fire by pouring kerosene.

She succumbed to her injuries on 12.12.2019 at PMCH, Patna.

A fardbeyan was recorded by the deceased's mother (PW-4), leading to a trial where the appellant was convicted under Section 304B of the IPC and sentenced to 10 years rigorous imprisonment, while being acquitted of Section 302 and 498A charges.

The appellant challenged the conviction, claiming the death was an accidental kitchen fire.

1. Whether the prosecution successfully established the essential ingredients of "dowry death" under Section 304B IPC, specifically the element of cruelty "soon before death".

2. Whether the defense of accidental death and the delay in lodging the FIR were sufficient to rebut the statutory presumption against the appellant.

The court applied Section 304B of the Indian Penal Code (IPC), which defines dowry death as a death caused by burns or bodily injury under abnormal circumstances within seven years of marriage, where it is shown that "soon before" death the woman was subjected to cruelty by her husband or relatives in connection with dowry.

The court also applied evidentiary principles regarding the "proximate and live link" required between cruelty and death.

It recognized the admissibility of oral dying declarations made to family members as corroborative evidence.

The court found that two ingredients—death within seven years and death by burns—were undisputed.

To satisfy the "soon before death" requirement, the court analyzed testimony from the deceased’s brother, mother, and father (PW-1, PW-4, PW-5), noting a continuous pattern of harassment from 2015 until the fatal incident in 2019.

The court held that "soon before" is a relative term requiring a "proximate and live link" rather than a specific timeframe, which was established by the sequence of assault followed immediately by the burning.

The court rejected the defense of an accidental kitchen fire, noting the appellant’s suspicious absence from the hospital despite claims of trying to save her, and dismissed the testimony of neighboring witnesses (PW-2, PW-6, PW-7) as interested and contradictory.

The court further held that while the police caused a delay in formal FIR registration, the family's delay was natural as their priority was medical treatment.

The appeal was dismissed, the judgment of conviction dated 19.06.2024 and the sentence dated 26.06.2024 were affirmed, and the trial court was directed to take necessary action for compliance.