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68. In view of the aforesaid discussion, in my considered opinion, the prosecution has been able to establish that the death of Amrita was otherwise than under normal circumstances.
FIR No. 797/2017 State Vs. Manoj Kumar Singh & Ors. PS Ranhola Page no. 38 of 72 Allegations against the accused under Section 498A & 304B IPC (dowry death proximity test):
69. Before coming to the discussion of the evidence adduced by the prosecution on merits, it is necessary to discuss the law in this regard. In order to succeed in charge under Section 498A of the Indian Penal Code, the prosecution is required to prove that the accused had subjected the deceased to cruelty, as defined in the explanation to the section. It is not every cruelty which is punishable under Section 498A of the Indian Penal Code. The cruelty, so as to attract penal provisions, contained in Section 498A otherwise of Indian Penal Code, has necessarily to be a willful conduct which is of such a nature that it is likely to drive a woman to commit suicide or cause grievous injury or danger to her life or health. The use of the expression "willful" in the explanation to Section 498A of Indian Penal Code indicates that the conduct attributed to the accused, in order to be culpable, needs to be deliberate, aimed at causing injury to the health of the woman or bringing misery to her. If the accused knows or is reasonably expected to know that his conduct is likely to cause injury to the life, limb or health of the aggrieved woman or if his conduct is of such a nature, that causing injury to the life, limb or health can be a natural consequence for the woman, who is recipient of such a conduct, it will attract criminal liability on the part of the husband or his relative, as the case may be. Everyone is presumed to intend the natural consequences of his act and such a presumption must necessarily be drawn even if there is no intention to cause any injury or harm to the woman. Whether the conduct in question is likely to drive the woman FIR No. 797/2017 State Vs. Manoj Kumar Singh & Ors. PS Ranhola Page no. 39 of 72 to cause injury to her life, limb or health, will depend upon a number of factors such as social and economic status of the parties, the level of awareness of the aggrieved woman, her temperament, state of her health, physical as well as mental and how she is likely to perceive such a behavior. If a woman is harassed with a view to coerce her or any of her relatives to meet any unlawful demand for any property or valuable security, it will also constitute cruelty, as defined in the explanation to Section 498A of Indian Penal Code.
82. The importance of Proximity Test is both for the proof of an offence of dowry death as well as for raising a presumption under Section 113B of the Evidence Act. The expression "soon FIR No. 797/2017 State Vs. Manoj Kumar Singh & Ors. PS Ranhola Page no. 47 of 72 before her death" used in the substantive section 304B IPC and Section 113B Evidence Act is pregnant with the idea of proximity test. No definite period has been indicated and the expression "soon before" used in Section 113B of the Evidence Act, Illustration (a) of the 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 the facts and circumstances of each case. Suffice, however, to indicate that the expression "soon before"