11. Learned Counsel for the petitioner then placed reliance uponShanti and Ors. v. The State of Haryana, 1991 (2) RCR 55=I (1991) DMC 187; SHANKARPARSAD V. THE STATE, 1991 (2) RCR 165; and Baljit Singh v. The State (UT), 1996 (2) RCR 86 :1996 (2) All India Criminal Law Reporter 782=III (1996) CCR 73 (DB) (Pb. & Hry.), in order to convince this Court that presumption of Section 113-B of the Indian Evidence Act would apply only if it is established prima facie that soon before the death, the deceased was subjected to cruelty or harassment in connection with any demand of dowry.
5. Apart from referring to the statements of the witnesses who are the neighbours like Mohan Singh, etc. to show that the deceased was met with torture and harassment, the learned Public Prosecutor has also submitted that the deceased had died in the house of the petitioner. The learned Public Prosecutor has also relied upon the cases of Kamesh Panjiyar v. State of Bihar , Smt Shanti and Ors. v. Stare of Haryana and Kans Raj v. State of Punjab and Ors. .