State Of Rajasthan vs Teg Bahadur & Ors on 29 September, 2004
109.Even, 'soon before death' no circumstances have been proved by the prosecution
connecting the accused persons subjected to cruelty or harassment upon deceased
on account of demand of dowry. As no physical injury has been suggested either
in her MLC or in her postmortem report. In terms of section 113B Evidence Act
the term 'soon before death' lead to presumption that accused persons had caused
dowry death. Since in the present case ingredients of section 304B IPC have not
been fulfilled. Hon'ble Supreme Court in case "State of Rajasthan Vs. Teg
Bahadur, 2004(8) J.T. 116", has held that: