ISSUE:
Whether the prosecution established the essential ingredients of Section 304-B IPC (dowry death), including cruelty or harassment in connection with a demand for dowry soon before the deceased's death?
Whether the presumption under Section 113-B of the Evidence Act applied in the absence of clear evidence of harassment proximate to the death?
Whether the accused could be convicted under Section 306 IPC (abetment of suicide) despite the absence of a specific charge under that provision?
RULE:
For a conviction under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment for dowry soon before her death. A mere past history of cruelty is insufficient unless there is a proximate link between the harassment and the death.
The presumption under Section 113-B of the Evidence Act is mandatory only when the prosecution establishes cruelty or harassment related to dowry demand in close proximity to the death. If no such direct evidence exists, the presumption does not arise.
A conviction under Section 306 IPC (abetment of suicide) can be sustained even if no specific charge is framed, provided the evidence establishes that the accused’s conduct led to the suicide. Mental harassment or persistent cruelty suffices to attract this provision.