Dowry death presumption requires foundational proof of cruelty linked to dowry demand before burden shifts under Section 113B.

For a conviction for dowry death, the prosecution must first prove that the woman died in abnormal circumstances within seven years of marriage and that she was subjected to cruelty or harassment linked to dowry demand soon before death, so that the presumption under Section 113B of the Evidence Act can arise. The expression "shown" in Section 304B requires proof of these foundational facts, though not in a manner that defeats the statutory object. On the evidence discussed, inconsistencies among key witnesses meant those foundational facts were not established even on a preponderance standard, and the convictions under Sections 304B and 498A of the IPC could not be sustained.

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Issues: Whether the prosecution had established, in relation to the appellant, the ingredients of dowry death and cruelty connected with dowry demand so as to sustain convictions under Sections 304B and 498A of the Indian Penal Code.

Analysis: For a conviction under Section 304B of the Indian Penal Code, the prosecution must establish that the woman died in abnormal circumstances within seven years of marriage and that she was subjected to cruelty or harassment in connection with dowry demand soon before her death, so as to trigger the statutory presumption under Section 113B of the Indian Evidence Act, 1872. The expression "shown" in Section 304B was treated as requiring proof by the prosecution of the foundational facts, but not in a manner that defeats the legislative object. On the evidence, the Court found material inconsistencies between the principal prosecution witnesses on the alleged dowry demand, the panchayat, and the role of relatives, and held that the evidence did not even preponderantly establish that the deceased was subjected to cruelty linked to dowry demands soon before her death.

Conclusion: The prosecution failed to prove the foundational facts necessary to invoke the statutory presumption of dowry death, and the appellant's conviction under Sections 304B and 498A of the Indian Penal Code could not be sustained.

Ratio Decidendi: In a prosecution for dowry death, the prosecution must first establish the abnormal death within seven years of marriage and the existence of cruelty or harassment connected with dowry demand soon before death; only then does the burden shift to the accused, and if those foundational facts are not established, conviction cannot follow.

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