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Supreme Court of India 2025-10-29 dismissed

JEMABEN vs THE STATE OF GUJARAT

Bench: 2 — Rajesh Bindal, Vipul M. Pancholi

In Brief

Jemaben was charged with murdering her niece-in-law Leelaben by setting her ablaze with kerosene on 29–30 November 2004. The victim, who sustained 100% burns, died on 4 December 2004. The trial court acquitted Jemaben due to inconsistencies in three dying declarations. The High Court reversed the acquittal, relying on the first declaration made to the attending doctor, corroborated by kerosene-stained soil and clothing, and the fact that the victim's young son nearby suffered only 10–12% burns. The Supreme Court upheld the conviction under Section 302 IPC, holding that minor discrepancies do not undermine a dying declaration supported by independent material evidence, and that only one view—guilt—was reasonably possible on the facts.

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Criminal Procedure Evidence Law Dying Declarations Murder Appellate Intervention in Acquittal Forensic Evidence

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