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Supreme Court of India 2019-03-11 allowed

Savitaben vs State of Gujarat

Bench: 2 — Banumathi

In Brief

The appellant, Savitaben, was convicted of murder and house-breaking by the trial court and the High Court affirmed the conviction. The Supreme Court allowed her appeal and acquitted her. The key issue was whether the prosecution proved her guilt beyond reasonable doubt. The Court found that while an eyewitness (the deceased's son) testified that Savitaben brought kerosene used in the crime, the dying declaration of the deceased attributed the actual burning only to her co-accused, Manaharbhai Ambalal, and made no mention of Savitaben. The Court held that without corroborating evidence and given other gaps in the prosecution case (failure to examine another material witness, evidence of family enmity, and FIR delay), reasonable doubt existed and the appellant deserved acquittal.

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Criminal Law Murder Evidence Dying Declaration Burden of Proof Reasonable Doubt

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