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Supreme Court of India 2019-03-11 allowed

Savitaben vs State of Gujarat

Bench: 2 — Banumathi

In Brief

This appeal concerns the conviction of Savitaben (accused No. 2) for murder and criminal intimidation in connection with the burning death of Narmadaben. The trial and high court convicted both accused. The Supreme Court allowed the appeal and acquitted Savitaben. The Court found that while a sole witness attributed certain acts (bringing kerosene) to Savitaben, the deceased's earliest dying declaration to a hospital doctor named only the other accused and made no mention of Savitaben. Lacking corroborating evidence and faced with material silence in the most reliable evidence, the Court held that guilt had not been established beyond reasonable doubt and granted the benefit of doubt to Savitaben.

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Criminal Law Dying Declaration Circumstantial Evidence Murder Benefit of Doubt

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