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Supreme Court of India 2019-03-11 allowed

SAVITABEN vs THE STATE OF GUJARAT

Bench: 2 — Banumathi, R. Subhash Reddy

In Brief

Savitaben was convicted of murder (Section 302 IPC) and house-breaking (Section 452 IPC) with abetment (Section 114 IPC), allegedly bringing kerosene to her husband during the burning of Narmadaben. The Supreme Court allowed the appeal and acquitted her. The Court noted that the earliest dying declaration given by the deceased Narmadaben to a hospital doctor mentioned only the husband as the assailant and did not name Savitaben. Without corroboration by other credible evidence and given significant gaps in the prosecution case, the Court held the guilt was not proven beyond reasonable doubt and discharged the appellant."

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Criminal Law Evidence Law Dying Declaration Criminal Procedure Circumstantial Evidence Abetment

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