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Supreme Court of India 2018-08-29 dismissed

State of Madhya Pradesh vs Shabana Bi

Bench: 2 — R. Banumathi

In Brief

In this case, the State of Madhya Pradesh appealed against the High Court's acquittal of an accused charged with murdering her neighbour by setting her on fire under Section 302 IPC. The Trial Court had convicted based on a dying declaration recorded by an Executive Magistrate. However, the High Court found inconsistencies between this dying declaration and an earlier statement made to a medical officer, and granted the accused the benefit of doubt. The Supreme Court upheld the acquittal, holding that when two reasonable views of evidence exist and the High Court adopts a plausible one favouring the accused, appellate interference is not warranted."

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Criminal Procedure Evidence Dying Declaration Murder Acquittal Appellate Jurisdiction

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