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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

The State of Madhya Pradesh appealed the High Court's reversal of the trial court's conviction of Shabana Bi under section 302 IPC for the death of her neighbour Farida in a kerosene burning incident on 19 April 2004. The trial court had convicted her based on the victim's dying declaration. The High Court, however, found inconsistencies between the dying declaration recorded by a doctor (naming two perpetrators) and that recorded by the Executive Magistrate (naming only the accused), and granted the accused the benefit of doubt. The Supreme Court upheld the acquittal, holding that where two reasonable views exist and the High Court adopts a plausible one, interference is not warranted."

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Criminal Law Evidence Dying Declaration Murder Burden of Proof

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