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Jemaben vs. The State of Gujarat

Not available · 2025 INSC 1268Decided 29 Oct 2025
Not available
Justice Rajesh Bindal · Justice Vipul M. Pancholi

Background

The appellant and a co-accused were alleged to have conspired to kill a woman, Leelaben, and her son by pouring kerosene on them and setting them ablaze while they slept, on the intervening night of 29-30 November 2004 in Banaskantha, Gujarat. Leelaben died of her burn injuries on 4 December 2004, and her son survived with burn injuries. The trial court acquitted both accused, citing discrepancies between three separate dying declarations given by the deceased. The State of Gujarat appealed, and the Gujarat High Court reversed the acquittal, convicting the appellant under Section 302 IPC and sentencing her to life imprisonment.

Decision Breakdown

The Supreme Court examined the dying declarations and other evidence relied upon by the High Court, agreeing that the discrepancies cited by the trial court were not significant enough to discredit the consistent core of the declarations implicating the appellant. Relying on its earlier precedent in Nallam Veera Stayanandam v. Public Prosecutor, the Court held that only one view of the evidence was reasonably possible, and the trial court had erred in acquitting the appellant despite this. It therefore found no reason to interfere with the High Court's judgment and dismissed the appeal, upholding the conviction and life sentence.

Lesson Learnt

Minor inconsistencies between multiple dying declarations do not automatically make them unreliable; courts will look at whether the core, material facts remain consistent, and an acquittal can be reversed on appeal if the trial court's view of the evidence was not a reasonably possible one.

Official source (sci.gov.in)View Judgment (PDF)

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