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Savitaben v. The State of Gujarat

Criminal Appeal · 2019 INSC 342Decided 11 Mar 2019
Criminal Appeal No. 467 of 2019
Justice R. Banumathi · Justice R. Subhash Reddy

Background

The appellant, Savitaben, and her husband were convicted by the trial court and the Gujarat High Court for the murder of their neighbour Narmadaben, who died after being set on fire following a quarrel. The prosecution's case was that Savitaben fetched the kerosene that her husband poured on the deceased before setting her alight. The husband's own appeal against conviction had already been dismissed by the Supreme Court, and this appeal concerned only Savitaben.

Decision Breakdown

The Supreme Court examined the evidence closely, particularly the deceased's earliest dying declaration made to a doctor at the hospital, in which she named only her husband as the person who set her on fire and did not mention Savitaben at all. The only evidence implicating Savitaben in fetching the kerosene came from the couple's son, which was not corroborated, and the prosecution had not examined another witness (the deceased's other son) who could have supported this. Given the absence of any mention of Savitaben in the earliest, most reliable dying declaration, the Court held the prosecution had not proved her guilt beyond reasonable doubt and gave her the benefit of doubt.

Lesson Learnt

In criminal cases, the earliest version of events given by a victim (such as a dying declaration to a doctor) carries significant weight, and if it does not implicate a particular accused, later or less corroborated evidence against that person may not be enough to sustain a conviction: the benefit of doubt must go to the accused.

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

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