In a chilling verdict, the Supreme Court on Wednesday upheld the conviction and life sentence of Jemaben, accused of setting her niece-in-law Leelaben ablaze after the latter refused to go along with a man suggested by her. The bench of Justices Rajesh Bindal and Vipul M. Pancholi dismissed Jemaben’s appeal, observing that the evidence and dying declaration left no scope for doubt.
Background
The gruesome incident occurred on the night of November 29–30, 2004, in a small hut in Banaskantha, Gujarat. According to the prosecution, Jemaben, along with another accused, conspired to kill Leelaben and her four-year-old son, Ganesh. When the two were asleep, Jemaben allegedly poured kerosene on Leelaben and set her on fire.
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Leelaben suffered 100% burns and died a few days later in the Civil Hospital at Palanpur. Her son survived with 10–12% burns. A complaint was filed by her sister Geetaben on December 5, 2004, leading to a trial that initially ended in acquittal for lack of consistent evidence in the dying declarations.
The Gujarat High Court, however, overturned the acquittal in 2016, convicting Jemaben under Section 302 of the Indian Penal Code and sentencing her to life imprisonment with a fine of ₹10,000.
Court’s Observations
During the appeal hearing, the defence argued that discrepancies in the dying declarations created reasonable doubt. Counsel contended that the trial court had rightly given the benefit of doubt, and the High Court should not have interfered.
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But the bench disagreed. It noted that the first dying declaration, given before an independent medical officer (Dr. Shivrambhai Patel), was clear and consistent. “The deceased specifically stated that her aunt-in-law Jemaben poured kerosene on her and set her ablaze,” the bench recorded.
Justice Pancholi pointed out that the doctor’s “Yadi” (note) to the police confirmed that Leelaben was conscious and able to speak when she identified her attacker. The Court remarked that this dying declaration was further supported by the recovery of an empty kerosene container and soil samples smelling of kerosene from the scene.
The bench also dismissed the defence’s theory of accidental fire, noting that while the victim was completely burnt, her child beside her had minor burns an inconsistency incompatible with an accident.
“The first dying declaration, corroborated by medical and physical evidence, stands as a truthful and voluntary statement,” the Court observed, adding that “minor discrepancies cannot overshadow the core truth.”
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Decision
Concluding the hearing, the Supreme Court upheld the Gujarat High Court’s decision, affirming that the evidence led only to one logical conclusion guilt.
“The High Court has rightly set aside the order of acquittal. No interference is warranted,” the bench ruled, dismissing Jemaben’s appeal.
With this, the 21-year-old case - marked by tragedy, conflicting statements, and years of appeals - finally reached its judicial closure.
Case: Jemaben vs State of Gujarat (2025)
Originating Case: Gujarat High Court, Criminal Appeal No. 539 of 2006
Citation: 2025 INSC 1268
Criminal Appeal No.: 1934 of 2017
Court: Supreme Court of India
Bench: Justice Rajesh Bindal and Justice Vipul M. Pancholi
Date of Judgment: October 29, 2025
