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may 1997

Supreme Court of India · 1997-05-06

TANVIBEN PANKAJKUMAR DIVETIA vs STATE OF GUJARAT

Citation / case number
SC 1984/68451
Court
Supreme Court of India
Petitioner
TANVIBEN PANKAJKUMAR DIVETIA
Respondent
STATE OF GUJARAT
Author
G.T. NANAVATI G.N. RAY
Bench
G.T. NANAVATI G.N. RAY

Judgment text excerpt

The Supreme Court upheld the conviction of the appellant under Section 302 read with Section 34 IPC, affirming the reliance on circumstantial evidence despite the trial court's acquittal on other charges. The Court clarified the procedural implications of Section 392 of the Code of Criminal Procedure, emphasizing that a difference of opinion among judges does not automatically favor acquittal. The judgment reinforced the principle that the merits of the case must be evaluated thoroughly, leading to the dismissal of the appellant's appeal.

TANVIBEN PANKAJKUMAR DIVETIA vs STATE OF GUJARAT · Niyam