Supreme Court of India · 1957-09-25
KUSHAL RAO vs THE STATE OF BOMBAY
- Citation / case number
- SC 1956/98
- Court
- Supreme Court of India
- Petitioner
- KUSHAL RAO
- Respondent
- THE STATE OF BOMBAY
- Bench
- SINHA, BHUVNESHWAR P.
Judgment text excerpt
The Supreme Court ruled that a High Court cannot grant a certificate of fitness for appeal under Article 134(1)(c) on a question of fact. It clarified that there is no absolute requirement for corroboration of a dying declaration for sustaining a conviction under Section 302 IPC, emphasizing that such declarations must be closely scrutinized but can stand alone if deemed true. The Court dismissed the appeal as the High Court's certificate was incompetent and did not provide grounds for special leave under Article 136.