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september 1957

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.

KUSHAL RAO vs THE STATE OF BOMBAY · Niyam