KHUSHAL RAO versus THE STATE OF BOMBAY

KHUSHAL RAO versus THE STATE OF BOMBAY

A dying declaration, if found reliable, may alone sustain a conviction for murder; no legal requirement of corroboration unless the circumstances cast doubt. Certificate for appeal on a question of fact is incompetent under Article 134(1)(c) of the Constitution.

Source-derived case information.

Parties
Appellant: Khushal Rao; Respondent: State of Bombay
Jurisdiction
India
Judgment Date
25 September 1957
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of Death Confirmed by High Court; Appeal Dismissed by Supreme Court
Outcome
Appeal dismissed
Legal Topics
Dying Declarations, Certificate for Appeal, Evidentiary Value, Corroboration, Murder, Section 302 IPC, Section 32(1) Evidence Act, Article 134(1)(c) Constitution
Criminal Law Constitutional Law Dying Declarations Certificate for Appeal Evidentiary Value Corroboration Murder Section 302 IPC +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Khushal Rao

Appellant

State of Bombay

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of Death Confirmed by High Court; Appeal Dismissed by Supreme Court

Legal Issues

  1. 1 Whether a certificate of fitness for appeal under Article 134(1)(c) of the Constitution can be granted by High Court on a question of fact
  2. 2 Whether dying declarations require corroboration to sustain conviction
  3. 3 Evidentiary value of dying declaration under Section 32(1) of the Indian Evidence Act

Ratio Decidendi

A dying declaration, if found reliable, may alone sustain a conviction for murder; no legal requirement of corroboration unless the circumstances cast doubt. Certificate for appeal on a question of fact is incompetent under Article 134(1)(c) of the Constitution.

Court Disposition

Appeal dismissed

Orders

  • Conviction and death sentence upheld; no extenuating circumstances warranting lesser sentence.