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PETITIONER: KUSHAL RAO
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 25/09/1957
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. MENON, P. GOVINDA KAPUR, J.L.
CITATION: 1958 AIR 22 1958 SCR 552
ACT: Supreme Court, Criminal Appellate jurisdiction of--Certif- icate of fitness, if can be granted by High Court on a question of fact Dying declaration evidiantry value of-If must be corroborated in order to sustain conviction-Consti- tution of India, Art. 134(1)(c)- Indian Evidence Act (.1 of 1872), s. 32(1).
HEADNOTE: The Supreme Court does not ordinarily function as a Court of criminal appeal, and it is not competent for a High Court under Art. 134(1)(c) of the Constitution to grant a certifi- cate of fitness for appeal to this Court on a ground which is essentially one of fact. Haripada Dey v. The -State of West Bengal" - (1956) S.C.R. 639, followed. There is no absolute rule of law, not even a rule of pru- dence that has- ripened -into a: rule of law- that a dying declaration in order-that it may sustain an order of convic- tion must be corroborated by, other independent evidence. The observations made 553 by this Court in Madhoprasad v. The State of Madhya Pradesh are in the nature of obiter dicta and...