Dying Declaration can be sole evidence for conviction

Khushal Rao vs. The State of Bombay (25.09.2026 - SC) : MANU/SC/0107/1957

Case Note:
Criminal - dying declaration - Article 134(1)(C) of Constitution of India, Sections 32(1), 114 and 133 of Indian Evidence Act, 1872 and Sections 34, 302 and 307 of Indian Penal Code, 1860 - appellant convicted and punished with death sentence by Trial Court for pre-planned murder of Babulal - conviction based on dying declarations of Babulal - declarations not supported by any another evidence and not corroborated - on appeal High Court affirmed decision of conviction - certificate of fitness granted under Article 134(1)(C) - appeal filed in Supreme Court - appeal involved question of fact as to sufficiency of evidence to convict appellant - appellant contended that dying declaration cannot be taken as evidence for conviction as not corroborated - under Section 32(1) dying declaration can be taken as material for conviction - not necessarily required to supported by evidences and its validity depends upon facts of each case - no doubt regarding reliability of declarations and so not required to be corroborated - appellant rightly convicted by High Court and appeal dismissed.