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PETITIONER: KALUA
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH
DATE OF JUDGMENT: 21/11/1956
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER JAGANNADHADAS, B. MENON, P. GOVINDA
CITATION: 1958 AIR 180 1957 SCR 187
ACT: Criminal Trial-Murdey-Circumstantial evidence-Opinion of fire-arms expert-Whether conclusive.
HEADNOTE: One Daya Ram had been murdered by shooting with a country made pistol. The circumstantial evidence established against the appellant was (1) that he had a motive for the murder, (2) that three days before the murder the appellant had held out a threat to murder the deceased, (3) that a cartridge Ex. I was found near the cot of the deceased, and (4) that the appellant produced a country made pistol Ex. III from his house in circumstances which clearly showed that he alone could have known of its existence there. The fire-arms expert examined the recovered pistol and the cartridge and after making scientific tests was of the definite opinion that the cartridge Ex. I had been fired from the pistol Ex. III : Held, that the opinion of the fire-arms expert conclusively proved that the cartridge Ex. I had been fired from the pistol Ex. III. The circumstantial evidence was sufficient to establish the guilt of the appellant.
JUDGMENT: CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 135 of 1956. 188 Appeal by special leave ...