KALUA versus THE STATE OF UTTAR PRADESH

Citation: [1957] 1 S.C.R. 187 · Decided: 21-11-1956 · Supreme Court of India · Bench: B. JAGANNADHADAS · Disposal: Dismissed

Judgment (excerpt)

, 
S.C.R. 
SUPREME COURT REPORTS 
187 
been set aside. 
But s. 100 in terms provides that if 
the Tribunal was of the opinion, as it was in this case, 
that the result 
of the election 
had been materially 
affected by the improper rejection 
of the nomination 
paper, "the 
Tribunal shall declare the 
election 
to be 
wholly voi<l". The election in this case was in respect 
of a double seat constituency 
and was 
one integral 
whole. If it had to be declared 
void, the 
Tribunal 
was justified in setting aside the election as a whole. 
As all the 
contentions raised in support of 
the 
appeal fail, it must be dismissed with costs to the con-
testing respondents. 
Appeal dismissed. 
KALUA 
v. 
THE STATE OF UTTAR PRADESH 
(JAGANNADHADAS, 
JAFER 
lMMAM and 
GovINDA 
MENON JJ.) 
Criminal Trial-Murder-Cricumstantial 
evidence-Opinion of 
fire-arms expert-Whether conclusive. 
One Daya Ram had been murdered by shooting with a coun-
try made pistol. 
The circumstantial evidence established 
against 
, 
the appellant was (I) 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 exist-
ence 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, drat 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 
111ilt of the appellant. 
CRIMINAL 
APPELLATE 
JuRISDICTION: 
Criminal 
Appeal No.. 135 of 1956. 
1956 
Srwendra J( alh 
Jr/i111/a 
v .. 
Dalip Sinili 
B. P. Sinha ]. 
Kalua 
v. 
Tiu S<at, of 
Uttar PTadlsh. 
188 
SUPREME COURT REPORTS 
[1957] 
Appeal by special leave from the judgment and 
order dated November 25, 1955, of the Allahabad High 
Court, in 
Criminal Appeal No. 702 of 1955 and Refer-
red No. 77 of 1955 arising 
out of the judgment and 
order dated May 17, 
1955, of the 
Court of Sessions 
Judge, at Moradavad in Sessions Trial No. 29 of 1955. 
P. S. Safeer, for the appellant. 
G. C. Mathur and C. P. Lal, for the respondent. 
1956. November 21. The Judgment of the 
Court 
was delivered by 
IMAM J.-The appellant was sentenced to death for 
the murder of 
Daya 
Ram 
by shooting him 
with 
a country made pistol. 
He was also convicteg for be-
ing in possession of an unlicensed fire-arm 
under the 
Arms 
Act for which offence he was sentenced to two 
years rigorous imprisonment. 
He appealed 
to 
the 
High Court of Allahabad, but his appeal was dismissed 
and the conviction and sentence was affirmed. 
Against 
the decision of the 
Allahabad 
High Court the appel-
lant obtained special leave to appeal to this Court. 
According to the prosecution., the occurrence took: 
place at about 
midnight of July 4, 1954, when 
Daya 
Ram was sleeping on a cot on a platform. Near him were 
sleeping Goku~ Doongar and Jai 
Singh, while 
two 
women Ratto and Bhuri slept in a room to the north 
of the platform and adjoining it. The report of 
the 
shot fired woke up these people. 
According to them; 
they saw the appellant running towards the east. 
He 
was accompanied by 
three 
others who were armed 
with lathis. Daya 
Ram died 
almost 
instantaneously 
as the result of the injuries on his chest 
and stomach 
from where pellets were recovered at the time of the 
post mortem examination. 
Daya Ram had been $hot 
from a close distance because the skin 
was charred 
over the entire area of the wound. 
Near the cot, on 
which he slept, a cartridge Ex. I. was found which was 
handed over to the Police Officer when he arrived 
for 
investigation. 
A first information report was lodged 
at the police station five 
miles away at 8-10 a. m. on 
July 5, 1954. 
S.C.R. 
SUPREME COURT REPORTS 
189 
The motive for the murder, as alleged by the prose-
cution, was that on the death of one 
Bhai Singh the 
appellant hoped to become guardian of 
Ratto's 
pro-
perty, who, however, appointed 
Daya 
Ram 
to take 
charge of it. 
The appellant resented 
this 
very much. 
Three days before the murder of Daya Ram there had 
been a quarrel between the appella

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