GUDU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The question before us is whether, despite the sole eyewitness to the incident turning hostile, could the Trial Court and the High Court legitimately hold that the appellant committed the murder of Dalip Singh. In our opinion, despite the sole eyewitness turning hostile, it can and should be held on the facts of this case that though the appellant did commit a crime, it was not of murder but culpable homicide not amounting to murder.

(2.) PW-2 Sheetal Singh was an employee of the Himachal Pradesh Transport Corporation, posted in a workshop of the Corporation at Taradevi in Himachal Pradesh. He was living in a rented accommodation and for the last about one year, his brother PW-1 Jai Pal Singh and the deceased Dalip Singh (his cousin brother) were living with him. The appellant (a cousin of Sheetal Singh's wife) joined them in the rented accommodation about a week prior to the alleged murder of Dalip Singh by the appellant.

(3.) On the intervening night of 12th and 13th November, 2003 Sheetal Singh was at work. Around 8 p.m., the appellant, Dalip Singh and Jai Pal Singh planned to cook some meat and consume some whisky brought by the appellant.