IMPORTANT POINT
Evidence of hostile witness.

Judgment :-

Madan B. Lokur, J.

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.

The facts:

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.

4. During the consumption of drinks and dinner, a minor brawl took place between the appellant and Dalip Singh as a result of Dalip Singh’s refusal to consume more whisky. At that time, Jai Pal Singh intervened and some sort of a truce was worked out.

5. Later, Jai Pal Singh went to urinate and upon his return, he found the appellant and Dalip Singh involved in a scuffle. To prevent the scuffle from escalating, Jai Pal Singh asked Dalip Singh to accompany him to Sheetal Singh’s place of work so that Dalip Singh could spend the night over there away from the appellant.

6. According to the prosecution, when Jai Pal Singh and Dalip Singh had walked about 50-60 yards, the appellant appeared from behind and hit Jai Pal Singh on the head with a thapi and pushed him into the bushes. (A thapi is a wooden object shaped like a cricket bat used for beating clothes while washing). Thereafter, the appellant hit Dalip Singh with the thapi and pushed him also into the bushes.

7. Jai Pal Singh did not sustain any serious injury and so he got up and went to inform Sheetal Singh about the incident.

8. Thereafter, Sheetal Singh accompanied by Jai Pal Singh went to the rented accommodation of Sheetal Singh since Jai Pal Singh had told him that a quarrel had taken place in the rented accommodation between Dalip Singh and the appellant. When they did not find either the appellant or Dalip Singh in the rented accommodation, they went to search for them and at that time, upon hearing some cries, they came upon Dalip Singh lying in the bushes. The appellant was apparently not traceable.

9. Both Jai Pal Singh and Sheetal Singh brought Dalip Singh back to the rented accommodation. Thereafter an ambulance was called and Dalip Singh was taken to the hospital where he succumbed to his injuries.

10. The appellant was charged with having committed the murder of Dalip Singh. He pleaded not guilty and claimed trial. In all, the prosecution examined 17 witnesses and also produced several documents and articles during the trial.

Decision of the Trial Judge:

11. The Trial Judge analyzed the statements of the witnesses and the documents on record and concluded that the appellant had murdered Dalip Singh. It was held that the appellant’s presence in the rented accommodation along with Jai Pal Singh and Dalip Singh on the intervening night of 12th and 13th November, 2003 was not in dispute. It was also held that Dalip Singh died an unnatural death.

12. It was argued before the Trial Judge that the sole eye witness, Jai Pal Singh had stated in his cross examination that he had not actually seen the appellant beat Dalip Singh or push him into the bushes. This witness was then cross-examined by the Public Prosecutor on the ground that he was suppressing the truth. However, the Tri