OMBIR SINGH VERSUS STATE OF UTTAR PRADESH AND ANOTHER
Section 34 - Acts done by several persons in futherance of common intention
Supreme Court of India (Full Bench (FB)- Three Judge)
Appeal (Crl.), 982 of 2011, Judgment Date: May 26, 2020
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 982 OF 2011
OMBIR SINGH ..... APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH AND ANOTHER ..... RESPONDENT(S)
J U D G M E N T
SANJIV KHANNA, J.
The appellant Ombir Singh has challenged the judgment dated 27.10.2009, by the Allahabad High Court, confirming his conviction under section 302 read with Section 34 of the Indian Penal Code, 1860 (‘IPC’, for short) and section 27 of the Arms Act, 1959, for the murder of Abhaiveer Singh Bhadoria @ Munna on 15.07.1999 at about 9 am. The appellant has also challenged the sentence of life imprisonment and fine of Rs. 11,000/- imposed by the Trial Court and confirmed by the High Court. Homicidal death of Abhaiveer Singh Bhadoria @ Munna on 15.07.1999 at about 9 am near the house of one Shivraj Singh m Sengar is not challenged and disputed before us. The said factum has been proved, without any doubt, by documentary and ocular evidence which we would notice below and also by the post mortem report Ex.A/2 proved by Dr. Balbeer Singh (PW-3), who was then working as a surgeon in the District Hospital Itawa. He has deposed that Abhaiveer Singh Bhadoria @ Munna had died as a result of as many as 5 firearm injuries that he had identified by mreferring to five entry and five exit wounds. We shall subsequently refer to Dr. Balbeer Singh’s (PW-3) testimony as to the time when he had received the dead body of Abhaiveer Singh Bhadoria @Munna and the details and documents made available to him by the Investigation Officer.