OMBIR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri Jitendra Kumar, learned counsel for the appellant and Sri K.N. Bajpai, learned A.G.A. assisted by Sri Rajeev Lochan Shukla, learned counsel for the complainant and perused the record.

(2.) THIS criminal appeal has been filed challenging the validity and correctness of the judgment and order of conviction and sentence dated 30.10.2007 recorded by Additional Sessions Judge, Court no. 1, Etawah in Sessions Trial No. 158 of 2004, State Vs. Ombir Singh and another, whereby the court convicted the appellant under section 302 IPC read with section 34 IPC and section 27, Arms Act sentencing him to life imprisonment with fine of Rs. 10000/- . It is further provided in the order that in default of payment of fine, further rigorous imprisonment for one year for the offence punishable under section 302 IPC read with section 34 IPC.

(3.) THE first information report of the incident was lodged by Dinesh Singh, brother of deceased Munna on 15.7.1999 at 9.20 A.M., at Police Station Civil Lines, Etawah. It was averred in the written report that on 15.7.1999 at about 9 A.M. the complainant alongwith his brother Abhaiveer Singh Bhadoria alias Munna, Mukesh Singh and Virendra Kumar Chaudhary, came just ahead of Shastri Chauraha in the town of Etawah by Tata Sumo No. UP 75-B 4489. They all alighted from the vehicle as Munna was scheduled to meet Shivraj Singh Sengar and they all started towards his house. Munna was ahead of the complainant and others. As soon as Munna reached near the house of Shivraj Singh Sengar, accused appellant Ombir Singh and Shivbir Singh armed with rifles, Rockey also armed with rifle and Pramod Singh armed with pistol, appeared there. They all belong to the village of the complainant. On the exhortation of Shivbir Singh that Munna be killed, they all opened fire on Munna, due to which he received injuries and died on the spot near the handpump. It is also stated that when the complainant and others tried to come to the rescue of Munna, they were challenged by the accused persons, hence they retracted. Thereafter the assailants ran way in the direction from which they had come.