JUDGMENT

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.

2. Homicidal death of Abhaiveer Singh Bhadoria @ Munna on 15.07.1999 at about 9 am near the house of one Shivraj Singh 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 referring to five entry and five exit wounds. We shall subsequently refer to Dr. Balbeer Singh's (PW-3) testimony as to the time