PANNA FODALIYA Vs. STATE OF M.P.
HIGH COURT OF MADHYA PRADESH
STATE OF M.P.
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(1.) THIS is an appeal by Parma aged about 25 years who has been convicted and sentenced to rigorous imprisonment for 10 years under S.307, Penal Code by the Second Additional Sessions Judge, Bhind.
(2.) APPELLANT Parma is a resident of mouza Bhat Pura which is at a distance of about 2 to 3 miles from mouza -Litiya -pura. Fodalia, father of the appellant and Hubba, cousin of the appellant owned some agricultural land in mouza Litiya -pura. They sold the land to deceased Sobran and his cousin Mahadeo (P.W. 5 ) Fodalia wanted this land to be sold back to him, but Sobran and Mahadeo declined. This led to a quarrel and also litigation between the parties. Doji is the elder brother of the appellant Parma.
The case of the prosecution is that on account of the aforesaid dispute over the land Doji wanted to take revenge on Sobran and Mahadeo. He, therefore, absconded from the village and joined a gang of dacoits led by Madhosingh. On 15 -10 -67, appellant Parma brought a gang of dacoits to village Litiyapura. Some of them went to the houses of Mahadeo (P.W. 5), some to the house of deceased Raghunath and others to the house of Sobran. Parma appellant, who was armed with a gun fired at Raghunath, Ramswarup and Jagdish. Raghunath and Ramswarup were killed while Jagdish sustained a grievous injury. Sobran and Sardarsingh were shot dead by other dacoits. According to the prosecution the appellant abetted commission of their murder.
(3.) THE appellant was thus, tried on a charge of murder of Raghunath and Ramswarup under S.302, Penal Code and of abetment of murder of Sardarsingh and Sobran under S.302 read with S.114, Penal Code. He was also tried on a charge under S.307, Penal Code for attempting to commit murder of Jagdish under S.307, Penal Code. The appellant abjured his guilt and his defence was that he was not at all present at the spot. The trial Court acquitted the appellant of the charges of murder as well as of the charge of abetment of murder, but convicted him of an offence under S.307, Penal Code for attempting to commit murder of Jagdish. Being aggrieved thereby the appellant has preferred this appeal.;
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