Decided on October 24,1969

PARMA Appellant


- (1.) THIS is an appeal by Parma aged about 25 years who has been convicted and sentenced to rigorous imprisonment for 10 years under section 307, Indian Penal Code by the Second Additional Sessions Judge, behind.
(2.) APPELLANT Parma is a resident of mourn Bhat Pura which is at a distance of about 2 to 3 miles from mouza Litiyapura, Fodalia, father of the appellant and Hubba, cousin of the appellant ownt d some agricultural land in mouza Litiyapura. 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 house of Mahadeo (P. W. 6), 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. The appellant was thus tried on a charge of murder of Raghunath and Ramswarup under section 302, Indian Penal Code and of abetment of murder of Sardarsingh and Sobran under section 302 read with section, 114 Indian Penal Code. He was also tried on a charge under section 307, Indian Penal Code for attempting to commit murder of Jagdish under section 307. Indian 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 section 307, Indian Penal Code for attempting to commit murder of Jagdish. Being aggrieved thereby the appellant has preferred this appeal.
(3.) IT is clear from the evidence on record that on the date of occurrence the dacoits visited village Litiyapura, armed with guns and shot dead four persons, namely-Sardar Singh, Sobran, Raghunath and Ramswarup while Jagdish sustained a grievous injury. The fact that Jagdish sustained a gun-shot wound is also borne out by the evidence of Dr. Jain (P, W 12). I need not discuss this evidence at length because the fact that Jagdish sustained a gun-shot wound at the time of occurrence has not been disputed.;

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