S. M N. Raina, J.

This is an appeal by Parma aged about 25 years who has been convicted and sentenced to rigorous imprisonment for 10 years u/s 307, Indian Penal Code by the Second Additional Sessions Judge, Bhind.

Appellant Parma is a resident of mouza 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 owned 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 Baghunath and others to the house of Sobran. Parma appellant, who was armed with a gun fir