SANT PRASAD Vs. STATE

JUDGEMENT

(1.) This is an application by Sant Prasad, Jagdamba Prasad Meghai and Earn Adhar, residents of village Bhewanigarh, in the Pratapgarh district, for the exercise of the revisional powers of this Court under Sections 435/439, Criminal P. C. read with Article 227, Constitution of India. The applicants were tried by the Panchayati Adalat of Rampur circle and Sant Prasad and Jagdamba Prasad were convicted and sentenced to pay a fine of Rs. 10 each, under Section 323, Penal Code and Maghai and Ram Adhar were convicted and sentenced to pay a fine of Rs. 10 each, under Section 379, Penal Code. The matter was taken-up in revision, which come-up for hearing before the sub-divisional Magistrate of Patti, in the district of Partapgarh. The learned Magistrate refused to interfere in revision. Now, the applicants have made this application.

(2.) The facts and circumstances, which have given rise to this application, are these. On 9.10.1949, one Jhoora Kurmin filed a complaint before the Panchayati Adalat of Rampur against the applicants. In this complaint she alleged that after harvesting the paddy crop in her field in Bhewanigarh. she had stocked it there; that the applicants came together to her field on 6-1-1949, at about 9 or 10 A. M. and forcibly attempted to remove the harvested crop; that when she protested Maghai Pasi and Ram Adhar Pasi pushed her and she fell down; and that after she had fallen down on the ground Jagdamba Prasad advanced towards her with a lathi, but in the meantime village people arrived on the scene and the applicants went away. In the complaint, the valuation of the crop was stated to be Rs. 50.

(3.) It appears from the record that some evidence was recorded by the Panchayati Adalat of Ramapur and then a local investigation was decided upon. The local inspection was made in village Bhawanigarh, where the applicants as well as the complainant reside, by the five panches of the Panchayati Adalat of Ramapur and by three other persons. A document, which purports to be the decision of these eight persons, is dated 14-12-1949, and is on the record. This document bears the signatures of the five panches, who have given decision in this case, namely, Tirath Raj Tripathi, Lachchman DAS, Bhagvati Prasad Chaubey, Earn Dhan Kurmi and Ram Dayal and also of Hata Pher Panch, Raja Ram Yadav and Pateh Bahadur Singh Panch.