SHANKAR SINGH Vs. STATE

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge, Hardoi, recommending that the conviction and sentence of Shankar Singh by Sri E.N. Asthana, Judicial Magistrate, under Section 323, Penal Code be set aside.

(2.) It appears that Shankar Singh, the applicant/accused before the lower Court, and 12 others, were prosecuted under Sections 147 and 308, Penal Code. The case was tried by Sri E.N. Asthana, Judicial Magistrate, Hardoi, who framed a charge against all the accused under Sections 147 and 323, Penal Code. The trial of the case proceeded before the learned Magistrate up to its termination. At the time of writing the judgment the trial Court came to the conclusion that none of the accused were guilty of the offence under Section 147, Penal Code. He accordingly acquitted all of them of the said charge. He was also of opinion that none of them, except Shankar Singh were guilty of the offence under Section 328, Penal Code. The trial Court, therefore, acquitted all the accused, except Shankar Singh, under Section 323 as well. He convicted Shankar Singh under the said section and sentenced him to pay a fine of Rs. 20, in default one month's rigorous imprisonment.

(3.) The accused filed a revision before the learned Sessions Judge of Hardoi, who was of opinion that the case under Section 323, Penal Code being exclusively triable by the Panchayati Adalat under the U. P. Panchayat Raj Act (U. P. Act XXVI [26] of 1947), the conviction by the trial Court was ultra vires. He accordingly made a recommendation to this Court that the said conviction be set aside. The case came up for hearing before a single Judge of this Court, who has referred it to a Bench for disposal.