STATE Vs. RAKSHPAL SINGH

JUDGEMENT

(1.) RAKSHPAL Singh 'alias' Rajpal Singh and his brothers, Rampal Singh and Ram Singh, along with their father, Makrand Singh, were prosecuted for an offence punishable under Section 325, read with Section 34, Penal Code for voluntarily causing grievous hurt to Ruppa, the complainant. The accused persons were tried by an Honorary Special Magistrate of first class at hardoi. The Magistrate found Rampal Singh and Ram Singh not guilty and acquitted them; but he came to the conclusion that Rakshpal Singh alias Rajpal Singh and Makrand Singh had committed an offence punishable under Section 323, Penal Code and as such the case against them was triable by a Panchayati Adalat. In this view of the case, he transferred it to the panchayati Adalat for disposal.

(2.) AGAINST the order of the Magistrate, Rakshpal Singh and Makrand Singh filed a revision in the court of the Sessions Judge of Hardoi. The learned Sessions Judge was of the opinion that the order of the Magistrate directing the transfer of the case to the Panchayati Adalat was illegal and liable to be set aside. Accordingly, he made this reference.

(3.) THE reference has been supported by the learned Counsel appearing on behalf of the complainant; but it has been opposed on behalf of the accused persons.