AJODHIYA SINGH Vs. BALESHWAR SINGH

JUDGEMENT

(1.) This is an application in revision against an order of the Assistant Sessions Judge of Gonda directing a Magistrate to transfer a complaint to the Panchayati Adalat. The facts of the case briefly are these : The complainants and the accused live in a small hamlet Dhauria of village Gohsarai, police station Nawabganj. The house of the complainant Ajodhya Singh is opposite the house of the accused Chhattarpal Singh with a narrow lane intervening. Sometime ago Ajodhya Singh made a construction in a part of the narrow lane which diverted the flow of water towards the house of Chhattarpal Singh. Chhattarpal Singh thereupon tried to divert the flow of water towards the house of Ajodhya Singh. Ajodhya Singh remonstrated whereupon Chhattarpal Singh and the other three accused, who are opposite parties, belaboured Ajodhya Singh and his cousin Ram Kumar Singh with lathis. Ajodhya Singh received six injuries including a fracture of the left thumb and Bam Kumar Singh received seven injuries including a fracture of the forearm and the phalanx.

(2.) Ajodhya Singh and Ram Kumar Singh filed a complaint in the Court of a Magistrate of Gonda against the opposite parties under Section 325, Penal Code. After recording the prosecution evidence the Magistrate came to the conclusion that the four accused had indeed inflicted the injuries received by the complainants and convicted them under Section 325, Penal Code and sentenced each of them to one month's E. I. and a fine of Es. 50. Against this order there was an appeal by the accused. The lower appellate Court came to the conclusion that inasmuch as it was not found who Inflicted the grievous injuries on the complainants, none of the accused could be convicted under Section 325, Penal Code because Section 34, Penal Code did not apply to the case. The case in its opinion was, therefore, one which fell within the purview of Section 323, Penal Code and could be tried by a Panchayati Adalat. It, therefore, quashed the order of the Magistrate and directed that the complaint be transferred by the Magistrate to the Panchayati Adalat for trial under Section 323, Penal Code de novo.

(3.) In this application in revision it has been urged that the lower appellate Court was not justified in transferring the case to the Panchayati Adalat.