SHEO MURAR Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision under Sections 435/439, Criminal P. C. , and under Articles 226 and 227 of the Constitution of India against the order of S. D. M. Malihabad, Lucknow dismissing an application in revision against the order passed by the Panchayati Adalat, Gonda moazam Nagar.

(2.) IT appears that a complaint was instituted under Sections 379/511/504/506, Penal Code, before the Panchavati Adalat of Gonda Moazamnagar. The allegations made by the complainant were that his gram crop was being stealthily removed from his field. When he noticed the loss on the 17th March and again on 18-3-1952 he made a complaint to the Mukhia, who asked him if he suspected anybody of the theft. The complainant told the Mukhia that he had no idea as to who had committed the theft. The Mukhia advised him to keep a watch and find out the culprits. The complainant then sat stealthily near the 'mend' of his field on the evening of 19-3-1952, when, at about 7 p. m. the four applicants came to the field. They had lathis in their hands. They looked on all sides and then started uprooting gram plants. Just then the complainant emerged from his hiding and challenged the applicants. The applicants then chased the complainant, abused him and decamped. This was followed by a complaint to the Panchayati Adalat. The panchayati Adalat found the applicants guilty and imposed a fine of Rs. 30/- under Sections 379/511 and Rs. 25/- and Rs. 20/- respectively under Sections 504 and 506, Penal Code. The applicants went in revision under Section 85, Panchayat Raj Act, to the Sub-Divisional magistrate who dismissed it. They have now come up to this Court in revision.

(3.) IT is conceded by the learned counsel appearing on behalf of the applicants that Section 435, criminal P. C. , has no application to this case and the learned counsel for the applicants has stated that he confines his application to Article 227 of the Constitution.