LACHMI Vs. SOMAROO

JUDGEMENT

(1.) THIS case was referred to a Full Bench by a learned Single Judge, as in his view, an important question of law arose for decision which was likely to arise in other cases.

(2.) A complaint was filed by one Sumaroo against Roop Narain and his two sons, Lachmi and bhaggan, under certain sections of the Indian Penal Code. The Sarpanch constituted a Bench of five Panches whose names were Parshotam Dass, Chairman, Raghunath Prasad, Misri Lal, harihar Prasad and Ram Lakhan. During the course of the proceedings, it appears that two of the panches, Harihar Prasad and Ram Lakhan, were replaced by two new panches Bhagirathi and ram Adhar Singh. As regards Bhagirathi there is a paper on the file, paper No. 21 from which it appears that a report was made by Parshotam Dass, Chairman, and Misri Lal that Harihar Prasad was not in banaras and that, therefore, some difficulty was felt in getting the quorum. On this report the sarpanch passed an order that the only other panch available from the Gaon Sabha of one of the parties was Bhagirathi and, therefore, he was being appointed. It was said by the learned counsel at the Bar that Ram Lakhan had fallen ill and he was replaced by Ram Adhar Singh. The fact that Ram Lakhan was replaced by Ram Adhar Singh is mentioned in the supplementary affidavit and it is not denied in the counter-affidavit filed on behalf of the complainant, but in what circumstances and on what date is not clear from the file.

(3.) ON the 3rd August, 1952, the three Panches originally appointed, that is, Parshotam Dass, ragunath Prasad and Misri Lal and the two new panches, Bhagirathi and Ram Adhar Singh, delivered a judgment in the case. Bhagirathi gave a dissenting judgment and the other four decided in favour of the complainant and convicted the accused and sentenced them to pay various amounts as fine. There was a revision filed against that order in the court of the sub-Divisional Magistrate, 1st Class, Banaras, taut the learned Magistrate dismissed the revision on the 26th of November, 1952.