BALDEO Vs. STATE

JUDGEMENT

(1.) THIS is an application under Article 227 of the Constitution for quashing the order of the panchayati Adalat, Derapore, Kanpur, convicting the applicants of offences under Sections 353, 447 arid 428, I. P. C.

(2.) TWO points are taken in this application : One is that the judgment was signed by four Panches and not by all the five panches who constituted the bench for the trial of this case; the second point is that no offence was made out on the allegations of the complainant.

(3.) THE complainant alleged that the accused-applicants had demolished his cattle-trough which stood on the land in front of his house, that the accused placed some 'jhankars' over that land in front of the house and on the complainant's asking them to remove them they were prepared to fight. These allegations, if proved to the satisfaction of the court, could establish the offences of which the applicants have been convicted. It was not necessary for the court to hold that the land in front of the complainant's house really belonged to him. The complainant alleged possession and if he succeeded in establishing it he would succeed in establishing the commission of the offence under Section 447, I. P. C.