NOORA Vs. STATE

JUDGEMENT

(1.) In a summary trial the applicant Noora was convicted by a Magistrate Under Section 456, I.P.C. and sentenced to three months' rigorous imprisonment. In appeal the learned Addl. Sessions Judge altered the conviction to one Under Section 447, I.P.C. and maintained the sentence. As against that order Noora has come up in revision to this Court and the only ground that has been passed on his behalf is that the offence Under Section 447, I.P.C. having been exclusively triable by the Panchayati Adalat, the appellate court should have ordered the case to be transferred and tried de-novo by the Panchayati Adalat.

(2.) The facts found were these. On the night between the 30th and 31st of May, 1953, the applicant had entered into the gher of Ajaib Singh with a view to commit theft of his cattle. Ajaib Singh woke up and he raised and alarm and he chased the applicant with the help of some others and arrested him. In the morning the applicant was taken to the police station where a report was lodged. The applicant's plea that at about 4 in the night he had gone out to ease himself and when he was passing by the side of Bitora he was chased and arrested by Ajaib Singh with other persons, was not accepted.

(3.) Section 52 of the U.P. Panchayat Raj Act of 1947; (Act XXVI of 1947), as amended by Act X of 1950, Act VI of 1952, Act XVIII of 1952 and Act II of 1955, provides that an offence punishable Under Section 447, I.P.C. if committed within the jurisdiction of a nyaya panchayat shall be cognisable by such nyaya panchayat. The various other offences cognisable by the nyaya panchayat as enumerated in Section 52 of the Act did not, however, cover the offence punishable Under Section 456, I.P.C. under which the applicant was charged by the Magistrate and under which he had been convicted by the Magistrate on 20-10-1953. Prior to the passing of the Amending Act (No. II of 1955) Section 55 of the U.P. Panchayat Raj Act read as follows: