SURAJMAL DAYARAM Vs. STATE

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge of Guna, recommending that the conviction and sentence of the applicants Suraj Mal and others by the Sub-Divisional Magistrate of Chachoda under Section 323, I. P. C. be set aside.

(2.) IT appears that the applicants were challaned in the Court of the Sub-Divisional Magistrate, Chachoda, for an offence under Section 147, I. P. C. The trial Magistrate did not find the charge under Section 147 prima facie established. He accordingly charged the accused for an offence under Section 323 I. P. C. At the end of the trial the learned Magistrate convicted the accused under Section 323, I. P. C. and sentenced each one of them to pay a fine of Rs. 50/ -.

(3.) THE accused persons filed a revision petition before the Sessions Judge of Guna who was of the opinion that an offence under Section 323, I. P. C. being exclusively triable by the Panchayat Court under the Madhya Bharat Panchayat Vidhan Samvat 2006 (Act No. 58 of 1949), the trial and the conviction of the applicants by the Sub-Divisional Magistrate were illegal. The learned Sessions Judge has accordingly recommended to this Court that the conviction be set aside.