KHACHU JAGANNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision was referred to the Chief Justice by Sharma, J. , sitting alone, with the recommendation that it be placed before a Bench of two Judges in view of important questions of law involved. The petitioners were tried under Sections 447, 504 and 506 of the Penal Code by the Nyaya Panchayat, Jigni, established under the M. B. Panchayat Act, No. 58 of 1949 (hereinafter called the Act ). The Nyaya Panchayat found the petitioners guilty and punished them with a fine of Rs. 25/- each. Their revision was dismissed by the 1st Additional Sessions Judge, Morena. The petitioners grievance is that the provisions of the Panchayat Act infringe Article 14 of the Constitution inasmuch as in a trial before a Nyaya Panchayat, there is no provision for framing of a charge or for further cross-examination of prosecution witnesses even in a warrant case.

(2.) A Nyaya Panchayat is established under Section 51 of the Act. Its criminal jurisdiction, is provided in Section 75. Offences specified in that section when committed within the jurisdiction of a Nyaya Panchayat are triable by it. Sections 447, 504 and 508 of the Penal Code are some of the offences specified in that section. The limit of punishment which a Nyaya Panchayat can inflict is provided in Section 76; it cannot award a sentence of imprisonment; the maximum limit of fine which it can impose is one hundred rupees, but it cannot award imprisonment even in default of payment of fine. If a case triable fry Nyaya Panchayat is instituted before a Magistrate, Section 77 gives him discretion to transfer it to the Nyaya panchayat having jurisdiction, if he thinks that the case should be tried by it. Deolal v. Lohere, 1960 Jab IJ 246.

(3.) THE procedure for the trial of offences by the Nyaya Panchayat is laid down in Rule 85 of the M. B. Panchayat Rules, Samvat 2008. The Nyaya Panchayat shall explain to the accused the particulars of the offence or offences of which he is accused; shall record statements of the complainant and his witnesses; and thereafter shall hear the accused and the defence evidence. If the accused admits his guilt he may be convicted without further trial.