KHACCHA Vs. STATE

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 Ss. 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 petitioner's 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 Sec. 51 of the Act. Its criminal jurisdiction is provided in Sec. 75. Offences specified in that Sec. when committed within the jurisdiction of a Nyaya Panchayat are triable by it. Ss. 447, 504 and 506 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 Sec. 76; it cannot award as 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 by Nyaya Panchayat is instituted before a Magistrate, Sec. 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 Vs. Lohere : 1960 JLJ 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 complaint and his witnesses; and thereafter shall hear the accused and the defence evidence. If the accused admits his guilt he may be convicted without farther trial.