KALIPADA DAS Vs. KIRON BALA DASSI

JUDGEMENT

(1.) THESE two petitioners were tried before the Banibon Union Bench in the district: of Howrah upon a charge under Section 447 of the Indian Penal Code. There was an additional charge under Section 504 of the Code against petitioner No. 1 Kalipada Das. under Section 447, the two petitioners were sentenced to pay a fine of Rs. 15/ - each. In default of payment of the fines under that section, the petitioner Kalipada Das was sentenced to suffer simple imprisonment for seven days while petitioner Chittaranjan Das was sentenced to suffer simple imprisonment for five days. under Section 504 petitioner Kalipada was; further convicted and sentenced to pay a fine of Rs. 10/ -, in default to suffer simple imprisonment for seven days.

(2.) THERE was an application under Section 71 of the Bengal Village Self -Government Act 1919 and the Additional District Magistrate, Howrah -set aside the conviction and sentence passed on the petitioner Kalipada Das under Section 504 of the Indian Penal Code, but affirmed the convictions and sentences under Section 447 of the Code on the two petitioners, who thereafter applied to this Court under Article 227 of the Constitution and obtained the present rule.

(3.) IT Is contended in the first; place that the rules for the conduct of business before the Union Bench were not complied with and this rule led to a failure of Justice, It is said that only one of the several members composing of the Bench held a local inspection and his report was acted upon for the purpose of finding the petitioners guilty of the offences charged. It is said that this contravened Rule 4 of the Rules made under the Village Self -Government Act which reads as follows: The Bench or Court may at any stage of the case or suit hold local enquiry in respect of any matter in dispute between the parties. The word 'Bench' does not appear to have been defined, but Section 65 says: