DIGAMBAR ARUK Vs. NANDA ARUK

JUDGEMENT

(1.) THE three petitioners were tried before the Adalti Panchayat of Amrutmanohi for an offence under Section 323, I. P. C. and petitioner No. 1 was sentenced to a fine of Rs. 20/- and petitioners Nos. 2 and 3 to a fine of Rs. 10/- each. They filed a revision petition before the Sub-Divisional Magistrate of Kendrapara against their conviction and sentence alleging various irregularities in the trial. Bait the Sub-divisional Magistrate declined to interfere.

(2.) THE Amrutmanohi Adalti Panchayat was constituted under the provisions of the Orissa Grain Panchayats Act 1948 and the procedure to be followed by the Panchayat for the trial of offences is fully described in Chapter VII of that Act and the various rules framed thereunder. An offence under Section 323, I. P. C. , is one of the offences cognizable by an Adalti Panchayat under Section 64 (1) of the Act. The procedure before the Adalti Panchayat is summary and Section 82 of the Act directs every Adalti Panchayat to dispose of all cases as promptly as possible preferably on the very day on which the accused appears. Section 84 of the Act provides that the decision of the Adalti Panchayat shall be according to Justice, equity and good conscience and that the Panchayat is not bound by laws of evidence or procedure other than those prescribed in the Act and the rules made thereunder. Section 94 prohibits a lawyer from appearing before a Panchayat and as the constitutionality of this section is under challenge I may quote it in full.

(3.) RULE 200 of the Orissa Gram Panchayats Rules says that if the accused does not plead guilty the Panchayat shall hear the complainant if any, and take all such evidence as may be produced in support of the prosecution and also hear the accused and take all such evidence as he produces in his defence. It further says that only a summary of the evidence of each witness will be recorded in the appropriate place in the register of cases. Rule 195 further says that in all criminal cases and civil suits, witnesses shall be examined on oath or solemn affirmation Rule 201 (1) requires the Adalti Panchayat to examine the accused after the evidence has been recorded and then pronounce a Judgment of conviction or acquittal.