GIANI RAM Vs. ATTAR CHAND

JUDGEMENT

(1.) The only question which arises for decision in this appeal is whether the order of the Magistrate Ist Class, Rohtak, dated 30-7-1958, is without jurisdiction and therefore illegal and void as found by the learned Sessions Judge and whether the lower appellate Court was justified in setting aside the said order without considering the appeal on the merits.

(2.) Giani Ram brought a complaint against Attar Chand and 4 others under Ss. 447, 448/147 of the India Penal Code. The learned Magistrate, however summoned only Attar Chand and Gurdas Mal and after trial found them both technically guilty of the offence under S. 447, Indian Penal Code. On this finding they were fined Rs. 51/- each.

(3.) Feeling aggrieved the two accused went up in appeal to the Court of the learned Sessions Judge. The lower appellate Court has observed that after recording preliminary enquiry the learned Magistrate had summoned Attar Chand and Gurdas Mal only under S. 447 of the Indian Penal Code and offence under this section being triable by the Gram Panchayat, the Magistrate should have transferred the proceedings to the Panchayat of competent jurisdiction as enjoined by S. 41 of the Gram Panchayat Act. On this finding the appeal was allowed, the order of the trial Magistrate set aside and the accused acquitted.