SANTOSHI DEVI Vs. CHAUDHARY RAM

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, is directed against the orders made by the learned Sub Divisional Judicial Magistrate, Sarkaghat, Distt. Mandi, dated 10.12.2003, whereby in an appeal filed by the petitioner, under Section 67 of the H.P. Panchayati Raj Act, 1994, her conviction for offences punishable under Section 283 and 427 of the Indian Penal Code was upheld.

(2.) It appears Chaudhary Ram respondent laid a complaint before the gram Panchayat Bakarta, Tehsil Sarkaghat, Distt. Mandi, alleging therein that on 1.7.2002 petitioner Santoshi Devi and one Suresh Kumar stopped carriage of Sand and Bajri of respondent Chaudhary Ram, through a path. This construction material was being carried by Chaudhary Ram on mules of one Diwan Chand to his house. It was also alleged that Santoshi Devi and Suresh Kumar quarreled with the complainant. Relevant part of the complaint reads :

(3.) The petitioner Santoshi Devi and Suresh Kumar were summoned by the Panchayat for 10.7.2002. On that date the complaint was read to both the accused. Petitioner Santoshi Devi admitted the complaint but Suresh Kumar denied it, as is recorded in the orders of Panchayat dated 10.7.2002. On that very day, statements of the complainant, petitioner Santoshi Devi and Suresh Kumar were recorded. Statement of one witness Diwan Chand, owner of the mule, was also recorded. The Gram Panchayat by its order of the same date convicted the petitioner for offences punishable under Section s 283 and 427 of the Indian Penal Code and imposed fine of Rs. 90/- for the offences. However, acquitted accused Suresh Kumar. The Panchayat also directed the petitioner to pay Rs. 400/- as damages to Diwan Chand.