SURMA RAM Vs. DES RAJ

JUDGEMENT

(1.) THE petitioner has moved this petition under Article 227 of the Constitution of India with a prayer for setting aside the order dated 30.9.1981 passed by Chief Judicial Magistrate, Hamirpur, by which the appeal of the petitioner preferred against the border of Gram Panchayat Lambri dated 11.6.1981 was dismissed as time barred.

(2.) THE facts are that Des Raj complainant therein after the respondent) filed a complaint against the accused (hereinafter petitioners) in Gram Panchayat Lambri (hereinafter Panchayat) under Sections 323/334/352- IPC in January 1981. The Panchayat issued summons to the petitioners requiring them to appear before the Panchayat on 11.3.1981. Only Parshotam Dass petitioner appeared before the Panchayat on 11.3.1981. He gave an undertaking that he would produce Kashmir Singh and Surma Ram (petitioners) on 27.3.1981. On 27.3.1981 all the parties appeared before the Panchayat and their statements were recorded by the Panchayat. The case was adjourned to 11.4.1981. Kashmir Singh (petitioner) absented himself and ex parte proceedings were ordered against him. Surma Ram and Parshotam Dass (petitioners) were present and in their presence statements of witnesses of the respondent were recorded. The case was adjourned to 9.5.1981 for the evidence of the petitioners. On 9.5.1981 all the petitioners absented themselves and the case was adjourned to 27.5.1981. Again on 27.5.1981 the petitioners were not present. Some evidence was recorded in the absence of the petitioners and the case was adjourned to 11.6.1981. On 11.6.1981 the petitioners were again not present and ex-parte proceedings were ordered against the petitioners. The Panchayat also decided the complaint on 11.6.1981 by imposing a fine of Rs. 60/- on Parshotam Dass, Rs. 35/- on Kashmir Singh and Rs. 5/- on Surma Ram. They were directed to deposit the fine amount within a period of 30 days.

(3.) DISSATISFIED with these judgments, the petitioners have now filed this petition.