PATI KUMHAR Vs. AHIV KUMHAR

JUDGEMENT

(1.) This is an application purporting to be under Section 439, Criminal P. C. and Article 227 of the Constitution. The petitioners were convicted by the Gram Cutcherry constituted under the Bihar Panchyat Raj Act, 1947 (Bihar Act 7 of 1948). The incident arose as a result of cattle grazing. When the cattle were seized and being taken to the pound, the accused persons came and committed assault and rescued the cattle. The Subdivisional Magistrate purporting to act under Section 73 of the Act declined to interfere with the conviction, but held that the sentence of imprisonment awarded in default of payment of fine by the Gram Cutcherry was illegal as they had no jurisdiction to impose more than one week's imprisonment in default of payment of fine.

(2.) Three points have been urged in this Court. The first point was that the case having been compromised the Gram Cutcherry acted without jurisdiction in, proceeding with a case, but should have complied with the direction in Section 58 of the Act and given effect to the compromise. The second point was to the effect that the word "cancel" in Section 73(1) (C) of the Act did not empower the Subdivisional Magistrate to partially cancel an order. The third contention was to the effect that the facts stated in the petition of complaint clearly disclosed an offence punishable under Section 392, Penal Code, that is to say, robbery, an offence which the Gram Cutcherry had no jurisdiction to try.

(3.) As to the first contention, Section 58 of the Act states;