RAMESHWAR DAS Vs. TILDHARI DAS

JUDGEMENT

(1.) This is an application against an order' passed by the Full Bench of the Gram Panchayat of Chainpur Baburan in the district of Muzaffarpur dated 11-6-1955, in Case^No. 1 of 1955.

(2.) The two petitioners were tried by the Gram Cutcherry of Baburan on charges of criminal trespass and assault and were convicted, and one of the petitioners was sentenced to pay a fine of Rs. 25/- and the other to pay a fine of Rs. 20/-and in default to undergo imprisonment for two weeks each. From that order of conviction, the convicted men filed an appeal before the Full Bench under the provisions of Section 67 of the Bihar Panchayat Raj Act, 1947. The aforesaid Full Bench considered this appeal and upheld the convictions. The Full Bench, however, considered that the sentence awarded by the Gram Cutcherry was light and, therefore, the sentence was enhanced by sentencing both the convicted men to pay a fine of Rs. 25/- each and also to suffer rigorous imprisonment for fifteen days each. The present application before us accordingly raises the question whether the Full Bench had the jurisdiction to enhance the sentence which had been passed by the Gram Cut-cherry.

(3.) In my opinion, the Full Bench has no such jurisdiction to enhance a sentence which had been imposed by the Gram Cutcherry. The powers of a Full Bench, when an appeal has been filed before it, have been defined in Rule 59 of the Bihar Gram Cuteheny Rules, 1949, the rules having been framed under the provisions of Sub-section (2) of Section 80 of the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948). Sub-rule (1) of Rule 59 is as follows: