SHOUKAT ALI Vs. STATE

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution by which the petitioners challenge their conviction by a bench of the Gram Cutchery of Manwarparsi, constituted under the Bihar Panchayat Raj Act, 1947, for an offence punishable under Section 143, Penal Code and their sentence of one month's rigorous imprisonment each as being without jurisdiction.

(2.) The case against the petitioners, who are eight in number, was that in the early hours of the 31st January 1952, that is, at about 3 A.M. they were found in an orchard to the west of village Parsi sitting together and engaged in a conversation. The conversation which was taking place between them was deposed to by two witnesses to have been to the effect that, when the Mukhia or Swayang Sevak would demand payment of taxes, they would break his head and they were further saying that they should keep their party intact. It was in respect of this conversation only that the conviction of the petitioners under Section 143, Penal Code, has been recorded by the Gram Cutchery.

(3.) A bench of the Gram Cutchery has been given concurrent jurisdiction with that of the Criminal Court for the trial of certain offences enumerated in Section 62, Bihar Panchayat Raj Act. 1947, and amongst the offences so enumerated, there appears Section 143, Penal Code. The argument in support of this application was that the Gram Cutchery can only assume jurisdiction if the facts alleged against the accused constitute one of the offences enumerated in Section 62 of the Act and that, if the facts so alleged do not constitute any of those offences, the conviction would be without jurisdiction.