- (1.) I have had the benefit of reading the judgment of my brother Desai. I agree with him that the panchayati Adalat is not bound by the provisions of the Criminal P. C. and if for the three offences it did not pass separate sentences, it cannot be said that the sentence is illegal provided the sentence passed by it is within its competence.
(2.) AS regards the second contention that the bench was not constituted in accordance with the provisions of Section 49 (2), Panchayat Raj Act, two points were raised before us: firstly, that the decision was given by as many as seven panches and, secondly, that there was only one panch from village Hajiganj to which the complainant and the accused belonged while there should have been two.
(3.) AS regards the first point, we gave the appellant an opportunity to establish that the bench consisted of more than five panches or that more than five panches had taken part in the proceedings or pronounced, the judgment. Learned counsel admitted that he had no instructions on the point and was not able to substantiate the same. The affidavit in support of the allegation has not been properly sworn and cannot, therefore, be relied upon.;