( 1 ) THIS revision has been filed by one Ganga Prasad who was convicted by a Magistrate of the first class for offences punishable under 8. 523, Penal Code and Section 121, Railways Act, and sentenced to two months rigorous imprisonment for the former and to a fine of rs. 50, for the latter offence. In default of the payment of fine, he was to undergo simple imprisonment for one month. Ganga Prasad appealed before the learned Sessions Judge who set aside the conviction and sentence of Ganga Prasad appellant for the offence punishable under Section 121, Railways act, but upheld his conviction and sentence for the offence punishable under Section 323, Penal code.

( 2 ) LEARNED counsel has urged that once the learned Sessions Judge had set aside the conviction of the appellant under Section 121, Railways Act, the case became one of which a Panchayati adalat could have taken cognizance under Section 52, IT. P. Panchayat Raj Act, 1947, and hence the case should have been sent to the Panchayati Adalat and the conviction and sentence of the appellant under Section 323, Penal Code, should also have been set aside by the learned Sessions judge. This argument advanced by the