BRIJ MOHAN LAL, J.

( 1 ) THIS is a reference by the learned Sessions Judge of Barabanki recommending that the conviction of one Asharfi Lal recorded by a learned Magistrate of Barabanki under Section 228, penal Code be set aside.

( 2 ) IT appears that Asharfi Lal was tried by the Panchayati Adalat of Baraeli in the district of barabanki of an offence punishable under Section 403, Penal Code. On 26-12-49 the Panchayati adalat pronounced judgment of conviction against Asharfi Lal and inflicted on him a fine of Rs. 45. Immediately on hearing the sentence Asharfi Lal abused the Panches and swore in open court that he would kill them. Thereafter he stood in front of the Court room door, lathi in hand, ready to assault the Panches.

( 3 ) THE complaint was sent by the Sarpanch to the Sub-Divisional Magistrate and this led to asharfi Lals prosecution. His trial was summary and he was sentenced to a fine of Rs. 60.

( 4 ) IN revision the Sessions Judge was of the opinion that no offence had been committed.

( 5 ) I have gone through the judgment of the learned Sessions Judge and have listened to the arguments advanced by the learned counsel who appears in support of this reference. Several po

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