Noora vs State - 1956 Supreme(All) 435

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1956 Supreme(All) 435

D. N. ROY
Noora – Appellant
Versus
State – Respondent

Advocates appeared:
D. Sanyal, For the Appellant /

JUDGMENT

D.N. Roy, J. - In a summary trial the applicant Noora was convicted by a Magistrate u/s 456, I.P.C. and sentenced to three months' rigorous imprisonment. In appeal the learned Addl. Sessions Judge altered the conviction to one u/s 447, I.P.C. and maintained the sentence. As against that order Noora has come up in revision to this Court and the only ground that has been passed on his behalf is that the offence u/s 447, I.P.C. having been exclusively triable by the Panchayati Adalat, the appellate court should have ordered the case to be transferred and tried de-novo by the Panchayati Adalat.

2. The facts found were these. On the night between the 30th and 31st of May, 1953, the applicant had entered into the gher of Ajaib Singh with a view to commit theft of his cattle. Ajaib Singh woke up and he raised and alarm and he chased the applicant with the help of some others and arrested him. In the morning the applicant was taken to the police station where a report was lodged. The applicant's plea that at about 4 in the night he had gone out to ease himself and when he was passing by the side of Bitora he was chased and arrested by Ajaib Singh with other persons, was not accepted

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