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1957 Supreme(MP) 6

DIXIT, SAMVATSAR
AMBARAM KALURAM KULMI – Appellant
Versus
GUMANSINGH RAMJI AND ANR. – Respondent


Advocates Appeared:
K.A.Chitale, S.L.Dubey, W.Y.Pande

DIXIT, J.

( 1 ) THIS petition under Article 227 of the Constitution of India is directed against a decision, of the Additional Sessions Judge, Ujjain, setting aside the convictions and sentences under Sections 504 and 506, I. P. C. of the opponents Gumansigh and kaluram and acquitting them of the offences. The opponents were convicted by the Nyaya Panchayat of Makdon on a complaint filed by the petitioner Ambaram under Section 75 of the Madhya Bharat Panchayat vidhan, 1949. That section and Section 76 confer jurisdiction on Nyaya Panchayats to try certain offences under the Penal Code and under other Acts, limiting the power of the Nyaya Panchayat in the matter of punishment to a fine not exceeding rs. 100/ -. A Nyaya Panchayat under the Act is not competent to sentence any person convicted for any of the offences specified in Section 75 to imprisonment. A Nyaya Panchayat cannot also try persons mentioned in Section 80 and, under section 83 it cannot entertain any complaint with regard to the commission of an offence after the expiry of a period of one year from the date of the commission thereof. Under Section 89 a decision of the Nyaya Panchayat in a criminal case is revisable by






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