Law:

Section:

Punjab Village Panchayat Act (XI of 1939), Ss. 28 & 39­Provisions of S. 28 oust jurisdiction of Magistrate-Exception­----S. 39 (1)-Scope of. The effect of section 28 of the Panchayat Act is to oust the jurisdiction of a Magistrate, the only exception being that where, in view of special circumstances, it is not expedient for the panchayat exercising jurisdiction in the area concerned to try a particular case, it may be transferred by the authorities named in subsection (3) either to another panchayat or to a Magistrate. Subsection (1) of section 39 of the Panchayat Act relates to proceedings subsequent to the trial, and does not alter the fact that the case must in the first instance be tried by a panchayat unless the provisions of subsection (3) of section 28 have been involved. JUDGMENT This is a petition for revision of the order of Mr. Bashir-ud-­Din Ahmad, Sessions Judge, Sialkot, dated the 10th of June 1957, maintaining the conviction of the petitioners, who were found guilty by a Magistrate under section 323, P. P. C. and sentenced to one year's rigorous imprisonment each, but reducing the sentences to three months with a fine of Rs. 100 each or three months rigorous imprisonment each in default. 2. The main ground urged in revision is that the trial was illegal, the alleged offences relating to an area for which a panchayat had been established and the jurisdiction of the Magistrate being consequently ousted by virtue of section 28 of the Punjab Panchayat Act (XI of 1939). 3. The offences in question were committed within the area of village Chhabilpur, which forms part of the revenue estate of Ghuenke. By notification No. 1293-E&P-51/44205, dated the 31st of _July 1951, fifty-three villages were constituted a panchayat area of the above name, Chhabilpur being included as No. 10. Further, by Notification No. 1293-E&P-51 /44206 of the same date a panchayat consisting of seven panches -was established for the Ghuenke area. 4. Within the area of Ghuenke, therefore, all offences enumerated in Schedule I to the Punjab Panchayat Act are cognizable by a panchayat, and section 323, P. P. C. Is one of those offences. 5. Sheikh Ijaz Ali argued that…

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