JUDGMENT M. R. Verma, J. (Oral): Heard. Admit. The learned counsel state that the matter can be heard and disposed of today itself. Hence, the matter finally heard. 2. The petitioner has been convicted by Gram Panchayat Chandi Branda under Section 504 of Indian Penal Code on the allegation that she threw ash on the complainants. The appeal against her conviction and sentence f preferred by the petitioner / accused in the court of learned Additional Chief Judicial Magistrate, Rampur, was dismissed vide order dated 18.3.1998. Her Revision before the learned Sessions Judge, Rampur also stood dismissed on the ground that Revision against the order passed by the learned Additional Chief Judicial Magistrate exercising the appellate jurisdiction under the Panchayati Raj Act was not maintainable before him. Hence, the present petition under Section 482 of the Criminal Procedure Code and Article 227 of the Constitution of India. 3. The short complaint against the petitioner lodged by Ganga Devi and Phool Dassi is that they had gone to take the receiver and when it was demanded Durga Devi threw ash on their heads whereas they have not said anything. 4. Section 504 of the Indian Penal Code reads as follows: "504. Intentional insult with intent to provoke breach of peace — Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both." As is evident from the bare reading of the above provisions, to constitute an offence under Section 504 I.P.C. there must be: (a) intentional insult, (b) the insult must be such as to give provocation to the person insulted, and (c) the accused must intend or know that such provocation would cause him to commit breach of public peace or any other offence. There is no allegation in the complaint that the petitioner - accused knew or intended that her act would provoke the complainants to cause breach of public peace or commit any other offence. Thus, in the complaint an offence under Section 504 IPC was not made out. 5. There is no allegation in the complaint that the petitioner - accused knew or intended that her act would provoke the complainants to cause breach of public peace or commit any other offence. Thus, in the complaint an offence under Section 504 IPC was not made out. 5. The procedure for trial of a person accused of the commission of an offence before the Panchayat is contained in Chapter-IV of the Himachal Pradesh Panchayati Raj (General) Rules, 1997. When a complaint is received, the Pradhan or in his absence the Up- Pradhan of the Gram Panchayat is required to constitute a Bench of three members keeping in view the provisions of Section 30 of the Panchayati Raj Act for the trial and decision of the case. In the instant case no such Bench has ever been constituted as is evident from the records of the Panchayat. Without Constitution of a Bench the complaint could not have been heard by any of the Panches present at a sitting. 6. Rule 51 of the H.P. Panchayati Raj (General) Rules, requires that while trying a criminal case, as in hand, charge or charges made against him and shall thereafter record prosecution evidence and thereafter examine the accused and his defence. In the present case neither any copy of the complaint appears to have been furnished to the accused nor the charges / accusations were ever put to her. Her statement is straight-way recorded without making her aware of the charge or accusations against her. 7. For the illegalities committed, as pointed out here-in-above, the conviction of the petitioner is un-sustainable. 8. As a result this petition is allowed and the order dated 18.3.1998 passed by the Additional Chief Judicial Magistrate and the order dated 12.6.1997 by the Gram Panchayat are set-aside and the petitioner / accused is acquitted of the accusations against her. Fine, if recovered, be refunded to the petitioner.