In Re: Subramania Ayyar Vs. in Re: Subramania Ayyar

In Re: Subramania Ayyar vs In Re: Subramania Ayyar

Type Court Judgment Court Chennai Decided Aug 01, 1919

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Citation: sooperkanoon.com/793785
Court: Chennai
Judge: Ayling, J.
Decided On: Aug 01, 1919
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Magistrates, bench of - Magistrate, convicting who has not heard all the evidence--Criminal Procedure Code (Act V of 1898), Section 530. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Subramania Ayyar

Respondent

In Re: Subramania Ayyar

Legal References

Cases Referred: and Damri Thakur v. Bhowani Sahoo I.L.R.
Reported In: (1915)ILR38Mad304

Excerpt

magistrates, bench of - magistrate, convicting who has not heard all the evidence--criminal procedure code (act v of 1898), section 530. - order1. in this case the petitioner was convicted by a bench-of five magistrates, one of whom had not beard all the evidence. this vitiates the conviction-vide section 530 of the criminal procedure code, and hardwar sing or lall v. khega ojha i.l.r. (1893) cal. 870 [followed in queen-empress v. basappa i.l.r. (1895) mad. 394] and damri thakur v. bhowani sahoo i.l.r. (1896) cal, 194. the conviction and sentence are set -aside, and a retrial is ordered.

Full Judgment

ORDER

1. In this case the petitioner was convicted by a Bench-of five Magistrates, one of whom had not beard all the evidence. This vitiates the conviction-vide Section 530 of the Criminal Procedure Code, and Hardwar Sing or Lall v. Khega Ojha I.L.R. (1893) Cal. 870 [followed in Queen-Empress v. Basappa I.L.R. (1895) Mad. 394] and Damri Thakur v. Bhowani Sahoo I.L.R. (1896) Cal, 194. The conviction and sentence are set -aside, and a retrial is ordered.

Same Parties In Re: Subramania Ayyar vs In Re: Subramania Ayyar Same Subject Criminal Same Judge Ayling, J.

Criminal