In Re: Subramania Ayyar Vs. in Re: Subramania Ayyar - Court Judgment

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.

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.