High CourtsSingle Bench(1919) 08 MAD CK 0033

In Re: Subramania Ayyar

Madras High Court · Decided on 1 August 1919 · Citation: (1915) ILR (Mad) 304

HON’BLE JUDGES
Ayling, J

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Judgment

1 paragraphs · 76 words
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 ILR (1893) Cal. 870 [followed in Queen-Empress v. Basappa ILR (1895) Mad. 394] and Damri Thakur v. Bhowani Sahoo ILR (1896) Cal, 194. The conviction and sentence are set -aside, and a retrial is ordered.