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In Re: Subramania Ayyar - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Reported in29Ind.Cas.329
AppellantIn Re: Subramania Ayyar
Cases Referred and Damri Thakur v. Bhowani Sahoo
Excerpt:
criminal procedure code (act v of 1898), section 530 - bench of magistrates--conviction--some not having heard evidence, effect of. - order1. in this case the petitioner was convicted by a bench of five magistrates, one of whom had not heard all the evidence. this vitiates the conviction-vide section 530 of the criminal procedure code, and hardwar singh lal v. khega ojha 20 c.p 870 [followed in queen-empress v. basappa 18 m.p 394 : 2 weir 17 and damri thakur v. bhowani sahoo 23 c.p 194. the conviction and sentence are set aside, and a re-trial is ordered.
Judgment:
ORDER

1. In this case the petitioner was convicted by a Bench of five Magistrates, one of whom had not heard all the evidence. This vitiates the conviction-vide Section 530 of the Criminal Procedure Code, and Hardwar Singh Lal v. Khega Ojha 20 C.P 870 [followed in Queen-Empress v. Basappa 18 M.P 394 : 2 Weir 17 and Damri Thakur v. Bhowani Sahoo 23 C.P 194. The conviction and sentence are set aside, and a re-trial is ordered.


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