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Atla Veeraswamy Reddi Vs. Gunisetty Venkataswamy - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in175Ind.Cas.874
AppellantAtla Veeraswamy Reddi
RespondentGunisetty Venkataswamy
Excerpt:
criminal trial - conviction magistrates signing judgment not hearing all evidence--conviction is illegal. - orderhorwill, j.1. mr. ch. sambaiya who sigaed the judgment and the proceedings of november 10, 1937, seems not to have been present at the hearing of the other witness on october 23, 1937.2. a conviction is illegal if the magistrates who signed the judgment did not hear all evidence.3. the conviction has, therefore, to be set aside. in view of the petty nature of the offence and the weak complainant to the property, a re-trial is not necessary.4. the petition is, therefore, allowed and the conviction set aside.
Judgment:
ORDER

Horwill, J.

1. Mr. Ch. Sambaiya who sigaed the judgment and the proceedings of November 10, 1937, seems not to have been present at the hearing of the other witness on October 23, 1937.

2. A conviction is illegal if the Magistrates who signed the judgment did not hear all evidence.

3. The conviction has, therefore, to be set aside. In view of the petty nature of the offence and the weak complainant to the property, a re-trial is not necessary.

4. The petition is, therefore, allowed and the conviction set aside.


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