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 (1893) I.L.R., 20 Calc., 870 [followed in Queen-Empress v. Basappa (1895) I.L.R., 18 Mad., 394] and Damri Thakur v. Bhowani Sahoo (1896) I.L.R., 23 Calc., 194. The conviction and sentence are set -aside, and a retrial is ordered.