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1938 DIGILAW 111 (MAD)

Atla Veeraswamy Reddi v. Gunisetty Venkataswamy

1938-03-25

HORWILL

body1938
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.