Candy, J.:— As the Sessions Judge reports that the trial commenced with only one assessor, we must hold that there was no legal trial sections 284, 285, Criminal Procedure Code). See the cases of Queen-Empress v. Bastiano and Queen-Empress v. Babu Lal The error is one which vitiates the proceedings. The Government Pleader drew our attention to section 537. Criminal Procedure Code, but in our opinion the provisions of that section are not applicable to this case in which the Court of Sessions was not properly constituted and thus, there was no legal trial.
We must set aside the proceedings and direct a trial before a properly constituted Court.
As the Sessions Judge of Sholapur has already expressed an opinion on the merits of the case, we direct that the case be transferred to the Court of Sessions at Bijapur.
Re-trial ordered.