PAYARE LAL vs STATE OF PUNJAB

The Supreme Court held that under Section 8(1) of the Criminal Law Amendment Act, 1952, Section 350 of the Code of Criminal Procedure does not apply to trials before a special judge, as a special judge is not considered a magistrate for this purpose. The Court emphasized that the right of an accused to be tried by a judge who has heard the entire case is fundamental, and any trial conducted without this requirement is incompetent. Consequently, the conviction of the appellant was set aside, and a proper trial was mandated.