JUDGMENT Ryves, J.
1. In this case Avadh Behari Lal was sent up for trial under Sections 218, 409 and 466 of the Indian Penal Code on eight, counts and wit convicted on four counts under Sections 409 and 466, It seems to ma that this is in contravention of the plain wording of Section 234 of the Criminal Procedure Code. According to the ruling of the Privy Council in the well known care of Subrahmania Ayyar v. King-Emperor 25 M. 61; 11 M. L. J. 233; 3 Bom. L R. 510; 23 I. A. 257; 5 C. W. N. 866; 2 Weir. 271; 8 Sur P. C. J. 160 (P. C)., the trial is illegal. I, therefore, set it aside and direct that the accused be retried according to law, that is to say, on three counts only. Having set aside his conviction, I direct that he be relapsed on his giving bail to the satisfaction of the District Magistrate.