.... The High Court confirmed the death sentence and hence this appeal.2. Section 235 CrPC 1974 makes a departure from the previous Code on account of humanist...235(2) CrPC to the appellant to show cause as to why the lesser sentence of life imprisonment should not be inflicted. We may make it absolutely clear that such a failure will not affect the conviction...same. Of course, in that particular case this Court sent the case back to the Sessions Court for complying with Section 235(2) CrPC. It may well be that in many cases sending the case back to the...

...232 or 235 CrPC, by passing an order or pronouncing a judgment, the proceeding gets terminated. While, if the accused is convicted, proceeding still continues because he is to be heard on sentence...shall be ordered through the judgment as contemplated under Section 235 CrPC. Sub-section (2) thereto provides that if the learned Judge does not proceed to give the benefit to the accused of being...235 CrPC is divided into two parts, firstly to record the conviction and if the conviction is recorded the sentence is to be imposed only after providing an opportunity of being heard. While hearing on...

...mandate enshrined under Section 235(2) of the Code of Criminal Procedure. Section 235(2) CrPC reads as follows:“235. Judgment of acquittal or conviction.—(1) After...learned Senior Counsel contended that Section 235(2) CrPC is not a mere formality and in a case when there are more than one accused, it is obligatory on the part of the learned trial Judge to hear...said case, Bhagwati, J. dealt with the anatomy of Section 235 CrPC, the purpose and purport behind it and, eventually, came to hold that:“6. … Law strives to give them...

...since the Court has not followed the mandatory procedure under Section 235 CrPC, in having been denied an opportunity to the appellants to make submissions on sentence.13.... Now, the last question as to whether the case should be remitted back to the High Court for the purpose of Section 235 CrPC, we are of the view that in the present case, it is not necessary. The.... Therefore, this is not a fit case for following the procedure under Section 235 CrPC by this Court or for remand in that regard to the High Court.37. The conviction and...

...Section 235 CrPC and it was urged that all these offences were committed in the course of the same transaction, and therefore they should have been tried at one trial. Assuming, without deciding, that...inasmuch as he was to undergo sentences of imprisonment consecutively.8. Sub-section (1) of Section 397, CrPC provides that when a person already undergoing a sentence of...charged for committing criminal breach of trust with respect to the total amount he had misappropriated, in view of Section 222 CrPC and that if he had been so charged, the charge for misappropriating...

...(for short “CrPC”) before enhancing the sentence of life imprisonment to death. The learned counsel pointed out that having regard to the object and the setting in which the new provision of Section 235...pointed out that the procedure laid down under Section 235(2) CrPC was fully complied with and there is no reason to upset the conviction/sentence awarded by the High Court...an order on 11-4-2012 Criminal Appeal No. 864 of 2006 to produce the original files to examine whether the High Court had followed the procedure laid down under Section 235(2) CrPC. The records were...

...Section 235(2) CrPC for the offence punishable under Section 302 read with Section 120-B IPC to undergo rigorous imprisonment for life and to pay a fine of Rs 2000 (Rupees two thousand only), in default...Section 235(2) CrPC for the offence punishable under Section 302 read with Section 120-B IPC to undergo rigorous imprisonment for life and to pay a fine of Rs 2000 (Rupees two thousand only) in default of...payment of fine amount to suffer further rigorous imprisonment for four months.3. Accused 3 Kishor is hereby convicted vide Section 235(2) CrPC for the offence...

...incorporated while enacting Section 235 CrPC in the 1973 Code within Chapter XVIII of the same under the heading “Trials before Courts of Session”.38. Section 235 CrPC reads...11 Chandrachud, C.J delivering the judgment again had to consider the importance of Section 235(2) and Section 354(3) CrPC in our sentencing procedure. The learned Chief Justice held that the...contemplated under Section 235(2) CrPC is genuinely extended and is allowed to be exercised by the accused who stands convicted and is awaiting the sentence. These two provisions do not stand in isolation but...

.... The other provision referred to is Section 235(2) CrPC. Section 235 CrPC reads as under:“235. Judgment of acquittal or conviction.—(1) After hearing arguments and points of law (if...(hereinafter referred to as “the CrPC”) entitling the Court to impose such a condition for payment of compensation for grant of bail. It is the submission of the learned counsel for the appellants that...learned counsel for the appellants took us through different provisions dealing with the aspect of compensation under the CrPC.5. In respect of the aforesaid, the first...

...1. Acting under Section 235 CrPC, the accused is acquitted for the offence punishable under Section 302 IPC.2. Bail bond of the accused...and P-11 clearly implicate the accused to the entire occurrence.12. In fact, the accused was examined under Section 313 CrPC. In her statement under Section...313 CrPC the court had put as many as 44 questions to the accused bringing out the entire incriminating evidence against her to her knowledge. She only took up the stand of mere denial and said...

.... We are of opinion that the provisions of Section 235 CrPC, would not have justified one trial for all these offences. We do not have the three charge-sheets submitted by the police to the Magistrate..., after enquiry, sent up three charge-sheets under Section 173 CrPC. The Magistrate registered three cases, one with respect to the murder of Lakhan Singh, another with respect to the murder of Bhagwan...CrPC). The LDGC opened his case and examined the following witnesses.”The learned Sessions Judge opened his judgment with the following observation...

...the law laid down by this Court in Allauddin Mian v. State of Bihar (1989) 3 SCC 5 and against the spirit of Section 235(2) CrPC...-section (2) of Section 235 CrPC obliges the Court to hear the accused on the question of sentence and normally it is expected that after recording the conviction, the matter be adjourned to a future...for hearing on sentence was given in the present case by the trial court, as such for violation of Section 235(2) CrPC, the sentence of death cannot be affirmed. We have considered the argument of Ms...

...Section 235 CrPC and to pass order afresh in accordance with law. Separate criminal appeal as well as revision petition preferred by the State of Punjab and the complainant were dismissed by the same order...witnesses under Section 161 CrPC. The accused were arrested and thereafter on completion of usual formalities of investigation, final report under Section 173 CrPC was filed against Raghbir Singh, Baldev...

...punishable u/sec.506(ii) of IPC., and they have acquitted from the charges u/sec.235(1) of Crpc.,In respect of 7th charge:A.2, A.4 and A.5 found not...guilty for the offence punishable u/sec.506(ii) r/w 149 of IPC., and they have acquitted from the charges u/sec.235(1) of Crpc.,In respect of 8th charge...A.1, A.2 and A.5 were questioned u/sec. 235 2) of Crpc., with regard to the quantum of sentence which may be imposed on them; they have replied as follows...

...learned counsel also made a grievance about non-compliance with the provisions of Section 235(2) CrPC and relied upon the decision reported in Santa Singh v. State of Punjab...the third proviso to sub-section (2) of Section 309 CrPC, and observed that the plea made as to the sentence and conviction being recorded on the same day resulting in contravention of Section 235(2...-compliance with Section 235(2) CrPC. The contention in this regard shall stand rejected.7. So far as the challenge sought to be made on merits as to the conviction of the...

...leveled against the appellants beyond reasonable doubt. Sentencing procedure and compliance of Section 235(2) CrPC: 305. Now we shall...proceed to sentencing. A submission was raised that provisions of Section 235(2) CrPC was not complied with. The said provision reads as follows: "235. Judgment of acquittal... 306. While discussing Section 235(2) CrPC, this Court, in Santa Singh v. State of Punjab120, observed as follows...

...obligation cast on the trial court under Section 235(2) read with Section 354(3) CrPC had been violated inasmuch that the accused had not been given adequate opportunity to plead on the question of...trial court in dealing with the question of sentence on the principles underlying Section 235 read with Section 354 CrPC. We are of the opinion that some of the observations made are a little...

...R.K Jain, learned Senior Advocate appearing in support of these appeals, urged that there was total non-compliance of Section 235(2) of the CrPC. The trial court did not hear the appellants on the...Court. The arguments as regards non-compliance of Section 235(2) CrPC was for the first time sought to be raised before us. Learned counsel for the appellants in support of his contention drew our...Court emphasised that Section 235(2) CrPC is mandatory and it must be complied with in true spirit. Non-compliance thereof would not be a mere irregularity which could be cured under Section 465 CrPC. It...

...court, as such for violation of Section 235(2) CrPC, the sentence of death cannot be affirmed. We have considered the argument of Ms Suri. It is true that the convict has a right to be heard before...sentence. There is no mandate in Section 235(2) CrPC to fix separate date for hearing on sentence. It depends on the facts and circumstances as to whether a separate date is required for...(1976) 4 SCC 190 nor is remand the inevitable recipe of Section 235(2), Code of Criminal Procedure, 1973. Whenever an appeal court finds that the mandate of Section 235(2) CrPC for a...