.... 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...Section 235(2) CrPC held that the hearing contemplated by that sub-section is not confined merely to hearing oral submissions but extends to giving an opportunity to the prosecution and the accused to...

...accused is acquitted either under Sections 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...be adopted and the conclusion of trial is indicated.25. What is relevant for our purpose are Sections 232 and 235 CrPC which read as hereunder...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 released on...

...) of the Code of Criminal Procedure. Section 235(2) CrPC reads as follows:“235. Judgment of acquittal or conviction.—(1) After hearing arguments and points of law (if any...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 the accused...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...

...remanded to the High Court 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...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 conviction is under Section 304-B IPC. The mandatory...procedure under Section 235 CrPC by this Court or for remand in that regard to the High Court.37. The conviction and sentence against the third and the fourth accused...

...down under Section 235(2) of the Code of Criminal Procedure (for short “CrPC”) before enhancing the sentence of life imprisonment to death. The learned counsel pointed out that having regard to the...Section 235(2) CrPC was fully complied with and there is no reason to upset the conviction/sentence awarded by the High Court.33. We heard the learned counsel on either side...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 made available and we went through those records...

...number of items charged in the four cases exceeded three.13. Lastly, reference was made, on behalf of the appellant to Section 235 CrPC and it was urged that all these...Section 397, CrPC provides that when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such imprisonment shall commence at the expiration...Section 222 CrPC and that if he had been so charged, the charge for misappropriating the total amount would nave been the charge for one offence and the appellant would have been tried on such one charge...

...convicted vide 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...hereby convicted vide 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...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...

.... 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...Code of Criminal Procedure, 1908 (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....4. The learned counsel for the appellants took us through different provisions dealing with the aspect of compensation under the CrPC.5. In respect...

...Law Commission recommended that hearing of the accused was most desirable before passing any sentence against him. This recommendation was accepted and 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 as follows...Section 354(3) CrPC in our sentencing procedure. The learned Chief Justice held that the obligation to hear the accused on the question of sentence under Section 235(2) of the 1973 Code is not discharged...

...:Order1. Acting under Section 235 CrPC, the accused is acquitted for the offence punishable under Section 302 IPC...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...admittedly when the deceased had come to her house, had caught fire and subsequently died when she was taken by the accused to the hospital. The complete denial of the accused under Section 313 CrPC...

...Allauddin Mian v. State of Bihar (1989) 3 SCC 5 and against the spirit of Section 235(2) CrPC...requirement of sub-section (2) of Section 235 of the Code.”14. Sub-section (2) of Section 235 CrPC obliges the Court to hear the accused on the question of sentence...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...

...charged with, in view of the provisions of Sections 234 and 235 of the Code of Criminal Procedure. We are of opinion that the provisions of Section 235 CrPC, would not have justified one trial for all these..., 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...(under Section 234 CrPC). The LDGC opened his case and examined the following witnesses.”The learned Sessions Judge opened his judgment with the...

...from the stage of 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...statement of the 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...

....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...respect of 3rd charge:A.1, A.3 and A.5 found not guilty for the offence punishable u/sec. 324 r/w. 149 of IPC., and they have acquitted from their charges u/sec. 235(1) of...

...learned counsel also made a grievance about non-compliance with the provisions of Section 235(2) CrPC and relied upon the decision reported in...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) CrPC, cannot be accepted and that though the normal...at the time of argument. In the light of the above, the appellant cannot make any legitimate grievance at any rate on the alleged non-compliance with Section 235(2) CrPC. The contention in this...

...charges 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... 258 306. While discussing Section 235(2) CrPC, this Court, in Santa Singh v...

...later on, could not be ruled out, and that the statutory 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...noticed above, Ganguly, J. has made some observations on the omission of the trial court in dealing with the question of sentence on the principles underlying Section 235 read with Section 354 CrPC. We...

...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 question of sentence inasmuch as they...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 attention to the judgment of this...Court in Santa Singh v. State Of Punjab . (1976) 4 SCC 190. While dealing with the true scope of Section 235(2) CrPC, this Court observed...

...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 hearing on sentence or parties...Procedure, 1973. Whenever an appeal court finds that the mandate of Section 235(2) CrPC for a hearing on sentence had not been complied with, it, at once, becomes the duty of the appeal court to offer to the...