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Santa Singh Vs. the State of Punjab
Supreme Court of India
Aug-17-1976
Criminal
Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) 1973 - Sections 235, 235(2), 360 and 465
AIR1956SC526; 1976CriLJ1875; 1977MhLJ1(SC); (1976)78PLR855; (1976)4SCC190; [1977]1SCR229; AIR 1976 SC 2386
Criminal - opportunity to be heard - Section 302 of Indian Penal Code, 1860 and Section 235 of Criminal Procedure Code, 1973 - appellant convicted by Sessions Judge under Section 302 and sentenced to death - High Court confirmed … by special leave, raises an interesting question of law relating to the construction of Section 235(2) of the CrPC, 1973. The appellant was tried before the Sessions Judge, Ludhiana for committing a double murder, one of his mother
Tag this Judgment! AI Brief & AskMohammad GiasuddIn Vs. State of Andhra Pradesh
Supreme Court of India
May-06-1977
Criminal
Indian Penal Code (IPC), - Sections 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 248(2), 357 and 360
AIR1977SC1926; 1977CriLJ1557; (1977)3SCC287; [1978]1SCR153
1975 B.C., insited 'on an eye for an eye, a tooth for a tooth'.15. Referring to the earlier Criminal Procedure Code and its deficiency in regard to sentencing, this Court observed in Tejani : 1974CriLJ313 :Finally comes the post-conviction … as a scientific curative for crimogenic factors than on the blind jail term set out in the Penal Code and that may be why western researchers are now seeking Indian yogic ways of normalising the individual and … pharisaic, fulfilment of the pre-sentencing provision in Section 248(2) Cr. P. C. 1973. The opportunity contemplated in the Sub-section has a penological significance of far-reaching … to dynamic judicial use, while dealing with the analogous provisions in Section 235(2):This new provision in Section 235(2) is in consonance with the modern trends
Tag this Judgment! AI Brief & AskMuniappan Vs. State of Tamil Nadu
Supreme Court of India
Mar-18-1981
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2) and 354(3); Indian Penal Code (IPC), 1860 - Sections 302
AIR1981SC1220; 1981CriLJ726; (1981)3SCC11; [1981]3SCR270
The obligation to hear the accused on the question of sentence which is imposed by Section 235(2) of the Criminal Procedure Code is not discharged by putting a formal question to the accused as to what he has to say … be desired. In the first place, the Sessions Court overlooked the provision, contained in Section 354(3) of the CrPC, 1973, which provides, in so far as is relevant, that when the conviction is for an offence punishable with
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Keram Ali Vs. State of Uttar Pradesh
Supreme Court of India
Oct-24-1977
Criminal
Indian Penal Code (IPC), - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2)
AIR1978SC35; 1978CriLJ177; (1977)4SCC433; 1977(9)LC729(SC)
Criminal - opportunity of hearing - Section 302 of Indian Penal Code, 1860 and Section 235 (2) of Criminal Procedure Code, 1973 - appeal filed against conviction of appellant under Section 302 and imposition of death penalty - appellant … appellant has submitted that the Sessions Judge has not complied with the provisions of Section 235(2) of the CrPC, 1973 and given an opportunity to the appellant on the question of the imposition of the sentence. It appears
Tag this Judgment! AI Brief & AskState of Maharashtra Vs. Raju @ Jitu Santoni Amrohi (Pardeshi)
Mumbai
Jul-15-1996
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2); Indian Penal Code (IPC), 1860 - Sections 392 and 397;
1997BomCR(Cri)913
brought to our notice that the accused was not heard as is required under section 235 of the Code of Criminal Procedure, 1973, on the point of sentence. We find Ground No. (XXXVI) in the appeal memo … have passed sentence on the same day without waiting for consideration. This is contrary to section 235(2) of Criminal Procedure Code.'Paragraph 92 of the judgment reads as under --'The accused was heard on the point of sentence so (Sic
Tag this Judgment! AI Brief & AskSangeet and anr. Vs. State of HaryanA.
Supreme Court of India
Nov-20-2012
Criminal
Indian Penal Code (IPC), (IPC) 1860 - Sections 302, 149, 449; Arms Act, 1959 - Section 25(1-B); Code Of Criminal Procedure (CrPC), 1973 - Section 235(2); Code of Criminal Procedure (CrPC), 1898 - Sections 367(5), 354(3)
2012(11)SCALE140
Code, (IPC) 1860 - Sections 302, 149, 449; Arms Act, 1959 - Section 25(1-B); Code Of Criminal Procedure (CrPC), 1973 - Section 235(2); Code of Criminal Procedure, 1898 - Sections 367(5), 354(3) -- The appellants, as mentioned above, … gone through the record as well as the statement given by the appellants under Section 235 (2) of the Criminal Procedure Code. We have given our anxious consideration to the question of sentence to be awarded to the appellants.Leading judgments
Tag this Judgment! AI Brief & AskShiv Mohan Singh Vs. the State (Delhi Administration)
Supreme Court of India
Mar-10-1977
Criminal
Constitution of India - Article 72; Code of Criminal Procedure (CrPC) , 1973 - Sections 235 and 235(2)
AIR1977SC949; 1977CriLJ767; (1977)2SCC238
case rules out the arguments urged by counsel. Hearing is obligatory at the sentencing stage under the New Criminal Procedure Code. The humanist principle of individualising punishment to suit the person and his circumstances is best served by hearing … to the Court of Session for reconsideration of the sentence in the light of Section 235(2) of the CrPC, 1973. Dismissal of this proceeding did not deter the petitioner from persisting in moving this Court That is how
Tag this Judgment! AI Brief & AskJagat Mohan Lal Vs. State
Delhi
Dec-01-2000
CriminalService
Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2); Prevention of Corruption Act, 1988 - Sections 5 and 5(2)
2001CriLJ1381
order of sentence dated 26.4.1977 to that already undergone.15. With this modification, Criminal Appeal No. 175/77 is dismissed. Criminal Procedure Code, 1973 - Section 235(2)--Public servant--Bribe--Sentenced--Part of judgment--Contrary of Section 235(2)--Matter remanded for the purpose of awarding sentence--Order accordingly.Prevention … of the Judgment of the learned Special Judge was contrary to the provisions of Section 235(2) of the Code of Criminal Procedure and, thereforee, the High Court by judgment dated 23;12.1976 in Criminal Appeal No. 164/1976 was
Tag this Judgment! AI Brief & AskRajendra Prasad Vs. State of Uttar Pradesh Overruled
Supreme Court of India
Feb-09-1979
Criminal
Indian Penal Code (IPC) - Sections 34, 84, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 37, 43, 129, 234, 235(2), 354, 354(3), 360, 366, 366(1), 367, 367(1), 367(5) and 368; Code of Criminal Procedure (CrPC) , 1898 - Sections 367; Constitution of India - Articles 14, 19 and 21
AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78
sentencing aspect which has found prominent place in the Criminal Procedure Code, 1973, but more often ignorantly ignored, needs to be highlighted for future guidance. … the welter of the British Indian and post- Independence decisions and the impact of laconic legislative changes in the Criminal Procedure Code the competition among the retributive, deterrent, the reformative and even the existentialist theories of punishment and of statistical … XXVIII of the Code. The procedure prescribed for the trial of sessions cases is contained in Chapter XVIII. Section 235 which is relevant for this purpose reads as under:- "235(1) After hearing arguments and points of law(if any), … of death or the lesser punishment of life imprisonment, since the Penal Code leaves the critical choice between physical liquidation and life-long incarceration to the
Tag this Judgment! AI Brief & AskCourt on Its own motion Vs. K.K. Jha 'Kamal' and Ashok Kumar Gupta (Co ...
Jharkhand
Jul-03-2007
Contempt of Court
Constitution of India - Articles 226, 227 and 235; Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Indian Penal Code (IPC) - Sections 219; Contempt of Courts Act - Sections 2, 12 and 18; Jharkhand High Court Act - Sections 17; Jharkhand High Court Rules, 2001; Bar Council of India Act; Bar Council of India Rules; Bar Council of India Regulations; Supreme Court Rules
2007(2)BLJR2545
as against Mr. Pankaj Kumar, the Vth Additional District Judge, Giridih under Section 197 of the Code of Criminal Procedure for prosecuting the said judge for the offence under Section 219 of the Indian Penal Code on the … Kumar, the Vth Additional District Judge, Giridih under Section 197 of the Code of Criminal Procedure for prosecuting the said judge for the offence under … Merathia, J.89. I agree.Narendra Nath Tiwari, J.90. I agree. Constitution of India, Articles 227 and 235-Criminal Procedure Code, 1973, Section 197-Penal Code, 1860, Section 219-Contempt of Court Act, 1971, Sections 18 and 12-Threatening Judge in derogative manner-Initiation of
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