Right to challenge conviction survives summary dismissal when enhancement of sentence is later sought under criminal procedure law.

Section 439(6) of the Code of Criminal Procedure gives a convicted person a statutory right, when notice is issued to show cause against enhancement of sentence, to also show cause against the conviction. That right is not defeated by sections 369 and 430, because their finality applies only to matters actually decided by a High Court judgment after a full hearing with both parties present. A summary dismissal of an appeal or revision without notice to the respondent does not amount to such final adjudication. The accused may therefore contest the conviction in the later enhancement proceeding.

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Issues: Whether the summary dismissal of an accused person's appeal or revision precludes him from invoking the right under section 439(6) of the Code of Criminal Procedure to show cause against his conviction when he is subsequently called upon to show cause against enhancement of sentence.

Analysis: Section 439(6) confers on a convicted person, once notice is issued under section 439(2) to show cause against enhancement of sentence, a statutory right to show cause also against his conviction. That right is not cut down by sections 369 and 430, because those provisions of finality apply only to matters actually decided by a judgment of the High Court after a full hearing in the presence of both parties. A summary dismissal of an appeal or revision without notice to the respondent does not amount to such a final adjudication on the question of enhancement, since that issue is not before the Court at that stage. Where the conviction has not been replaced by a final appellate or revisional judgment of the High Court after full hearing, the High Court may still entertain the State's application for enhancement, and the accused may, in defending against that application, challenge his conviction under section 439(6).

Conclusion: The summary dismissal of the appeal did not bar the appellant from contesting his conviction when called upon to answer the enhancement proceeding; he was entitled to be heard on conviction as well as sentence.

Ratio Decidendi: A summary dismissal of an appeal or revision does not exhaust the accused's statutory right under section 439(6) to challenge his conviction in a later enhancement proceeding, because the right arises when notice to show cause against enhancement is issued and is not defeated unless the conviction has already been finally determined by a full hearing judgment of the High Court.

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