https://www.taxtmi.com/caselaws?id=168639 Section 235(2) of the Code of Criminal Procedure requires a separate post-conviction hearing on sentence in a sessions trial before punishment is imposed. The word "hear" is not confined to oral submissions alone; it extends to placing relevant material on sentence and, where necessary, leading evidence on disputed sentencing facts, subject to judicial control. Denial of this statutory opportunity is a serious breach going to the root of sentencing, causing failure of justice and vitiating the sentence; it is not cured by section 465. The conviction was maintained, but the death sentence was set aside and the matter remitted for fresh sentencing. en-us Tue, 17 Aug 1976 00:00:00 +0530 Wed, 18 Mar 2015 18:27:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=168639 Section 235(2) of the Code of Criminal Procedure requires a separate post-conviction hearing on sentence in a sessions trial before punishment is imposed. The word "hear" is not confined to oral submissions alone; it extends to placing relevant material on sentence and, where necessary, leading evidence on disputed sentencing facts, subject to judicial control. Denial of this statutory opportunity is a serious breach going to the root of sentencing, causing failure of justice and vitiating the sentence; it is not cured by section 465. The conviction was maintained, but the death sentence was set aside and the matter remitted for fresh sentencing. Case-Laws Indian Laws Tue, 17 Aug 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=168639