https://www.taxtmi.com/caselaws?id=171335 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. en-us Fri, 25 Mar 1955 00:00:00 +0530 Fri, 17 Jul 2015 09:59:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=171335 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. Case-Laws Indian Laws Fri, 25 Mar 1955 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=171335