https://www.taxtmi.com/caselaws?id=274088 A distinct hearing on sentence under Section 235(2) of the Code of Criminal Procedure is required so the convicted person may place relevant material on punishment before the court. Failure to give that opportunity does not affect the conviction, but it does bear on the propriety of the sentence. An appellate court may itself hear the parties on sentence rather than remitting the matter where no further material is available and remand would serve no useful purpose. On the facts, the record disclosed no special circumstance justifying the death penalty, especially where co-assailants received life sentences, and the extreme punishment was replaced with life imprisonment. en-us Thu, 28 Apr 1977 00:00:00 +0530 Fri, 27 Jul 2018 12:32:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274088 A distinct hearing on sentence under Section 235(2) of the Code of Criminal Procedure is required so the convicted person may place relevant material on punishment before the court. Failure to give that opportunity does not affect the conviction, but it does bear on the propriety of the sentence. An appellate court may itself hear the parties on sentence rather than remitting the matter where no further material is available and remand would serve no useful purpose. On the facts, the record disclosed no special circumstance justifying the death penalty, especially where co-assailants received life sentences, and the extreme punishment was replaced with life imprisonment. Case-Laws Indian Laws Thu, 28 Apr 1977 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=274088