1977 (4) TMI 181

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....hallenge-indeed leave itself was limited-to the question of sentence. The case of murder was proved and the conviction by the Sessions Court was confirmed by the High Court. The Sessions Judge awarded life imprisonment to two accused and death sentence to the appellant. The High Court confirmed the death sentence and hence this appeal. 2. Section 235, Cr.P.C. 1973 makes a departure from previou....

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.... affect the conviction under any circumstances. The only point is relevant to sentence. Even there in a murder case where the charge of murder is made out, the limited question is as between the two sentences prescribed under the Penal Code. 4. In Santa singh v. State of Punjab AIR 1976 SC 2386, this Court considering Section 235(2), Cr.P.C. held that the hearing contemplated by that sub-sectio....

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....ce instead of going through the exercise of sending the case back to the trial Court. This may in many cases, save time and help to produce prompt justice. 5. In the present case we propose the adopt that course and counsel for the parties agree that they will rely upon the material available on record and they have nothing more to Offer to the Court bearing on the question of sentence. It will....

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....nts with him who have been awarded life imprisonment. Moreover it is evident from the records that there was an exchange of abuses between the parties viz., Shiv Singh and the accused party. It is also apparent that there was no motive for the appellant to kill the innocent child who died, a circumstance which has influenced the courts below in awarding the capital sentence. The other circumstance....