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1977 DIGILAW 557 (MP)

Burkhia alias Burkhilal v. State of M. P.

1977-11-18

B.R.DUBE

body1977
Short Note : It may however be pointed out that the trial Court, after holding the appellant guilty has not complied with the provisions contained in S. 23 (2) Cr. P. C. according, to which it was necessary to hear on the question of sentence. In view of this, the sentence passed by the trial Court is vitiated and hence on this question this appeal must be allowed. Santa Singh v. State of Punjab, AIR 1976 SC 2386 relied on. Case remanded. Appeal allowed.