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1978 DIGILAW 89 (MP)

Sunder Singh v. State of M. P.

1978-01-30

J.S.VERMA

body1978
Short Note : The contention of learned counsel for the appellant is that the learned Sessions Judge did not comply with section 235(2) of the Code of Criminal Procedure, 1974, and such non-compliance vitiates the sentence awarded after holding the appellant guilty of the offence. There can be no doubt that such defect does appear in the present case. The appellant is entitled to an opportunity as contemplated by section 235(2) of the Code of Criminal Procedure which has admittedly not been given to him so far. Case remanded. Santa Singe v. State of Punjab, AIR 1976 SC 2386 referred to. Appeal partly allowed.