Yakub Abdul Razak Memon vs State Of Maharashtra Th:Cbi Mumbai on 21 March, 2013
Yakub Abdul Razak Memon vs State Of Maharashtra Th:Cbi Mumbai on 21 March, 2013
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1 - 10 of 82281 (5.43 seconds)Rameshbhai Chandubhai Rathod vs State Of Gujarat on 27 April, 2009
Criminal Procedure Code and the insertion of the new
Sections 235(2) and 354(3) in that Code providing for pre-sentence hearing and
sentencing ... provision of death penalty as an alternative punishment for murder, in
Section 302 , Penal Code is unreasonable and not in the public interest. We would
Rajesh Kumar vs State Th:Govt Of Nct Of Delhi on 28 September, 2011
order under section 117 or sub-
section (2) of section 138 and every final
order made under section 125 , section 145 or
section 147 shall ... section
354(3) which calls for recording of special reason
for awarding death sentence must be read conjointly
with section 235(2) of 1973 Code
Santa Singh vs State Of Punjab on 17 August, 1976
breach of s. 235(2) .
On the question whether the sentence is vitiated because
of the violation .of s. 235(2) ,
HELD: The matter should ... hearing.
(1) [1974] 3 S.C.R. 329.
235
contemplated by section 235(2) is not confined merely to
hearing oral submissions
Accused X vs The State Of Maharashtra on 12 April, 2019
quote Section 235 of CrPC, which provides
for PreSentence Hearing, among other things.
235. Judgment of acquittal or conviction.
…
(2) If the accused ... section 360, hear the accused on the question of
sentence, and then pass sentence on him according to
law.
Section 235 (2) of CrPC implies
Md. Mannan @ Abdul Mannan vs State Of Bihar on 14 February, 2019
Section 360 ,
hear the accused on the question of sentence, and then
pass sentence on him according to law.”
20. Section 235 (2 ... proceed to pass the
sentence.
3. This new provision in Section 235(2) is in consonance with
the modern trends in penology and sentencing procedures
Ajay Pandit @ Jagdish Dayabhai ... vs State Of Maharashtra on 17 July, 2012
apposite. The courts are unanimous in their view that
sub-section (2) of Section 235 clearly states that the hearing has to be
given ... correct
sentence to be imposed the legislature introduced Sub-section
(2) to Section 235. The said provision therefore satisfies a
dual purpose; it satisfies
Manoj Suryavanshi vs State Of Chhatisgarh on 5 March, 2020
heard on
the question of quantum of sentence as provided under Section
235(2) Cr.P.C. It is submitted that it has been consistently
In Reference vs Rabbu @ Sarvesh on 17 January, 2019
pass proper sentence on the Accused.
Hence the new provision in Section 235(2)".
46. After analysing the aforesaid aspects, the learned Judge ... Section 354(3) which calls
for recording of special reason for awarding death sentence must be
read conjointly with Section 235(2
Babasaheb Maruti Kamble vs The State Of Maharashtra on 1 November, 2018
Section 235(2) is as
follows: ( Muniappan case [(1981) 3 SCC 11 : 1981 SCC (Cri)
617] , SCC pp. 13-14, para 2)
“2. … The court ... Section 354(3) which calls
for recording of special reason for awarding death sentence must
be read conjointly with Section 235(2