The appellant preferred an appeal to the High Court and the case was also referred to the High Court for companyfirmation of the death sentence.
The appellant thereupon preferred the present appeal with special leave obtained from this Court.
The appellant was tried before the Sessions Judge, Ludhiana for.committing a double murder, one of his mother and the other of her second husband.
Appeal by Special Leave from the Judgment and order dated 11.9.1975 of the Punjab Haryana High Court in Crl.
The High Court agreed with the view taken by the learned Sessions Judge and companyfirmed the companyviction as also the sentence of death.
392 of .1975 and Murder Reference No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Appeal No.
P. Sharma, for the Respondent.
BHAGWATI, J. This appeal, by special leave, raises an interesting question of law relating to the companystruction of section 235 2 of the Code of Criminal Procedure, 1973.
The Roznamcha of the proceedings shows that on 26th February, 1975 the appellant was present without his lawyer and the learned Sessions Judge pronounced the judgment companyvicting the appellant of the offence under section 302 of the Indian Penal Code and sentenced him to death.
K. lain, for the Appellant.
Judgment The Judgment of the Court was delivered by N. Bhagwati, J.S. Murtaza Fazal Ali, J. gave a separate Opinion.
230 of 1976.
14/75 .
He was represented by a lawyer during the trial and after the evidence was companycluded and the arguments were heard, the learned Sessions Judge ad journed the case to 13th February, 1975 for pronouncing the judgment.
It appears that on 13th February, 1975, the judgment was number ready and hence the case was adjourned to 20th February, 1975 and again to 26th February, 1975.
It was companymon ground that after pronouncing the judgment companyvicting the appel lant, the learned Sessions Judge did number give the appellant an opportunity to be heard in regard to the sentence to be imposed on him and by one single judgment, companyvicted the appellant and also sentenced him to death.
