Supreme Court of India

Santa Singh v State of Punjab

AIR 1976 SC 2386; 1977 SCR (1) 22919761 min read
The case in brief30-second read
Facts
The appellant was convicted of murder and sentenced to death the same day without being heard on sentence; his advocate was absent. The High Court confirmed.
Issue
Whether the sentence was vitiated by breach of S.235(2) CrPC.
Held
Sentencing is an important stage; the accused must be heard on sentence after conviction. The matter was remanded to the trial court to give the appellant an opportunity on the question of sentence.
Principle
After conviction the accused must be heard on sentence under S.235(2) CrPC; failure to do so requires remand on sentence
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Facts

  • The appellant was convicted of murder and sentenced to death the same day without being heard on sentence; his advocate was absent. The High Court confirmed.

Issue

  1. Whether the sentence was vitiated by breach of S.235(2) CrPC.

Held

  • Sentencing is an important stage; the accused must be heard on sentence after conviction. The matter was remanded to the trial court to give the appellant an opportunity on the question of sentence.

Ratio decidendi

S.235(2) (now S.258(2) BNSS) is mandatory and reflects modern penology.

Exam use

How to use it in an answer

Lead case on the sentence hearing.

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Citation

Santa Singh v State of Punjab AIR 1976 SC 2386; 1977 SCR (1) 229

Reported: https://indiankanoon.org/doc/819576/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.