JudgmentReasoningSupreme Court of India

State of Maharashtra v Sukhdeo Singh

AIR 1992 SC 2100; (1992) 3 SCC 700; 1992 SCR (3) 48019921 min read
The case in brief30-second read
Facts
General A.S. Vaidya was shot dead in Pune on 10 August 1986. The accused were tried by the Designated Court under TADA, convicted, and sentenced to death on the same day.
Issue
Whether the death sentences were vitiated because conviction and sentence were pronounced on the same day, contrary to S.235(2) CrPC.
Held
Following Allauddin Mian (1989), courts should ordinarily adjourn after conviction to receive material on sentence, and the day-to-day trial proviso does not prevent this. Here the accused had pleaded guilty, placed no mitigating material, and did not appeal; S.235(2) was satisfied in letter and spirit and no prejudice was shown. The convictions and death sentences were confirmed.
Principle
S.235(2) CrPC is mandatory, but a same-day sentence is not vitiated where the accused had a real opportunity and no prejudice is shown
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Facts

  • General A.S. Vaidya was shot dead in Pune on 10 August 1986. The accused were tried by the Designated Court under TADA, convicted, and sentenced to death on the same day.

Issue

  1. Whether the death sentences were vitiated because conviction and sentence were pronounced on the same day, contrary to S.235(2) CrPC.

Held

  • Following Allauddin Mian (1989), courts should ordinarily adjourn after conviction to receive material on sentence, and the day-to-day trial proviso does not prevent this. Here the accused had pleaded guilty, placed no mitigating material, and did not appeal; S.235(2) was satisfied in letter and spirit and no prejudice was shown. The convictions and death sentences were confirmed.

Ratio decidendi

The requirement of a sentence hearing is mandatory, but its breach is judged by whether a real opportunity was denied and prejudice caused.

Exam use

How to use it in an answer

Cite with Santa Singh on S.258(2) BNSS. Earlier text in this file wrongly described this as a case on the contents of a judgment; corrected on 2026-10-22.

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Citation

State of Maharashtra v Sukhdeo Singh AIR 1992 SC 2100; (1992) 3 SCC 700; 1992 SCR (3) 480

Reported: https://indiankanoon.org/doc/1824507/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.