JUDGMENT :

S. RAVINDRA BHAT, J.

1. This order is necessitated due to a difference of opinion and approach amongst various judgments, on the question of whether, after recording conviction for a capital offence, under law, the court is obligated to conduct a separate hearing on the issue of sentence.

2. Section 235 of the Code of Criminal Procedure, 1973 (hereinafter, “CrPC” or “Code”) reads as follows:

“235. Judgment of acquittal or conviction.-(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case. (2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of Section 360, hear the accused on the question of sentence, and then pass sentence on him according to law.”

Section 235, as it exists in the statute today, was Section 309 of the erstwhile Code (of 1898). It was introduced on account of the recommendations of the 48th Report of the Law Commission of India, on Some Questions Under the Code of Criminal Procedure Bill, 1970 (dated July 1972).

Additionally, Section 309 of the CrPC is also relevant. It reads as follows:

“309. Power to postpone or adjourn proceedings.

(1) In every inquiry or trial, th