Whether the judgement of conviction and order of sentence passed by the Division Bench of the High Court justified?
Whether all the accused persons had participated in the assault or not?
Setting aside a conviction or direction for retrial merely on the ground of irregularity of committal proceedings is impermissible under Section 209 of the Code of Criminal Procedure.
Whether the judgment of the Trial Court which did not contain the witnesses examined at trial, arguments by the prosecution and defence before the Court valid?
Section 354(1) in The Code Of Criminal Procedure, 1973.
Whether noncompliance with s. 235(2) is merely an irregularity which can be cured by s. 465 or it is an illegality which vitiates the sentence?
Section 235(2) is clear and explicit in its wording such that, when a judgment is rendered convicting the accused, he is, at that stage, to be given an opportunity to be heard in regard to the sentence and it is only after hearing him that the court can proceed to pass the sentence.