1984 (8) TMI 314

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....o the question whether the High Court without issuing notice and affording an opportunity to the appellant to be heard had jurisdiction to enhance the sentence by imposing a fine of ₹ 5,000/- in addition to the sentence of imprisonment for imposed by the trial court. 2. The appellants, Surjit Singh and Harjinder Singh were convicted for committing murder of Bachan Singh under Sec. 302 ....

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.... additional sentence imposed by the High Court unquestionably constitutes an enhancement of sentence. The High Court did not issue notice calling upon the appellants to show cause why the sentence imposed upon them be not enhanced before doing so. Rules of natural justice as also the prescribed procedure require that the sentence imposed on the accused cannot be enhanced without giving notice to t....