ARUN BALKRISHNA NIRMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the learned counsel on both sides.

(3.) The only question which needs to be considered is, whether in the appeal filed by the State for enhancement of the sentence the accused is entitled to be heard for his acquittal. We think that Sec. 377(3) of the Code of Criminal Procedure is clear on this issue and does grant such a right to the accused.