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Head Note

Indian Penal Code,1860  - Section 302 , Section 307

Explosives Substance Act, Section 3/4 - Murder - Death penalty - Confirmed by High Court - Allegedly no legal aid provided - Records showing that one 'V' assisted appellant during committal proceedings - When case was committed to sessions court one 'F' was employed as council by State but he disappeared before conclusion of trial - Fifty six witnesses and investigating officer were examined without appellant having a counsel and none were cross-examined by appellant - Counsel appointed in the end, did not think fit to cross-examine those who were examined in his presence - Only one witness cross-examined to complete the formality. Held, every person has a right to have a fair trial. A person accused of serious charges must not be denied of this valuable right. Appellant was provided with legal aid/counsel at the last stage which amounted to denial of effective and substantial aid. Dattu, J., matter remanded back with instructions that State counsel will be provided before the commencement of trial and till its conclusion, if the accused is unable to employ a counsel of his choice at his expense. C.K. Prasad, J. concurring with the view that the sentence and conviction of appellant should be set aside as he was not given legal aid to defend his case, but not agreeing with the view that case should be remanded to trial court for fresh trial.

Indian Penal Code,1860  - Section 302 , Section 307

Murder - Death penalty by trial court - Confirmed by High Court - Plea that no legal assistance was provided, hence trial conducted was not fair. Held, it is the duty of the court to provide counsel at State's expense.

Topic(s)-

Important Decision(s)- It is the duty of the court to provide counsel at State's expense.