enshrined in Article 22(1) , Section 303 Cr.P.C. has been inserted in the New Code of Criminal Procedure ,1973. It provides for right ... procedure on account of breach of mandatory provisions of Section 304 Code of Criminal Procedure.
28. Thus, it is seen that in view
prosecution witnesses on two successive occasions, the statutory obligation in Section 304(1) Cr.P.C. could not have been ignored by the Trial Judge ... court to provide him with a lawyer under Section 304 of the Criminal Procedure Code or under any other legal aid scheme and the court
State's expenses, the same can be
done under Section 304 Cr.P.C. and there cannot be any objection for
providing assistance ... this claim of the
petitioner, we have to resort to Section 304 Cr.P.C. which deals with the
`legal aid to accused at State
accused persons under
Article 22(1) of the Constitution. Section 304 CrPC
provides for legal assistance to the accused on State
19
expenditure ... Apart from the statutory provisions
contained in Article 22(1) and Section 304 CrPC, in
Hussainara Khatoon (4) case (supra), this Court
submits that it was flagrant
contravention of provision contained under Section 304 of the
Cr.P.C. He highlights that the appellant due to poverty ... providing legal
assistance to an accused in poverty i.e. Section 304 of the Cr.P.C.,
which is re-produced hereinbelow:-
"304. Legal
have been convicted under Section 302 IPC, but he should have only been convicted under Section 304 IPC as this was a case of single ... appellant is converted from one under Section 302 IPC to one under Section 304 part (1) IPC and the appellant is sentenced to 10 years
denied to any citizen by reason of economic or other disabilities. Section 304 , Cr.P.C. provided that where in a trial before the Court
also argued that Section 303 Cr.P.C is also relevant in this connection. It has been provided Under Section 303 ... pursuance of this provision of Constitution, Section 304 has been added in the Code of Criminal Procedure .
12. For the reasons mentioned above
violation of fundamental principles of judicial procedure on account of breach of mandatory provisions of Section 304 of Cr.P.C.
25. After carefully going
choice, was under a legal
obligation under section 304 (1) Code of Criminal Procedure to
inquire with the accused as to whether ... Section 303 of the Code of
Criminal Procedure and also fundamental principles of judicial
procedure on account of breach of mandatory provisions of Section
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