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
reason of economic or other disabilities."
14. Section 304 of the Code of Criminal Procedure deals with legal aid to an accused ... means to engage any lawyer. The aforesaid Section 304 of the Code of Criminal Procedure runs as follows:-
" Section 304 in The Code
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
violation of fundamental
principles of judicial procedure on
account of breach of mandatory
provisions of Section 304 of ... said right has also been
statutorily accepted and incorporated under Section
304 of Cr.P.C and the object of the Legal Service
Authorities
Simultaneously, legislative changes
were effected in the Criminal Procedure Code , 1973 and the Indian
Evidence Act . Section 113-B was introduced in the Indian Evidence ... 304 of IPC was made non-
bailable and triable by Sessions Court by appropriate amendment to the
Criminal Procedure Code .
Section 304
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
matter to the police lodging any complaint against the
complainant.
Section 303 Cr.P.C. deals with right of a person against whom
proceedings ... proceedings are
instituted under this Code may of right to be defended by a pleader of his
choice. Section 304 Cr.P.C. deals with
enshrined in Article 22(1) , Section 303Cr.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
avail their right of fair trial as
enshrined in Section 304 CrPC and that the failure ... fundamental principles of
judicial procedure on account of breach of mandatory provisions of
Section 304 of CrPC.
7. In the case on hand
further urged, relying upon the provisions of Sections 303 and
304 of Cr.P.C. and Sections 12 and 13 of the Legal Services Authority ... Constitution of India and Sections 303 and 304 of the Code of Criminal
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