citizen by reason of
economic or other disabilities."
27. Section 304 Cr.P.C. is the manifestation of the implementation of
the directives aforesaid ... provisions
providing the legal aid as contemplated in sub-section (1) & (2) of
Section 304 Cr.P.C to any class of trials before
citizen by reason of
economic or other disabilities."
27. Section 304 Cr.P.C. is the manifestation of the implementation of
the directives aforesaid ... provisions
providing the legal aid as contemplated in sub-section (1) & (2) of
Section 304 Cr.P.C to any class of trials before
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
also been made to the provisions of Section
303 , 304 and 309 of the Code of Criminal Procedure, 1973 (in short
the ' ... Cr.P.C ., he would have a right to be defended
by a pleader of his choice. Broadly, Sub-section (1) of Section 304,
fortifies
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
procedure on
account of breach of mandatory provisions of Section 304 of Code of
Criminal Procedure.
18. After carefully going through the entire records ... Crl. A. No.64 of 2010 Page 10 of 13
and enactment of sub- section 1 of Section 304 of the Code of
Criminal Procedure
base of all our judicial proceedings. The necessity of
Crl.M.C.No.1556/2012 Page 6 of 7
counsel was so vital and imperative ... fundamental principles of judicial procedure on account of
breach of mandatory provisions of Section 304 of CrPC.'
15. The learned
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
