violation of fundamental principles of
judicial procedure on account of breach of mandatory
provisions of Section 304 Cr.P.C. After carefully going
through ... there was no counsel
representing the appellant. Therefore, as per Section 304 Cr.P.C., it
was the duty of the ld.trial court
State
CA NO: 08/12
judicial procedure on account of breach of mandatory
provisions of Section 304 Cr.P.C. After carefully going
through ... counsel representing the appellant. Therefore,
as per Section 304 Code of Criminal Procedure, 1973 (hereinafter
referred to as Cr.P.C .), it was the duty
Mohd. Hussain @ Julfikar Ali vs The State (Govt. Of Nct) Delhi on 11 January, 2012
fundamental principles of judicial procedure on account of
breach of mandatory provisions of Section 304 CrPC.
After carefully going through the entire records ... 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
imprisonment for a term and the Penal Code as well
as the Criminal Procedure Code make and maintain a clear distinction between
'imprisonment ... Pleader and it cannot be said there is
violation of Section 304 Cr.P.C."
31. In view of the fact that Section
conviction.
6. It is a settled legal proposition that in a criminal trial , legal aid shall be mandatorly
provided to the accused at the State ... offence before a
Criminal Court to be defended by a pleader of his choice.
9. Section 304 Cr.P.C
. mandate legal aid to accused
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
Cr.P.C. operates as an exception to the principle of section 300
Cr.P.C. To attract Section 300 (3) ... sections 326 and 338 IPC, there cannot be fresh
prosecution for offence under section 307 IPC, the Supreme Court
held that, section 403 (4)
above, the conviction under Section 304 part-II
IPC was not justifiable. Section 397 of the Code of Criminal Procedure
empowers High Court to call ... revisional power under Section 401 (1)
of the Code of Criminal Procedure and set aside conviction of the
respondents under Section 304 part-II IPC
offence
before a criminal court to be defended by a pleader of his choice. Section
304 of the Code of Criminal Procedure contemplates legal ... enactment of sub- section 1 of Section 304 of the Code of
Criminal Procedure. Legal assistance to a poor person facing trial whose
life
