procedure established by law.
18. The procedural law with regard to the trial of a
person is enumerated in Sections 303 and 304 of ... said provision. The
CRL.A.No.1067/2017
12
trial was vitiated for non compliance of Section 304 Cr.P.C.
and Articles
procedure established by law.
15. The procedural law with regard to the trial of a
person is enumerated in Sections 303 and 304 of ... circumstances, when his advocate
failed to represent him, in view of Section 304 , Cr.P.C and
the aforesaid other provisions, it was mandatory
offence before a criminal court to be defended by a pleader of
his choice and Section 304 of the Cr.P.C. of the ... enactment of sub-section (1) of Section 304 of the
Code of Criminal Procedure. Legal assistance to a
poor person facing trial whose life
JUDGMENT :
1. The applicant is seeking directions under Section 391 of
Code of Criminal Procedure (for short " Cr.P.C .") to allow ... Constitution of India. There is no
breach of Section 304 of Cr.P.C. The applicant is educated person.
He filed pursis that he would
High Court who has also dealt
with number of cases on the criminal side to argue the
case. Since, we had already heard the learned ... criminal appeal. It was also
observed that in case the appellants are not represented,
defence counsel be provided as mandated under Section
304
which is exhibited as Exh. Ka-9 under Section 304-A I.P.C. read with Section 3 / 5 Explosive Substance Act against the appellant ... order dated 17.08.2015 framed additional charge under Section 304 I.P.C. read with Section 3 / 4 Explosive Substance Act. The charges were denied
accused. The
Court examined the informant and the victim, under Section 309 CrPC, dispensing their
cross-examination.
4. The learned trial Court ... have engaged Legal Aid
Counsel to cross-examine the witness under Section 304 CrPC, and the same has
virtually infringed the fundamental rights
passing the order for production
of the petitioner before the Court.
Crl.P.No.988/2022
5
7. This is a clear case of negligence ... counsel did not argue on framing of
charges, in view of Section 304 Cr.P.C. the trial Court
could have taken steps to provide
Constitution of India, but also in Section 304 of
30
the Code of Criminal Procedure . Free and fair trial is sine qua non of Article ... poor and weaker sections of the society and ensures justice
for all. Section 304 of Cr.P.C. further provides that where in a trial
utter violation of
the provisions of sections 303 and 304 of the Code of Criminal
Procedure and Articles 21 , 22 and 39A of the Constitution ... India as well as the provisions of
Sections 303 and 304 of the Code of Criminal Procedure. In
case the defence counsel appointed
