RAKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These appeals by special leave have been preferred against the judgment and order of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeals Nos. 518 and 890 of 1997 dated 10-2-2005 whereby the High Court affirmed the convictions of the appellants before us and upheld their conviction and sentence under Sections 392/34 IPC.

(2.) It is brought to our notice that when the appeals were heard by a Division Bench of the High Court, none appeared for the appellants. The State was represented by the Deputy Advocate General for the State. This Court has pointed out in a series of decisions that where the accused is unrepresented it is in the interest of justice to appoint an amicus curiae to assist the Court, or if the Court so considers proper and appropriate to refer the matter to the Legal Aid Committee which may appoint an advocate to represent the accused.

(3.) This is a case in which a serious charge of murder is levelled against the accused and by a very short judgment the High Court has upheld their conviction. We notice from the judgment of the High Court that there is no discussion whatsoever of the evidence on record, perhaps because the Court did not have the assistance of a counsel representing the accused.