THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appeal is by a person convicted of murder and sentenced to imprisonment for life by the Sessions Judge of Ernakulam. THE revision petition is by the State praying that this Court be pleased to enhance the sentence to one of death.

(2.) WHEN these cases came up for hearing, the counsel of the appellant argued that considerable prejudice was caused to the appellant in his defence before the Sessions Court in the Sessions Judge not having allowed sufficient time for the defence counsel to prepare the brief, consult the appellant, if necessary, and take instructions from him, and also in not engaging a counsel of the appellant's choice as required by the Kerala Legal aid (to the poor) Rules, 1958. The counsel also brought to our notice an application filed by the appellant before the Sessions Judge on 25th May 1970 to which date the Sessions case stood posted.

(3.) THE records of the case will be sent back without any delay. . .