KANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) APPELLANT who was charged under S. 302 of the Indian Penal code for having caused the death of his brother and y was found guilty by the sessions Judge, Kasaragod and has been convicted and sentenced to undergo imprisonment for life.

(2.) THE only contention raised in the appeal is that he could not engage a counsel of his own choice before the trial court and that he was not aware of the consequences that followed on account of not being represented by an advocate. THE evidence tendered by the prosecution witnesses remained unchallenged as there was no cross-examination.

(3.) S. 304 Cr. P. C. creates a statutory right to an accused without sufficient means to be defended at the expenses of the State in respect of a trial before a court of Sessions. Thus a duty is cast upon the court to assign a pleader for the accused. S. 304 provides that where, in a trial before the court of Sessions, the accused is not represented by a pleader, and where it appears to the court that the accused has no sufficient means to engage a pleader, the court shall assign a pleader for his defence at the expense of the state. It is for the court to assign the pleader to defend the case for the accused. In the matter of selecting the advocate the accused has no option. It is entirely for the court to assign a pleader to defend the accused. S. 304 (2)empowers the High Court with the previous approval of the State Government to make rules providing for the mode of selecting pleaders for defence under s. 304 (1): the facilities to be allowed to such pleaders by the courts; and the fees payable to such pleaders. Neither Ss. 303 and 304 of the Code of Criminal procedure nor Art. 22 (1) of the Constitution confer any right upon the accused to insist upon a particular pleader to be appointed on his behalf at State expense to' defend his case.