VARGHESE ALIAS BIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed against the conviction and sentence of the appellant for offence punishable under Section 302 of the Indian Penal Code. Before going into the merits of the matter, a primary objection was raised regarding denial of opportunity to defend the case properly while appointing a counsel at State expense as provided under Section 304 of the Code of Criminal Procedure and Criminal Rules of Practice.

(2.) The order sheet shows that the case was posted for evidence on 3.2.2003. On that day, counsel for the appellant (A1) was not present. Immediately, the Court appointed another advocate and asked him to continue the examination. The order sheet reads as follows:

(3.) 2.2003