CHELLA NAGARJUNA Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties. This appeal has been filed against the judgment of the trial Court convicting and sentencing the appellant/accused under Section 302 IPC to undergo life imprisonment and to pay a fine of Rs. 500/-. This appeal has been entertained by the Court, after having been forwarded by the jail authorities and a counsel was provided to the appellant/ accused by the Court by an order dated 9-9-2002.

(2.) The accused was charged with an offense of murder, to which he pleaded not guilty and claimed to be tried. The prosecution examined 16 witnesses, but all the witnesses who were produced by the prosecution were not cross-examined by the accused. He has appointed some counsel, who, on one pretext or the other, did not cross-examine the witnesses. Ultimately at the state of hearing he gave up vakalat, but the trial Court did not allow the accused to appoint a second advocate or provide him an advocate. The discussion on this aspect was made by the trial Court in para-9 of its judgment, which is reproduced below.

(3.) We think the role of the advocate as well as the Judge concerned cannot be appreciated. The lawyer failed in his duty to defend the accused and the Judge also failed in his duty to see that the accused who was in custody had an opportunity to defend himself, if his lawyer failed to defend his case. The Court should not have failed in providing him the requisite legal assistance. Right of fair trial is a fundamental right and cannot be denied. We believe that the accused has not got justice and therefore for this reason alone, we set aside the judgment of the trial Court and direct in terms of Section 386 (b) (i) of Cr.P.C. re-trial of the accused. The record of the case shall be transmitted back to the trial Court. The trial Court is directed to fix a schedule for recording of evidence continuously till whole of the evidence of prosecution is completed. No adjournment on that ground shall be given to the prosecution. The accused shall be offered legal assistance by the trial Court and the Legal Services Authority shall provide him an advocate, if he is not able to engage a counsel on his own. The counsel appearing for the appellate/accused in this court shall also be paid his fees in accordance with rules by the High Court Legal Services Authority. The appeal is accordingly allowed.