TEHSILDAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this revision, the petitioner has challenged the correctness of the order passed by the trial Court rejecting the prayer of the petitioner to provide him a particular lawyer at the State expense as envisaged by Section 304, Cr.P.C.

(2.) Before dealing with the contentions advanced by both the sides, the narration of broad facts would be useful.

(3.) The petitioner is an under-trial prisoner facing a sessions trial for the offences registered under Sections 294 and 307/34, I.P.C. The petitioner in the trial Court filed an application under Section 304 Cr.P.C. submitting that he was financially weak and was not in a position to arrange for the fee of a defence counsel as such, he be provided the assistance, for his defence, of Shri Jagdish Prasad Shrivastava, Advocate in the said trial at the State expense.