MODIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Jail Appeal by accused Modia is directed against the judgment of the learned Additional Sessions Judge, Sirohi dated May 8, 1978 convicting the appellant under s. 302 IPC and sentencing him to rigorous imprisonment for life with a fine of Rs. 200/-, in default of payment of fine to further undergo four months rigorous imprisonment.

(2.) THE charge framed by the learned Additional Sessions Judge against the accused was that he committed murder of Mota in village Korta on July 20, 1977 by inflicting injuries to him with geti and an axe. THE accused pleaded not guilty and faced the trial. Since the accused had no financial means to engage a defence counsel, the Court appointed Amicus curiae for his defence in accordance with the provisions of s. 304 Cr. P. C.

(3.) ADMITTEDLY, the accused had no financial means to engage a lawyer for his defence. As such, the services of the Amicus Curiae were made available to him by the trial court. The need for free legal aid to an indigent person need not be stretched. It has been consistently held by their lordships of the Supreme Court that in a case where the accused is unable to engage a counsel for his defence, it becomes the duty of the State to provide the services of a counsel for his defence at the State expenses. The modern thesis is that the criminal procedure providing trial should be reasonable, fair and just and unless it is reasonable, fair and just, it cannot be said to be a fair trial.