JATAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal is before us to challenge the judgment dated 2.2.2011 passed by learned Additional Sessions Judge, Ratangarh District Churu in Sessions Case No.9/2010. Learned trial court by the judgment impugned convicted the appellant for an offence punishable under Section 302 Indian Penal Code and sentenced him to undergo life term imprisonment with a fine of Rs.1000/- with default stipulation.

(2.) Looking to the fact that the entire judgment is running only in three pages and without referring any cross examination on behalf of the accused, we examined all the order sheets of the proceedings of the trial before the court subordinate.

(3.) It is quite strange that the accused was not at all represented by any legal practitioner before the trial court. The trial court also did not ask the accused for providing legal aid in the spirit of Article 39-A of the Constitution of India and as per Section 304 Code of Criminal Procedure, 1973. Section 304 Code of Criminal Procedure mandatorily provides for assigning a pleader for the defence of accused at the expenses of the State. The right available under Section 304 Code of Criminal Procedure, 1973 is also not dependent to asking by the accused orally or by way of moving an application. Hon'ble Supreme Court in Suk Das and another v. Union Territory of Arunachal Pradesh, 1986 AIR(SC) 991held that free legal assistance at State cost is a fundamental right of a person accused of an offence. The relevant portion of the judgment aforesaid reads as under:-