Khushi
The Orissa High Court last week revoked the matter back to the Sessions Court for De-novo trial while disposing of an appeal and setting aside the conviction and sentence of an appellant who spent 18 years in Jail.
The appeal was filed by Habil sindhu assailing his conviction under Section 302/201 of the Indian Penal Code which was heard by the Bench of Justice S.K Mishra and Justice Savitri Ratho.
The trial judge on 30th June 2005, had sentenced him to undergo rigorous imprisonment for life under Section 302 of the Code.
The court made an observation that the State Defence Counsel engaged by the trial Judge was incompetent to defend the appeallant in a complex case of a triple murder.
The Court further observed that the appellant was not given proper legal assistance and has been denied a fair trial which violates Article 39-A and Article 21 of the Constitution.
The court noted, “So, in our considered opinion, the appellant had no valid, proper and effective legal representation in the case. The learned trial Judge should have granted at least seven days’ time to the learned counsel appearing for the appellant to prepare the case.”
Thus, the Court remanded the case to the court of learned Sessions Judge, Mayurbhanj, Baripada with a direction to dispose of the case as early as possible for De Novo trial.