Whether the appellant was denied a fair and impartial trial due to the absence of effective legal representation?
Whether the failure to provide legal aid to the appellant, as required under constitutional and procedural law, vitiates the trial proceedings?
An accused has a fundamental right to legal representation, and the mere appointment of a counsel is not sufficient unless it is meaningful and effective.
A trial conducted without legal representation, particularly in a capital punishment case, violates the principles of fair trial under Article 21 of the Constitution and renders the proceedings void.
The failure to provide legal aid results in a presumption of prejudice against the accused, making the trial unconstitutional and unfair.
The absence of cross-examination of crucial prosecution witnesses due to lack of legal representation deprives the accused of a fair opportunity to defend himself.
In capital punishment cases, the duty of the court is not only to adjudicate but to ensure that the accused is provided with a meaningful defense throughout the trial.