ORDER

1. Leave granted.

2. It is unfortunate that the counsel had not appeared in the High Court in a case of appeal of conviction under Section 302 IPC. The question of accountability of the advocate looms large in a case of this nature. However, the High Court could have appointed an amicus curiae to assist the Court rather than relying on the assistance of the learned counsel for the State. No doubt, the High Court had considered the matter elaborately. However, it is no substitute for the judgment rendered after hearing the counsel especially in a case in which the appellant is convicted under Section 302 IPC and sentenced to life imprisonment. Learned counsel appearing for the appellant has drawn our attention to the observations in the decision of this Court in Khaili v. State of U.P.1 We are, therefore, constrained to set aside the a impugned judgment and remit the matter to the High Court for fresh disposal expeditiously after appointing an advocate as amicus. The request for bail to the appellant may also be considered on its own merits in case the hearing is likely to be delayed. The appeal is disposed of accordingly.