Supreme Court of India
Dalbir Singh v. State of U.P.
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From the headnote
Code of Criminal Procedure, 1973: Section 464-Charge-Omission to frame-Effect of-Held: Appellate or revisional court could convict an accused for an offence for which no charge was framed unless a failure of justice had in fact been occasioned- ln order to determine whether a failure a/justice had in/act been occasioned, it is necessary to examine whether the accused was aware of the basic ingredients of the charge and the main facts sought to be establisheJ against him. Penal Code, I 860: Section 306-Suicide-Abetment of-Omission to frame charge for Effect of-High Court found accused guilty
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