Supreme Court of India
Kamil v. State of Uttar Pradesh
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From the headnote
Code of Criminal Procedure, 1973: s. 464 – Effect of omission to frame, or absence of, or error in, charge – On facts, conv iction of accused u/s. 302/34 IPC – However, omission to frame charge u/s. 302, though the gist of the charge sheet filed against the accused clearly showed that the accused has been charged fo r the said offence – Maintainability of conviction u/s. 302 – Held: Conviction for the substantive offence without a charge can be set aside o nly if the accused shows that prejudice has been caused to him and that “failure of justice” has occasioned thereby – No suc h submission
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