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Supreme Court of India · 31/10/2018

KAMIL versus STATE OF UTTAR PRADESH

[2018] 13 S.C.R. 1093 · 2018 INSC 1027

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Summary

The Supreme Court upheld the appellant’s conviction despite omission of a specific murder-with-common-intention charge against him. Under Section 464 CrPC, the defect required proof of actual prejudice and failure of justice. The chargesheet, trial course, questioning and defence demonstrated that he understood the murder allegation and had a fair opportunity to meet it. The objection had not been raised below, and no resulting failure of justice was established. The appeal was dismissed.

Issues

  1. Whether omission of the specific charge invalidated conviction under Section 302 read with Section 34 IPC.
  2. Whether the appellant had suffered actual prejudice or failure of justice.

Provisions considered

Held

Result

Appeal dismissed; conviction and sentence left undisturbed, no prejudice or failure of justice from the charging omission having been established.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1093.