LAW FOR ALL

Sec.302 r/w 149 / 34 I.P.C- 5 accused - lower court not punished the appellants under sec.148 , high court acquitted two accused , one died - these two appellants remained as they are convicted simply under sec.302 I.P.C - whether framing of fresh charge under sec.302 I.P.C is necessary - Evidence on record and proved fact that these two appellants are the prime caused for the death of deceased victim - Apex court held that when there is no prejudice to the accused by non-framing of separate charge under sec.302 simpliciter not fatal for convicting the accused - Lowe court and High court rightly convicted the accused and as such dismissed the appeals = Pal Singh & Anr. …Appellants Versus State of Punjab …Respondent=2014(Feb.Part) judis.nic.in/supremecourt/filename=41253