Supreme Court · 2018 INSC 1027 · Decided 31 October 2018
Kamil v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 2018 INSC 1027 · [2018] 13 S.C.R. 1093
- Case number
- CRIMINAL APPEAL No. 1568/2015
- Decided
- 31 October 2018
- Bench
- R. BANUMATHI, INDIRA BANERJEE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 323; CrPC Section 464
Headnote
Code of Criminal Procedure, 1973: s. 464 - Effect of omission to frame, or absence of, or error in, charge - On facts, conviction 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 Maintainability of conviction u/s. 302 - Held: Conviction for the substantive offence without a charge can be set aside only if the accused shows that prejudice has been caused to him and that "failure of justice" has occasioned thereby - No such submission was ever made
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)