https://www.taxtmi.com/caselaws?id=175502 A defect in framing charge does not by itself vitiate a murder conviction if the accused had full notice of the real accusation and no prejudice or failure of justice is shown. The accused was consistently told that he had inflicted the fatal blow, and his defence met that case, so the omission of a separate charge under section 302 simpliciter was curable. On the facts, the injury was caused with a hockey stick, there was no premeditation, and the evidence did not establish the intention or special knowledge required for murder. The conviction was therefore altered to culpable homicide not amounting to murder under the second part of section 304, with sentence reduced. en-us Mon, 31 Oct 1955 00:00:00 +0530 Tue, 24 Nov 2015 15:02:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175502 A defect in framing charge does not by itself vitiate a murder conviction if the accused had full notice of the real accusation and no prejudice or failure of justice is shown. The accused was consistently told that he had inflicted the fatal blow, and his defence met that case, so the omission of a separate charge under section 302 simpliciter was curable. On the facts, the injury was caused with a hockey stick, there was no premeditation, and the evidence did not establish the intention or special knowledge required for murder. The conviction was therefore altered to culpable homicide not amounting to murder under the second part of section 304, with sentence reduced. Case-Laws Indian Laws Mon, 31 Oct 1955 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175502