https://www.taxtmi.com/caselaws?id=284822 A conviction under Section 302 read with Section 109 IPC could not be sustained where no corresponding charge under Section 109 had been framed and the trial proceeded on a different basis. Section 109 was treated as a distinct basis of liability, and substituting a murder conviction with abetment without putting that case to the accused caused legal infirmity and serious prejudice to the defence. The conviction was therefore unsustainable and the accused was entitled to acquittal. en-us Thu, 31 Jul 1997 00:00:00 +0530 Thu, 12 Dec 2019 12:00:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=284822 A conviction under Section 302 read with Section 109 IPC could not be sustained where no corresponding charge under Section 109 had been framed and the trial proceeded on a different basis. Section 109 was treated as a distinct basis of liability, and substituting a murder conviction with abetment without putting that case to the accused caused legal infirmity and serious prejudice to the defence. The conviction was therefore unsustainable and the accused was entitled to acquittal. Case-Laws Indian Laws Thu, 31 Jul 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=284822