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december 1951

Supreme Court of India · 1951-12-14

BIJJOY CHAND POTRA vs THE STATE

Citation / case number
SC 1951/74
Court
Supreme Court of India
Petitioner
BIJJOY CHAND POTRA
Respondent
THE STATE
Bench
FAZAL ALI, SAIYID

Judgment text excerpt

The Supreme Court held that the conviction under Section 326 IPC was valid despite the absence of a specific charge under that section, as the Sessions Judge could charge the appellant alternatively under Sections 307 and 326 IPC, in accordance with Section 237 of the Criminal Procedure Code. The Court emphasized that for a conviction to be set aside due to non-compliance with Section 342 of the Criminal Procedure Code, the accused must demonstrate material prejudice resulting from the lack of a full examination. The appeal was dismissed, upholding the conviction and sentence of three years' rigorous imprisonment.

BIJJOY CHAND POTRA vs THE STATE · Niyam