Supreme Court of India · 1955-03-01
SURAJ PAL vs THE STATE OF UTTAR PRADESH.
- Citation / case number
- SC 1954/90338
- Court
- Supreme Court of India
- Petitioner
- SURAJ PAL
- Respondent
- THE STATE OF UTTAR PRADESH.
- Bench
- JAGANNADHADAS
Judgment text excerpt
The Supreme Court held that convictions under Sections 302 and 307 of the Indian Penal Code, when charged only under Section 149, are erroneous due to the absence of specific charges. The Court emphasized that distinct charges for each head of criminal liability are essential for a valid conviction. It ruled that unless the accused is shown to have not been prejudiced, such convictions cannot be maintained, and the determination of whether a retrial is necessary must consider all circumstances of the case.