Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1955

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.

SURAJ PAL vs THE STATE OF UTTAR PRADESH. · Niyam