WILLIE (WILLIAM) SLANEY vs THE STATE OF MADHYA PRADESH.

The Supreme Court addressed the validity of a conviction under Section 302 IPC in the context of a trial where the appellant was charged with murder in furtherance of common intention, while his brother was acquitted. The Court held that the omission to frame an alternative charge under Section 302 simpliciter was a curable irregularity that did not prejudice the appellant, thus upholding the conviction. The Court clarified that Section 34 IPC does not create an offence by itself and that the conviction should be altered to Section 304 IPC instead, as the offence committed fell under its second part.