AHER BHAGU JETHA vs THE STATE OF GUJARAT

The Supreme Court held that the conviction of the appellant under Section 302 IPC was flawed due to the absence of a separate charge under Section 302 IPC simpliciter, as the charge for rioting failed. The Court emphasized that without a proper charge, the conviction under Section 302 IPC with the aid of Section 149 IPC could not stand. Consequently, the appeal was allowed, and the conviction was set aside, leading to the appellant's acquittal.