Supreme Court of India · 2006-07-12
SABBI MALLESU vs STATE OF A.P.
- Citation / case number
- SC 2003/20359
- Court
- Supreme Court of India
- Petitioner
- SABBI MALLESU
- Respondent
- STATE OF A.P.
- Author
- S.B. Sinha
- Bench
- S.B. SINHA & DALVEER BHANDARI
Judgment text excerpt
The Supreme Court addressed the conviction under Section 302 IPC, emphasizing that a charge under Section 302/149 IPC must be explicitly framed against the accused. The Court found that the Sessions Judge convicted the accused without proper charges being laid, leading to a miscarriage of justice. Consequently, the Court quashed the conviction under Section 302 IPC, holding that the absence of a charge under Section 302/149 IPC invalidated the conviction, and the appeals were allowed.