Shyam Babu Maurya vs State Of U.P

The Supreme Court held that the alteration of conviction from Section 302 IPC to Section 302 read with Section 34 IPC was valid despite the absence of a specific charge under Section 34 IPC, as the appellant was not prejudiced and had ample opportunity to defend himself. The Court distinguished this case from Shamnsaheb M. Multtani vs. State of Karnataka, emphasizing that the facts did not warrant a remittance for re-trial. The appeal was dismissed, affirming the conviction under Section 302 IPC as justified given the circumstances of the case.