SHYAM BABU MAURYA vs STATE OF U.P.

The Supreme Court upheld the conviction under Section 302 IPC, stating that the alteration to Section 302 read with Section 34 IPC was justified despite the absence of a specific charge. The Court distinguished this case from Shamnsaheb M. Multtani vs. State of Karnataka, emphasizing that the appellant was aware of the charges and had the opportunity to defend himself. The Court found no merit in the plea to reduce the conviction to Section 304 IPC, affirming that the nature of the attack did not fall under any exceptions of Section 300 IPC.