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13) Learned senior counsel for the appellant submitted that having framed charges against all the accused and after acquittal of all the accused except the appellant, the same cannot be sustained. We are unable to accept the said contention. As observed in Radha Mohan Singh @ Lal Saheb & Others vs. State of U.P. (2006) 2 SCC 450, in view of Section 464 Cr.P.C. it is possible for the appellate or revisional court to convict an accused for an offence for which no charge was framed unless the court is of the opinion that failure of justice would in fact occasion. In the present case, the witnesses examined on behalf of the prosecution, whose testimony has been relied upon, clearly deposed that appellant has assaulted the deceased with a knife. In his examination under Section under Section 313 Cr.P.C. a specific question was put to the appellant and he was made aware of the basic ingredients of the offence and the main facts sought to be established against him were explained to him. Thus, he can be convicted under Section 302 IPC for having committed the murder.