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Gurbachan Singh vs State Of Punjab on 24 April, 1957

In holding so Their Lordships were impressed by the principles of law laid down by the Constitution Bench in the case of Willie Slaney Vs. State of Madhya Pradesh AIR 1956 Supreme Court 116 and Gurbachan Singh Vs. State of Punjab AIR 1957 S.C. 623. The Honble Court in view of provisions of Sections 222 and 464 Cr.P.C. held that 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 a failure of justice would in fact occasion.
Supreme Court of India Cites 10 - Cited by 72 - Full Document

Kora Ghasi vs State Of Orissa on 3 February, 1983

A perusal of the case of Kora Ghasi Vs. State of Orissa AIR 1983 Supreme Court 360 shows that charge for offence under Section 302 IPC was framed but the evidence for murder against the accused was found slender and he was convicted for offence under Section 201 IPC From the above position of law, it clearly emerges that a person can be convicted for offence under Section 201 IPC if offence under Section 302 IPC is not proved provided the Court is of opinion that no prejudice will be caused to the accused.
Supreme Court of India Cites 2 - Cited by 33 - Full Document
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