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1 - 10 of 38 (0.29 seconds)Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 498A in The Indian Penal Code, 1860 [Entire Act]
Section 106 in The Indian Evidence Act, 1872 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Sangaraboina Sreenu vs State Of Andhra Pradesh on 23 April, 1997
17. There are a catena of decisions of this Court on the
same lines and it is not necessary to burden this judgment
by making reference to each one of them. Therefore, in
view of Section 464 CrPC, 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. In
order to judge whether a failure of justice has been
occasioned, it will be relevant to examine whether the
accused was aware of the basic ingredients of the offence
50 Cr. Appeal (DB) No.312/2013
with
Cr. Appeal (DB) No.1109/2012
for which he is being convicted and whether the main facts
sought to be established against him were explained to
him clearly and whether he got a fair chance to defend
himself. We are, therefore, of the opinion
that Sangaraboina Sreenu [Sangaraboina Sreenu v. State
of A.P., (1997) 5 SCC 348 : 1997 SCC (Cri) 690] was not
correctly decided as it purports to lay down as a principle
of law that where the accused is charged under Section
302 IPC, he cannot be convicted for the offence under
Section 306 IPC."