In Brief
Five accused were tried for murder and arms possession. The trial court convicted one under Section 302 IPC and Arms Act, but acquitted four others of murder and convicted them only under the Arms Act. On appeal, the High Court mistakenly re-convicted all four under Section 302/149 IPC without notice or opportunity to defend. The Supreme Court held this was fundamentally unjust: an accused cannot be convicted of a graver offence from which acquitted, and non-appealing co-accused are entitled to benefit when an order against all rests on error. The appeal was allowed and the case remanded to the High Court for proper rehearing on merits.
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