In Brief
A widow was murdered and robbed in Kerala in 2006. The trial court convicted one accused (No. 2) but acquitted another (No. 1, a domestic helper found tied in the house). The High Court set aside the acquittal and ordered retrial, finding the trial court had irregularly failed to frame charges under Section 34 IPC (common intention) despite framing an issue on it, and failed to examine key fingerprint evidence and consider whether the second accused acted alone. The Supreme Court upheld the retrial order, holding that such glaring procedural defects materially affecting the trial's fairness constitute exceptional circumstances justifying retrial under Section 386(a) Cr.P.C.
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