In Brief
The appellant was acquitted by the trial court of murder and dacoity charges in connection with the death of an elderly widow. The deceased's son challenged this acquittal before the High Court, which found the trial court had materially erred by omitting to frame charges under Section 34 IPC (common intention) despite raising the relevant issue. The High Court ordered a retrial. The Supreme Court upheld the High Court's decision, holding that such procedural defects in framing charges constitute exceptional circumstances justifying retrial, and the High Court properly exercised its discretion under Section 386 CrPC in ordering the matter be retried.
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