In Brief
Kamil was convicted of murder under Section 302 read with Section 34 IPC (common intention) along with co-accused for killing Akhlaq during a group attack with weapons. Kamil appealed, arguing that no formal charge under Section 302/34 was framed against him, allegedly vitiating the conviction. The Supreme Court held that although the formal charge was omitted, the charge sheet's substance clearly alleged his participation with common intention, and Kamil's own conduct during trial (defending against the actual charge, not contesting its framing) demonstrated he understood what he was tried for. The conviction stands as no prejudice or failure of justice occurred; procedural defects do not vitiate convictions where the accused had a fair trial and full defence opportunity.
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