In Brief
In this murder case, the appellant was convicted under Section 302 IPC read with Section 34 (common intention) despite no formal charge being framed explicitly under Section 302 read with Section 34. The Supreme Court held that omission to formally frame a charge does not vitiate conviction if no 'failure of justice' has been occasioned. The gist of the charge sheet clearly disclosed the allegation of common intention to murder; the appellant understood what he was being tried for and defended on that basis throughout the trial without objecting to the formal defect. As the accused suffered no prejudice and had a fair trial with full opportunity to defend, the conviction was upheld.
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