In Brief
The appellant and his brother were involved in an altercation at a farm. The appellant was charged with firing a gun in the air, while his brother was charged with running over and killing the deceased with a car. The trial and High Court courts convicted the appellant of causing the deceased's death under sections 304 Part-I/II of the IPC based on the brother's FIR. The Supreme Court held this was impermissible: the appellant was not charged with running over the deceased; the injury report showed no gunshot wounds; and it is unlawful to convict based on questions under section 313 CrPC for an uncharged offence. The Court partly allowed the appeal, setting aside the death conviction and imposing a one-year sentence under section 323 IPC for voluntarily causing hurt.",
The lawyer headnote and full judgment text are available to registered users.