In Brief
The appellant was convicted of murder and criminal conspiracy based solely on witness testimony that he stood outside with a weapon while others committed the crime. The Supreme Court allowed his appeal and set aside the conviction because the trial court failed to put this only incriminating allegation to the appellant for his explanation under Section 313 CrPC. The Court held that this procedural omission, combined with 27 years of delay and the appellant's prior incarceration of over 10 years, caused such serious prejudice that the conviction was vitiated and could not be cured by remand.
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