When co-accused are acquitted under Section 302 with Section 34, one accused cannot be convicted under Section 302 alone, Supreme Court rules

5 November 2026

Justice Ujjal Bhuyan and Justice Atul S. Chandurkar decided Sau. Kamalbai Waman Patil v. State of Maharashtra, reported as 2026 LiveLaw (SC) 1139.
Four accused had been charged under Section 302 read with Section 34 of the Indian Penal Code, along with Sections 498A, 342 and 406 read with Section 34.
The High Court acquitted the others but convicted the appellant under the substantive offence of Section 302 by itself.
The Supreme Court held that this cannot be done unless an independent charge under Section 302 was framed against that accused.
Convicting her on a charge she never faced would prejudice her defence, the bench said.
The court also faulted reliance on an uncorroborated dying declaration when other dying declarations were inconsistent.
The conviction was set aside and the appellant was acquitted.