Accused cannot be convicted for murder when material circumstances on which his conviction was based, had never been put to him during his examination.

Accused cannot be convicted for murder when material circumstances on which his conviction was based, had never been put to him during his examination.

The allegations against the accused persons were of assaulting the victim to death using deadly weapons. The material circumstances brought on record against accused persons on which their conviction is based has to be supplied to the accused persons for their defence. Material circumstance brought on record against the accused in evidence that deceased died due to injuries caused in attack made by accused persons was however not put to any of the accused. Accused persons were given no opportunity to explain circumstance in which deceased was allegedly killed which was brought on record during trial. The Supreme Court has acquitted accused from charges of murder.