In this case of assault by unlawful assembly resulting in death of deceased, there was defective framing of charge by not specifically charging respondent-accused herein under S. 149 IPC. It was held that ingredients for offence under S. 302 r/w S. 149 and S. 148 IPC were specifically brought to notice of accused. Considering S 464 CrPC, mere defect in language, or in narration or in form of charge would not render convicion unsustainable, provided accused is not prejudiced thereby, therefore, held, S. 464 CrPC is attracted.
[State of U.P. v. Subhash, (2022) 6 SCC 508]