Under Section 427(b)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023, applying the Supreme Court's…

In Satyavir Singh Rathi v. State through CBI (2011), the Supreme Court held that where an alternative charge—now corresponding to murder and attempt to murder read with common intention under Sections 103 and 109 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023—had been expressly framed alongside a conspiracy charge and the accused had full notice of the facts, the trial court's omission to record a finding on the alternative charge after convicting on conspiracy did not amount to a deemed acquittal. Consequently, the Appellate Court is empowered under Section 427(b)(ii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 386(b)(ii) CrPC) to alter the finding to the alternative charge while maintaining the sentence.