Penal Code, 1860–Secs. 304 Pt. II & 338–Charge framed for the offense –Omission of word drunken condition in the charge–Whether material?–Held, no–No prejudice was caused to the appellant as he was fully aware of the prosecution evidence which consisted of his drunken condition at the time of the incident–PW 1 doctor who examined the appellant immediately after the incident, found him in drunken condition–He was not cross-examined by the appellant on this point–Police filed the report that he caused seven deaths by driving negligently in the condition of consuming alcohol–Held appellant was aware of this fact–No prejudice was caused to him–Plea negatived.
