There is no difference in principle between a charge under section 302 read with 34 and a charge under section 302 read with 149 [See: Nanak Chand vs State of Punjab ([1955] 1 S.C.R.1201), Suraj Pal vs State of U. P. ; It is incorrect to say that the decision of the Privy Council in Subramania Iyer 's case as to what is an illegality has been modified by the subse 1145 quent decisions of the Privy Council, and, in fact, in Babulal Chowkhani 's case Lord Wright in delivering the judgment of the Board actually stated that it was taken as settled law by both sides that the breach of the provisions of section 239 of the Code of Criminal Procedure would be an 'illegality ' which would vitiate the trial as opposed to a mere 'irregularity ' which would not vitiate the trial.