10 persons were charged for offence under section 302/149 of Indian Penal Code which has been committed by only one person, and out of the 10, nine except the one who actually committed the offence, were acquitted, the person who actually committed the offence

Section 302 of the Indian Penal Code pertains to the punishment for murder.

Section 149 of the Indian Penal Code applies when an offence is committed by a member of an unlawful assembly in prosecution of the common object of that assembly, making all members of the assembly vicariously liable for the offence.

In this case, nine persons out of ten were acquitted, meaning that the unlawful assembly did not exist in the eyes of the law.

The person who actually committed the offence is individually liable for murder under Section 302, as his actions do not depend on the existence of the unlawful assembly for conviction.

Thus, the person who committed the offence can be convicted for the offence under Section 302 of the Indian Penal Code.