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Haribhau @ Bhausaheb Dinkar Kharuse & Anr. vs. The State of Maharashtra

Not available · 2025 INSC 1266Decided 29 Oct 2025
Not available
Justice Prashant Kumar Mishra · Justice Vipul M. Pancholi

Background

During wedding festivities in a village in Pune district in April 1999, a member of one family group was assaulted, leading to a police complaint. The next day, while the complainant's relatives were returning by jeep, they were confronted by a group associated with the accused, resulting in a violent clash in which people were killed and injured. The trial court had acquitted several accused of the murder/attempt-to-murder charges under Sections 302 and 307 read with Section 149 IPC (offences by an unlawful assembly sharing a common object), but the Bombay High Court, on the State's appeal, reversed the acquittal for some of the accused and convicted them.

Decision Breakdown

The Supreme Court reviewed the evidence regarding whether the appellants were part of an unlawful assembly sharing the "common object" of causing the deaths/injuries, which is what makes each member vicariously liable under Section 149 IPC for acts committed by the group even if they did not personally strike the fatal blow. The Court found no error in the High Court's conclusion that the ingredients of Section 149 IPC were fully satisfied and that each appellant was a knowing participant in the unlawful assembly's common object. It accordingly affirmed the conviction and sentence and dismissed the appeals as devoid of merit.

Lesson Learnt

Under Indian criminal law, a person who is part of a group ("unlawful assembly") sharing a common violent purpose can be held criminally liable for the group's actions, including a killing, even without personally committing the fatal act, if the group's shared intent (common object) is proved.

Official source (sci.gov.in)View Judgment (PDF)

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