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Supreme Court of India 2025-10-29 dismissed

Haribhau @ Bhausaheb Dinkar Kharuse & Anr vs State of Maharashtra

Bench: 2 — Prashant Kumar Mishra, Vipul M. Pancholi

In Brief

Three appellants were convicted of murder and grievous hurt under Sections 302/307 read with Section 149 IPC (unlawful assembly) for a coordinated violent attack resulting in death. The Trial Court had acquitted two appellants; the High Court reversed this acquittal based on consistent eyewitness accounts and medical evidence. The Supreme Court affirmed the convictions, holding that: (1) the eyewitness testimonies of injured victims and the complainant were natural, coherent and mutually corroborative; (2) medical evidence strongly corroborated the ocular account; (3) all appellants actively participated or facilitated the premeditated assault; (4) Section 149 IPC imposes vicarious liability on all members of an unlawful assembly once common intention and participation are proved. The Court dismissed the appeals, finding no perversity in the High Court's reversal of the acquittal and affirming the conviction and life sentence.

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Criminal Procedure Unlawful Assembly Vicarious Liability Evidence Eyewitness Testimony Medical Evidence Appellate Review Acquittal Murder Grievous Hurt

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