2025 INSC 1266 REPORTABLE IN THE SUPREME COURT OF INDIA (CRIMINAL APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 1755 OF 2011 HARIBHAU @ BHAUSAHEB DINKAR KHARUSE & ANR.

…APPELLANTS VERSUS THE STATE OF MAHARASHTRA …RESPONDENT WITH CRIMINAL APPEAL NO(s). 150-151 OF 2013

J U D G M E N T

VIPUL M. PANCHOLI, J.

1. Criminal Appeal No. 1755 of 2011 is an appeal filed under Section 379 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the CrPC”) and Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (hereinafter referred to as Signature Not Verified Digitaly signed by KANCHAN CHOUHAN Date: 2025.10.30 “the Supreme Court Act”), by Haribhau @ Bhausaheb Dinkar Kharuse Reason:

(accused no. 3/appellant no. 1) and Raju @ Rajendra Bhiwrao Shirwale (accused no. 4/appellant no. 2), challenging the final judgment dated 02.02.2011 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 626 of 2001, whereby the High Court partly allowed the said appeal and reversed the order of acquittal for the offence punishable under Sections 302 and 307 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as “the IPC”), vi