Supreme Court on Common Object and Vicarious Liability under Section 149 IPC.

Headnote:

The Supreme Court upheld the conviction of the appellants under Sections 302 and 307 read with Section 149 of the Indian Penal Code (IPC), holding that all members of the unlawful assembly were equally liable for murder and attempt to murder since they shared a common object to kill. The Court observed that even if an individual did not inflict the fatal injury, their participation, presence, and support to the main assailants were sufficient to attract liability under Section 149 IPC. The Court emphasized that when the act is the result of a shared intention or object, every member of the assembly is vicariously responsible.

Background:

• The case arose from an incident where a group of assailants attacked the victims, leading to one death and serious injuries to others.

• The Trial Court convicted some accused but acquitted others; however, the High Court reversed the acquittal based on credible eyewitness testimony.

• The appellants challenged the High Court’s decision before the Supreme Court, contending that they did not cause the fatal injuries and had no common object to kill.

Court’s Observations:

• The presence of the appellants at the scene with weapons and their active participation in surrounding the victims showed clear involvement in the crime.

• The consistent and reliable statements of injured eyewitnesses were rightly relied upon by the High Court.

• The Court held that even if a specific overt act by each accused was not proved, their membership in the unlawful assembly with a shared intention to commit murder made them equally liable.

• The Supreme Court found no perversity or error in the High Court’s reasoning and reaffirmed that vicarious liability under Section 149 IPC applies when a common object to commit a serious offence is evident.

• The appeals were dismissed, and the convictions were confirmed.

Legal Provisions Discussed:

• Section 149, Indian Penal Code, 1860 (IPC) – Every member of an unlawful assembly is guilty of the offence committed in prosecution of the common object.

• Sections 302 & 307, IPC – Punishment for murder and attempt to murder.

• Section 141, IPC – Definition of unlawful assembly.

• Article 136, Constitution of India – Special leave to appeal before the Supreme Court.

Citation: 2025 INSC 1266

Case: Haribhau @ Bhausaheb Dinkar Kharuse & Anr. v. State of Maharashtra

Court: Supreme Court of India

Coram: Justice Abhay S. Oka & Justice Ujjal Bhuyan

Date of Decision: 29 October 2025

Criminal Appeal Nos.: 2580–2583 of 2011