HARIBHAU @ BHAUSAHEB DINKAR KHARUSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 1755 of 2011 is an appeal filed under Sec. 379 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the CrPC") and Sec. 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (hereinafter referred to as "the Supreme Court Act"), by Haribhau @ Bhausaheb Dinkar Kharuse (accused no. 3/appellant no. 1) and Raju @ Rajendra Bhiwrao Shirwale (accused no. 4/appellant no. 2), challenging the final judgment dtd. 2/2/2011 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 Sec. 149 of the Indian Penal Code, 1860 (hereinafter referred to as"the IPC"), vide the judgment dtd. 18/5/2001 passed by the VIII Additional Sessions Judge, Pune, in Sessions Case No. 72 of 2000.

(2.) Criminal Appeal No. 150-151 of 2013 is an appeal filed under Sec. 379 of the CrPC and Sec. 2(a) of the Supreme Court Act, by Subhash Raghunath Pawar (accused no. 6/appellant), challenging the final judgment dtd. 2/2/2011 passed by the High Court of Judicature at Bombay in Criminal Appeal No. 517 of 2001, whereby the High Court dismissed the said appeal and confirmed the order of conviction for the offence punishable under Sec. 307 read with Section 149 of the IPC. The High Court also reversed the order of acquittal for the offence punishable under Sections 302 read with Section 149 of the IPC vide the judgment dtd. 18.05.2001 passed by the VIII Additional Sessions Judge, Pune, in Sessions Case No. 72 of 2000.

(3.) The brief facts of the present case as per the appellants is that from 25.04.1999 to 27.04.1999, several wedding ceremonies were held in different branches of the Gholap family at village Kari, Pune District. On 26.04.1999, during a wedding procession, Ankush Gholap was assaulted on his head by Vitthal Deoba Gholap, brother of Pandharinath Devba Gholap (accused no. 1). Ankush subsequently registered a police complaint that same night with Bhor Police Station.