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february 2003

Supreme Court of India · 2003-02-06

BHIMRAO @ RAMESH PANDHARI BHADE vs STATE OF MAHARASHTRA

Citation / case number
SC 1996/63828
Court
Supreme Court of India
Petitioner
BHIMRAO @ RAMESH PANDHARI BHADE
Respondent
STATE OF MAHARASHTRA
Author
SANTOSH HEGDE
Bench
N.SANTOSH HEGDE & B.P.SINGH

Judgment text excerpt

The Supreme Court addressed the convictions under Section 302 and Section 326 read with Section 149 IPC concerning an unlawful assembly that resulted in the death of Prabhakar Gawande. The Court upheld the High Court's finding that the common object of the assembly changed when some members entered the house and committed a more serious offense, thus distinguishing the culpability of those who remained outside. The Court confirmed the sentences of three years RI for the appellants under Section 326 IPC, affirming the principle that mere membership in an unlawful assembly does not equate to liability for all actions taken by its members if the common object differs.

BHIMRAO @ RAMESH PANDHARI BHADE vs STATE OF MAHARASHTRA · Niyam