NARESH PRABHUBHAI GOLANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals challenge judgement and order dtd. 27/6/2019 passed by the Court of Sessions at Mumbai (hereinafter referred to as the 'trial Court ') in Sessions Case No.253 of 2012, whereby the appellants have been convicted and sentenced under Ss. 302, 397, 364, 201, 120-B read with Sec. 34 of the Indian Penal Code, 1860 (IPC). They have been sentenced to suffer rigorous imprisonment for periods ranging from 7 years to imprisonment for life along with payment of fine amounts.

(2.) The prosecution case is that the deceased Hardik Mordiya was working as a delivery boy for the first informant - Parth Mehta and his father - Mukesh Mehta, who were in the business of sale of diamonds, operating from Opera House at Mumbai. On 17/11/2011, in the evening at about 5:30 p.m., the deceased was given four packets containing diamonds to be delivered at various shops at Opera House Diamond Market. Since the deceased did not reach his house till late in the evening, at about 10:30 p.m., the brother of the deceased i.e. Bipin Mordiya (P.W.14) informed the first informant - Parth Mehta (P.W.1). Since the first informant (P.W.1) could not find the deceased in the area around Opera House, he lodged a missing person report with D. B. Marg Police Station.

(3.) On the next day i.e. 18/11/2011, the first informant (P.W.1) and his father made enquiries with diamond merchants to whom the diamonds had been sent about having received the diamonds. One such diamond merchant informed that a packet containing diamonds weighing 725.52 carats had not been received. At this stage, the first informant (P.W.1) informed the police at D. B. Marg Police Station, in writing, that the deceased had been abducted for the said diamonds.