NARESH PRABHUBHAI GOLANI vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

APEAL117&643_21.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.117 OF 2021 Naresh Prabhubhai Golani … Appellant Vs. State of Maharashtra and another … Respondents WITH CRIMINAL APPEAL NO.643 OF 2021 Dharmesh Vallabhbhai Patel … Appellant Vs. State of Maharashtra … Respondent --- Mr. Ashok Kumar Pandey i/b. SAVJ Law Solutions for Appellant in Criminal Appeal No.117 of 2021. Mr. Vinay Bhanushali (through Legal Aid) a/w. Pujan Patel and Mr. Sanmit Vaze for Appellant in Criminal Appeal No.643 of 2021. Ms. Sangita Phad, APP for Respondent - State. CORAM : MANISH PITALE & MANJUSHA DESHPANDE, JJ. Reserved on : NOVEMBER 19, 2025 Pronounced on : DECEMBER 15, 2025 JUDGEMENT (Per MANISH PITALE, J.) : . These two appeals challenge judgement and order dated 27.06.2019 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 Sections 302, 397, 364, 201, 120-B read with Section 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 MINAL Digitally signed by along with payment of fine amounts. MINAL SANDIP SANDIP PARAB Date: 2025.12.15 PARAB 15:49:19 +0530 1/31 APEAL117&643_21.doc 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