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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, MANJUSHA DESHPANDE
Naresh Prabhubhai Golani – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MANISH PITALE, J.
1. 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 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
For a conviction based on circumstantial evidence, each link in the chain must be established beyond reasonable doubt; failure to do so warrants acquittal.
A conviction based on circumstantial evidence requires a complete chain of evidence that excludes all reasonable hypotheses of innocence.
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The court reaffirmed that circumstantial evidence must connect all links beyond reasonable doubt and that possession of stolen items without explanation infers guilt.
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In a murder conviction based on circumstantial evidence, multiple corroborative factors, including the last seen theory and absence of alternative explanations, can establish guilt beyond reasonable ....
The main legal point established in the judgment is the application of the 'last seen together theory' and the reliance on circumstantial evidence, medical evidence, and recovery evidence to establis....
In criminal cases relying on circumstantial evidence, the prosecution must establish a complete chain of circumstances beyond reasonable doubt, leaving no room for alternative hypotheses of innocence....
The conviction based on circumstantial evidence is not sustainable without a complete chain of evidence, and undue delay in handling forensic samples raises integrity concerns.
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