Case Note & Summary
The case pertains to the murder of Hardik Mordiya, a delivery boy for a diamond business, who was abducted and killed on 17.11.2011 while delivering diamonds in Mumbai. The appellants, Naresh Golani and Dharmesh Patel, were convicted by the trial court for offences under Sections 302, 397, 364, 201, 120-B read with Section 34 IPC. The prosecution relied on circumstantial evidence including call detail records, last seen evidence, recovery of stolen diamonds at the instance of the appellants, and medical evidence. The High Court upheld the conviction, finding that the chain of circumstances was complete and pointed to the guilt of the appellants. The court held that the conspiracy to abduct and murder the deceased for diamonds was proved, and the sentences of life imprisonment and rigorous imprisonment were appropriate.
Headnote
A) Criminal Law - Circumstantial Evidence - Last Seen Theory - The deceased was last seen with the appellants and his body was found with injuries; the chain of circumstances was complete and pointed to the guilt of the appellants - Held that the conviction based on circumstantial evidence was justified (Paras 1-31). B) Criminal Law - Conspiracy - Section 120-B IPC - The call detail records and recovery of stolen diamonds at the instance of the appellants established a criminal conspiracy to abduct and murder the deceased for diamonds - Held that the conspiracy was proved (Paras 5-31). C) Criminal Law - Murder - Section 302 IPC - The deceased died due to strangulation and cut injuries; the medical evidence corroborated the homicidal death - Held that the offence of murder was made out (Paras 4-31). D) Criminal Law - Robbery - Section 397 IPC - The appellants used deadly weapons and robbed diamonds worth crores from the deceased - Held that the offence of robbery was established (Paras 2-31). E) Criminal Law - Abduction - Section 364 IPC - The deceased was abducted for the purpose of murder and robbery - Held that the abduction was proved (Paras 2-31). F) Criminal Law - Destruction of Evidence - Section 201 IPC - The appellants caused the disappearance of evidence by disposing of the body and diamonds - Held that the offence was made out (Paras 4-31).
Issue of Consideration
Whether the conviction of the appellants under Sections 302, 397, 364, 201, 120-B read with Section 34 of the Indian Penal Code, 1860, based on circumstantial evidence, is sustainable.
Final Decision
The High Court dismissed both appeals and upheld the conviction and sentence imposed by the trial court.
Law Points
- Circumstantial evidence
- last seen theory
- recovery of stolen property
- conspiracy
- murder
- robbery
- abduction
- destruction of evidence
- common intention
