LAWS(GJH)-2023-12-72

STATE OF GUJARAT Vs. PRAKASH @ PIDDU MITHUBHAI MULANI

Decided On December 07, 2023
STATE OF GUJARAT Appellant
V/S
Prakash @ Piddu Mithubhai Mulani Respondents

JUDGEMENT

(1.) Vide order dtd. 4/9/2023, after hearing the learned Advocates for the respective parties and on analysis of the evidence, oral as well as documentary and on perusal of the judgment and order of the trial Court, we had recorded the guilt of accused No.1 - Prakash @ Piddu Mithubhai Mulani. We had set aside the judgment and order passed by the trial Court acquitting the accused and the matter was kept for hearing on the question whether the conviction should be recorded under Ss. 302, 304 Part-I or 304 Part-II of the Indian Penal Code, 1806 (IPC). Today, we have again extended the opportunity to the learned advocate Dr.Hardik K. Raval appearing for the accused no.1 to make his submissions.

(2.) On 4/9/2023, the following order was passed:

(3.) After the aforenoted order was passed, the matter was adjourned, as learned Advocate Dr.Hardik K. Raval appearing for the accused no.1 was not in contact with him, and hence bailable warrant was issued. After he appeared before us, he had remained absconded and hence, the Court was constrained to issue non-bailable warrant and ultimately the accused was produced before this Court. Today, the accused is present before this Court.