Gujarat High Court
State Of Gujarat vs Prakash @ Piddu Mithubhai Mulani on 7 December, 2023
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
R/CR.A/527/1996 FARAD DATED: 07/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 527 of 1996
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STATE OF GUJARAT
Versus
PRAKASH @ PIDDU MITHUBHAI MULANI & 1 other(s)
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Appearance:
DR. HARDIK K RAVAL(6366) for the Opponent(s)/Respondent(s) No. 1,2
HCLS COMMITTEE(4998) for the Opponent(s)/Respondent(s) No. 1,2
NON BAILABLE WARRANT NOT RECEIVED BACK for the
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 07/12/2023
FARAD
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
The Hon'ble Court has dictated the Judgment today. The operative
portion of the judgment is as under:
9. In these circumstances the Accused cannot be granted the benefit
to the Exception to Section 300 of the IPC and the offence would not
fall either under the provisions of Part-I of Section 304 or Part-II of
Section 304 of the IPC.
10. The injury definitely was inflicted in such a manner which would
attract the provisions of Clauses 2ndly & 3rdly to Section 300 of IPC.
The Accused can be attributed with the knowledge that if in such
circumstances in which the deceased was made helpless and the injuries
inflicted on his vital part that would cut his veins of the neck, he would
NEUTRAL CITATION
R/CR.A/527/1996 FARAD DATED: 07/12/2023
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definitely succumb to death. The intention of causing such injuries on
the vital part of the body can be gathered from the act of the Accused as
the physical movement of the deceased was totally restricted and
confined and hence the Accused had all the opportunity to inflict the
injury on the vital part i.e. on the neck of the deceased cutting of the
veins. Thus, we reject the contention raised by the learned Advocate for
the Accused to give him the benefit of Exception 300 of the IPC. We
therefore convict the Accused Prakash @ Piddu Mithubhai Mulani for
committing the murder of the deceased and the incident satisfies the
provisions of Section 300 of IPC. Hence, the punishment which is
prescribed under the provisions of SEction 302 of IPC gets attracted.
The Accused Prakash @ Piddu Mithubhai Mulani is convicted for the
offence of murder and is sentenced to suffer life imprisonment.
11. At this stage, learned Advocate Dr. Hardik K. Raval for the
Accused has suggested that some time may be given to the Accused to
surrender.
11.1 Since the offence is of the year 1994 and we are recording the
conviction of the Accused - Prakash @ Piddu Mithubhai Mulani after
almost 30 Years, we grant the Accused - Prakash @ Piddu Mithubhai
Mulani 21 days' time to surrender before the concerned Trial Court
within a period of 21 days.
11.2 In case the Accused - Prakash @ Piddu Mithubhai Mulani fails
to surrender before the concerned Trial Court within the stipulated time
period, the concerned Trial Court shall undertake necessary procedure to
procure his presence.
11.3 The Accused - Prakash @ Piddu Mithubhai Mulani shall mark
NEUTRAL CITATION
R/CR.A/527/1996 FARAD DATED: 07/12/2023
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his presence before the concerned Police Station once in 5 days till he
surrenders before the concerned Trial Court.
J.N. WAGHELA
PPS/PS
