CR.A/675/2006 1/44 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 675 of 2006 With CRIMINAL APPEAL No. 677 of 2006 To CRIMINAL APPEAL No. 680 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE BANKIM.N.MEHTA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= VIJAYKUMAR RASIKLAL PATHAK - Appellant(s) Versus STATE OF GUJARAT - Opponent(s) ========================================================= Appearance: CRIMINAL APPEAL NO. 675/2006 MR. P.M. THAKKAR, LD. SR. COUNSEL WITH MR. UTPAL M PANCHAL for Appellant(s) : 1, MR. MAULIK NANAVATI, APP, for the Opponent CRIMINAL APPEAL NO. 677/2006 Mr. K.B. Anandjiwala and Mr. Utpal Panchal for the appellant Mr. MAULIK NANAVATI, APP, for the opponent CR.A/675/2006 2/44 JUDGMENT CRIMINAL APPEAL NOS. 678/2006 TO 68/2006 Mr. Utpal Panchal for the appellants Mr. Maulik Nanavati, APP, for the opponent ========================================================= CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Date : 10/10/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) The present appeals are filed by the appellants- accused against conviction and sentence as recorded by learned Sessions Judge, Surat, by his judgement and order dated 10.2.2006 in Sessions Case No. 78/2000. 2. Briefly stated, the facts of the case as recorded by the learned Sessions Judge, Surat, are that heinous crime is to the extent that one Bipinchandra J. Patel residing at Bhagunagar Society, Bhesan Road, Rander, Surat, resides with his wife Nitaben and two children. He was serving with Swami CR.A/675/2006 3/44 JUDGMENT Atmanand Saraswati Ayurvedic Sahakari firm at Varachha Road, Surat. His eldest son Chintan aged 9 years and a daughter aged about 5 years reside with them. Bipinchandra used to proceed on duty early in the morning at about 7.30 a.m. and used to return by evening at about 6.00 p.m. His wife Nitaben Satbhaya was a Corporator in Surat Municipal Corporation. She was a Chairperson of Law Committee. She was also President of Mahila Morcha – BJP. Everyday she used to attend Corporation at about 4.00 p.m. And used to return by 6.00 to 7.00 p.m. During noon, she used to remain at home. Number of people used to attend her for social work. It is further case of the complainant Bipinchandra Patel that, on 19.12.1998 at about 7.30 a.m., he proceeded on his duty, his wife and children were at home. At about 4.00 to 4.15 p.m., he got message from Vijaybhai Jagdishbhai Patel. Bipinchandra was informed about emergency and was requested to rush to his house. Immediately he left his office and proceeded to his house. Number of people gathered near his house. He went into the house and found his wife Nitaben in a pond of blood. She was murdered. There were incise wound on her cheek and throat. Profuse bleeding resulted into her death. He was unable to control himself. People took him to downstairs. It is further case of Bipinchandra that, his daughter Binny told him that she CR.A/675/2006 4/44 JUDGMENT and her mummy Nitaben Satbhaya were at residence, at that time, three unknown persons having white uniform had come. They caught hold of Nitaben and cut her throat by knife. She was frightened. She was also throttled but fortunately she survived. It is further case of the complainant that his daughter Binny shouted and requested one Kokiben. Kokiben came to the house. Meanwhile, thousands of people gathered on the scene of offence. Bipinchandra lodged a complaint before the Deputy Commissioner, Surat. Offence was registered. Investigation was entrusted to Shri Bhimsing Sursing Vasawa, Dy. Commissioner “G” Division, Surat. He was present on the spot. Inquest panchnama in presence of panchas was reduced into writing. The FSL authority and dog squad were invited on the spot. Blood samples from different parts of the house were collected. Panchnama of the scene of offence was reduced into writing on the same day. Dead body was sent to civil hospital for post-mortem. The clothes found on the dead body was produced by police constable and the clothes were seized. Further investigation was entrusted to DCB Police Station, Surat, as per direction given by the Commissioner of Police, Surat. 3. On the aforesaid facts, investigation was conducted in the manner as recorded by learned Sessions Judge, Surat, CR.A/675/2006 5/44 JUDGMENT in paragraph Nos. 3 and 4 of the judgement as under: “para 3 - Shri Mathurdas Gokuldas Kaneria was P.I., DCB at the relevant time. He inquired about the work and duty of deceased Nitaben Satbhaya as a Corporator of Surat Municipal Corporation. He also inquired as to the representation made by deceased against certain employees and officers of Surat Municipal Corporation. Mr. Kaneria found that Nitaben had represented against one Bhagatsinh working with Assessment Department. He also inquired about builder Maheshchandra Dhanraj Jain. 5 teams, each team headed by Police Inspector were trying to find out the culprit. The statement of Dipak Shukla and Vijay Pathak were recorded. Some indication were towards Chandrakant Kahar and Naresh Naptha. According to Mr. Kaneria, Chandrakant Kahar had admitted the offence inter alia contending that Naresh and Kalu were involved in the crime. All the three persons namely Chandrakant Kahar, Naresh Naptha and Kalu were arrested on 12.1.1999. Police custody remand for pretty long 10 days were obtained. According to Mr. CR.A/675/2006 6/44 JUDGMENT Kaneria, it was found that the admission of guilt by Chandrakant Kahar was not voluntary one. Lie detection was not in favour of the prosecution. The child witness Binny refused to identify these three persons as accused. The statement of Hemantbhai Chapatwala – the then Law Minister was recorded. One application was received by the Commissioner of Police. It was in Hindi language. Investigation on that line was entrusted to one Mr. PSI Mavani and ASI Vasant Eknath. The prosecution was unable to submit the charge sheet against arrested three persons namely Chandrakant Kahar, Kalu Dagga and Naresh Naptha within 90 days. On 20.4.1999, ACP Mr. Raj was directed to supervise the investigation. On 9.12.1999, Mr. Kaneria was transferred from Surat to Baroda, and the investigation was entrusted to PI Shri Gohil. Opinion from the Government Pleader was sought for, and it was opined that the evidence against above referred three persons was not sufficient to submit the charge sheet. Para 4 - Thereafter, further investigation was carried out by Shivsing Maansing Goil. On 17.12.1999, Mr. CR.A/675/2006 7/44 JUDGMENT Gohil got certain information and learnt that on the cross roads of Bhatar, some persons from Uttar Pradesh were discussing something about the murder of Nitaben Satbhaya near one tea pot holder. Inquiry was made. One Mr. Lalmani – Rickshaw driver interrogated. It was so learnt that Dharmendrasingh, Haider and Durga were involved in the offence. Durgaprasad and Haider were under PASA. Possession was obtained. Police custody remand was sought for. One Kakkusingh was also found to be connected with the crime. Dharmendra Omprakashsingh and Bambaiya were found to be connected with the crime. Ransom was given by accused Vijay Pathak and Dhirubhai Thummar through Munnabhai Dudhwala, according to prosectuion. One R.P. Singh wrote a letter to the Commissioner of Police somewhre in January, 1999. That investigation was still pending. Mr. Gohil submitted report under Section 169 of the Code of criminal Procedure on 18.12.1999 against Chandrakant Kahar, Kalu Dagga and Naresh Naptha and requested the Court to discharge them. On 19.12.1999, Dharmendrasing Malhar, Omprakash CR.A/675/2006 8/44 JUDGMENT Mishra, Kakkusing, Munno @ Dharmendarsing, his father Hansrajsingh, Vijay Rasiklal Pathak and Tehsildar Jaduvansingh were arrested. Haider and Durgaprasad were arrested on 23.12.1999. Hansraj produced the Bullet Motorcycle used and occupied by accused Munna @ Dharmendra. Motorcycle used by Kakkusingh was produced on 20.12.1999. It was Hero Honda motorcycle. Section 120-B of India Penal Code was placed at service. Section 212 r.w.Sec. 201 were added with the charge. PSI Ganasva was deputed to U.P. to trace out accused Bambaiya. Satyen Vijaykumar, son of Vijaykumar Rasiklal Pathak produced Fiat Car No. GJ 5-N 7898 allegedto have been used by accused for conspiracy of the crime. Yadi to Executive Magistrate for Test Identification Parade resulted into Test Identification parade on 21.12.1999. Minor Binny identified two persons as an accused. According to Mr. Gohil, accused Vijaykumar had partnership with Chhaganbhai Odhavji Patel. Mr. Gohil learnt that accused No. 3 Munna @ Dharmendrasinh had given certain amount out of ransom amount to one Zakirhusein to purchase one tractor. He had also CR.A/675/2006 9/44 JUDGMENT given rs. 50,000/- to one Lali to purchase Tata Sumo car. Mr. H.P. Singh was interrogated on 22.12.1999. He ascertained his authority of the letter. According to Mr. Gohil, Durgaprasad Mishra was the owner of Rickshaw No. 858 and it was used during the conspiracy. Investigation towards bank account of Munna @ Dharmendrasing and Vijay Rasiklal was in charge of PSI Mr. J.M. Patel. On 25.12.1999, Zakirhusein produced Rs. 35,000/- alleged to be part- payment towards purchase of tractor before PSI Patil. It was seized in presence of panchas. According to Mr. Gohil, Munna @ Dharmendrasinh Dudhwala had voluntarily produced the amount of ransom from one Niranjanbhai. Kakkusing had advanced Rs. 10,000/- to one Vijaykumar Tiwari. It was also recovered. On 15.3.2000 charge sheet was submitted against 11 accused.” 4. After submission of the charge-sheet, case is committed by the Committing Court to the Court of Sessions. The Court of Sessions framed charges against the accused persons in the following terms: CR.A/675/2006 10/44 JUDGMENT 1. Whether the prosecution proves beyond reasonable doubt that the death of Nitaben Satbhaya was not a natural death? 2. Whether the prosecution proves beyond reasonable doubt that there was a conspiracy to commit a murder of Nitaben Satbhaya? If yes, who are found to be conspirators for the same? 3. Whether the prosecution proves that accused Dharmendrasinh @ Malharsinh Tehsildarsing and Omprakash Ramdular Mishra along with absconding accused Badru @ Bambaiya murdered Nitaben on 19.12.1998? 4. Whether the prosecution proves that the ransom amount for the murder of Nitaben Satbhaya was given by accused No. 1 Vijaykumar Rasiklal Pathak and accused No. 2 Dhirubhai Virjibhai Thummar through accused No. 3 Dharmendrasing @ Munna Hansrajsinh Thakur? 5. Whether the prosecution proves any of the charge against any of the accused? 5. Charges were considered by the Court of Sessions. CR.A/675/2006 11/44 JUDGMENT The charge against accused vijaykumar Rasiklal Pathak, Dhirubhai Virjeebhai Thummar, Dharmendrasing @ Munna Hansrajsinh Takur, Dharmendrasinh @ Malharsinh Tehsildarsinh Rajput, Omprakash Ramdular Mishra, Kakkusinh @ Udaypratapsinh Ramashankersing Rajput, Durgasing Fatehbahadursing Thakur, Rajmangal @ Haider Deepnarayan Kurmi Patel, Umesh Gangaprasad Gaud, Mahesh Pratapsing Samarbahadursing Rajput and Tehsildar Jaduvansing Rajput is to the extent that accused No. 1 Vijaykumar Rasiklal Pathak belongs to Surat. He was serving as an officer with Insecticides of Surat Municipal Corporation. There were number of allegations pertaining to fraud and misappropriation against him. Somewhere on 14th February, 1998, accused No. 1 Vijaykumar Pathak was suspended. Departmental inquiry was initiated against him. On 18th February, 1998 accused No. 1 Vijaykumar Pathak resigned from the services. It is further charge against the accused that on 4.5.1998, the Commissioner of Surat Municipal Corporation gave a charge sheet to accused No. 1 inter alia contending that he misappropriated Rs. 12,50,375.75 from the Corporation. A complaint under Secs. 419, 420, 467, 468, 471, 477-A r.w. s. 409, 120-B coupled with Sec. 13(2) of the Prevention of Corruption Act was lodged against accused No. 1. It is further CR.A/675/2006 12/44 JUDGMENT charge against the accused that accused No. 1 was apprehending that Nitaben Satbhaya was behind the curtain for all these problems. It was at the initiation of Nitaben Satbhaya according to accused No. 1 and thereby accused No. 1 was having a profound feeling of revenge. It is further charge against the accused that son, daughter, wife and mother of accused No. 1 were the partners of accused No. 2 Dhirubhai Virjeebhai. They were dealing in building constructions. Accused No. 1 and accused No. 2 made a mind to remove Nitaben Satbhaya from this world. There was a conspiracy for the same. Accused No. 3 Dharmendrasing @ Munna Hansrajsinh Thakur was in contact with accused No. 2 Dhirubhai Virjeebhai Thummar from the period of Swati Chamber construction. They planned to offer ransom to the tune of Rs. 4,50,000/- to murder Nitaben Satbhaya. It is further charge against the accused that as a part of conspiracy, accused Nos. 1 and 2 took accused No. 3 at the residence of Nitaben Satbhaya. Fiat Car No. GJ-5N-7898 owned by accused No. 1 was used for the same. It is further charge against the accused that accused No. 4 Dharmendrasinh @ Malharsinh Tehsildarsinh Rajput and accused No. 6 Kakkusinh @ Udaypratapsinh Ramashankersinh Rajput were invited in the conspiracy. Accused Nos. 6 and 7 were utilizing Hero Honda CR.A/675/2006 13/44 JUDGMENT Motorcycle No. GJ-5-SS-230 and were keeping watch over the activities of Nitaben Satbhaya. It is further charge against the accused that accused No. 4 Dharmendrasinh @ Malharsinh Tehsildarsinh Rajput; accused No. 5 Omprakash Mishra and `wanted' accused Badru @ Bambaiya along with accused No. 7 Durgasingh Thakur, accused No. 8 Rajmangal @ Haider Deepnarayan Kurmi Patel, accused No. 9 Umesh Gangaprasad Gaud and accused No. 10 Mahesh Pratapsing Samarbahadursing Rajput joined in the conspiracy and prepared a plan to commit a murder of Nitaben Satbhaya. It is further charge against the accused that, as a part of conspiracy, on 19.12.1998 at about 4.00 p.m., accused No. 4 Dharmendrasinh @ Malharsinh Tehsildarsinh Rajput, accused No. 5 Omprakash rAmdular Mishra, accused No. 8 Rajmangal @ Haider Kurmi Patel and `wanted' accused Badru @ Bambaiya @ Umashanker Matadin went to the house of Nitaben Satbhaya. They utilized Hero Honda Motorcycle No. GJ- 5-SS-2663 and a rickshaw. It is further charge against the accused that accused Nos. 4, 5 and Badru @ Bambaiya entered into the house of Nitaben Satbhaya, caught hold her from the throat and cut her throat by using knife. It is further charge against the accused that bay Binny Bipinchandra, aged 5 years, was in the house. Accused also tried to murder her by CR.A/675/2006 14/44 JUDGMENT throttling, and thereby committed an offence punishable under Sections 452, 302, 307 r.w. Sec. 120B of the Indian Penal Code. It is further charge against the accused that accused No. 11 Tehsildar Jaduvansing Rajput was serving as Asst. Sub- Inspector, and he is father of accused No. 4 Dharmendrasinh @ Malharsinh Tehsildarsinh Rajput. He was aware about the conspiracy. He was supposed to disclose this conspiracy being a State Government servant. He ought to have arrested accused No. 4. Instead of it, accused No. 11 Tehsildar Rajput allowed accused No. 4 Dharmendrasinh @ Malharsinh Tehsildarsinh Rajput to escape and send him to his native place in U.P. It is further charge against accused No. 11 that threats were given. Accused No. 11 tried to see that the amount of ransom remain with his son Dharmendarsinh @ Malharsinh Rajput, and thereby, accused committed an offence punishable under Section 202, 212, 217, 225-A read with Section 120B of the Indian Penal Code. Thus, the charge against all the accused is for conspiracy to commit a murder of Nitaben Satbhaya which is punishable under Section 120B, 452, 302, 307, 202, 212, 217, 225-A of the Indian Penal Code. Thus, the charge against all the accused is for conspiracy to commit a murder of Nitaben Satbhaya which is punishable under Section 120-B, 452, 302, 307, 202, 212, 217, 225-A of CR.A/675/2006 15/44 JUDGMENT the Indian Penal Code. It is further charge against the accused that at the relevant time, there was a notification by Commissioner of Police under Section 135 of the Bombay Police Act. Accused moved with deadly weapons like knife in open and thereby, committed an offence punishable under Section 135 of the Bombay Police Act. 6. Accused persons denied the charges and claimed trial. The prosecution examined witness as delineated hereinbelow and tendered documents as narrated in the following paragraphs. 7. The prosecution examined Ashwin Balwantbhai Patel at Exh. 164; Geetaben Bhaskarbhai Desai at Exh. 167; Satishkumar Fulsingh Rajput at Exh. 169; Dr. Mohd. Ilyas Ishak Mohd. Shaikh at Exh. 173; Danjibhai Arjunbhai Baraiya at Exh. 180; Naginbhai Somabhai Prajapati at Exh. 183; Dawoodbhai Gulam Mohammed Mistry at Exh. 185; Kiritbhai Rameshbhai Patel at Exh. 186; Dharmesh Uttamsingh Bundela at Exh. 188; Pravinbhai Virjeebhai Sarvaiya at Exh. 190; Bilal Ahmed Abdul Hamid at Exh. 191; Sanjay Hasmukhlal at Exh. 193; Firoz Rasul Siddi at Exh. 194; Kanubhai U. Patel at Exh. 195; Niranjanbhai Damodar Bhagat at Exh. 199; Vijaybhai Ramkishan Tiwari at Exh. 200; Rajeshbhai Chandrakantbhai Modi at Exh. 201; Jitubhai Gangabhai Kahar at Exh. 203; Zakir Gulamrasul CR.A/675/2006 16/44 JUDGMENT Kadiwala at Exh. 206; Chintan Bipinchandra Patel at Exh. 207; Dr. Jayantibhai D. Patel at Exh. 208; Kokilaben Rameshbhai Patel at Exh. 209; Dharmendra @ Lali Amarsinh Hanjra at Exh. 210; Bipinchandra Jaganbhai Patel (Satbhaya) at Exh. 212; Lalmani Satyanarayan Mishra @ Deviprasad Mishra at Exh. 214; Mumtazali Rasulmiya Saiyed at Exh. 218; Binny Bipinchandra Patel (Satbhaya) at Exh. 223; Mohammed Jafferbhai Tarofawala at Exh. 231; Udaysinh Shivsinh Rajput at Exh. 232; Hansrajsinh Rajdevsinh Thakur at Exh. 236; Chhaganbhai Odhavji Vaghani at Exh. 237; Sehatbahadur Ramnaresh Patel at Exh. 248; Ranjitsinh B. Rajput at exh. 252; Vasant Eknath at Exh. 256; Asifkhan D. Pathan at exh. 258; Bhimsing Sursing Vasava at Exh. 268; Jayantilal Mafatlal Patel at Exh. 270; Parbatsinh P. Vasava at Exh. 275; Navinbhai devjibhai Chauhan at Exh. 281; Manharbhai Devjibhai Solanki at Exh. 282; Mathurbhai G. Kaneria at exh. 294; Chhibubhai Uttambhai Patel at Exh. 302; Mahendrabhai H. Jagiwala at Exh. 310; Virandra Bhanuprasad Bhatt at Exh. 313; Arvindbhai Ratilal Desai at Exh. 315; Shivsing Maansing Gohil at Exh. 329; Vinodchandra B. Patel at Exh. 343; Vijaybhai Harishbhai Shkla at Exh. 348; Nareshkumar Banwarilal Agrawal at Exh. 353. The prosecution has produced the documents as under: 1. Slip signed by the panchas Exh. 165 CR.A/675/2006 17/44 JUDGMENT 2. Panchnama of place of offence Exh. 166 3. Inquest Panchnama Exh. 168 4. Panchnama of seizure of muddamal Exh. 170 5. P.M. Report Exh. 175 6. Medical Certificate Exh. 176 7. Panchnama of Motorcycle Exh. 181 8. Panchnama of Bullet Motorcycle Exh. 182 9. Panchnama Exh. 184 10. Panchnama of Fiat Car Exh. 187 11. Panchnama of vehicle and amount Exh. 189 12. Panchnama of amount Exh. 192 13. Panchnama of rickshaw Exh. 196 14. Panchnama of identification of letter Exh. 202 15. Panchnama of RPAD cover Exh. 204 16. Letter of holding Identification Parade Exh. 219 17. Test Identification Parade notes Exh. 220 18. Letter from Addl. Exe. Magistrate, Surat City Exh. 222 19. Panchnama of recovery of ransom CR.A/675/2006 18/44 JUDGMENT amount Exh. 233 20. Copy of Deed of Partnership Exh. 238 21. -do- Exh. 239 22. Cover containing letter addressed to Shri Kuldeep Sharma, Commissioner of Police, Surat (Muddamal Art. No. 15) Exh. 249 23. Cover received by Police Commissioner Surat (Muddamal Art. No. 16) Exh. 250 24. Extract of Telephone Vardi of Rander P.S. Exh. 259 25. Copy of Station Diary Entry of Rander P.S. Exh. 259-A 26. Extract of Station Diary Entry of Rander P.S. Exh. 261 27. FIR Exh. 269 28. Extract of statement of A/c. from Canara Bank of Bhakti Vijay Pathak and Mukesh Bhatt Exh. 271 29. Extract of statement of A/c. from Canara Bank of Ketki Vijay Pathak and Bhakti Vijay Pathak Exh. 272 CR.A/675/2006 19/44 JUDGMENT 30. Extract of statement of A/c. from Canara Bank of Swati Vijay Pathak and Bhakti Vijay Pathak Exh. 273 31. Office order by Commissioner, Surat Muni. Corporation Exh. 283 32. Office order of Surat Municipal Corpn. Exh. 284 33. Office order of Surat Municipal Corpn. Exh. 285 34. Resignation letter of accused Vijay Pathak Exh. 286 35. Office order of Surat Municipal Corpn. Exh. 287 36. -do- Exh. 288 37. Charge sheet filed against V.R. Pathak Exh. 289 by Commissioner, Surat Muni. Corpn. 38. -do- Exh. 290 39. Copy of letter by V.R. Pathak to Section Officer, SMC Exh. 291 40. Letter by Departmental Inquiry Officer to V.R. Pathak Exh. 292 41. -do- Exh. 293 CR.A/675/2006 20/44 JUDGMENT 42. Extract of statement of account from Canara Bank in the name of Bhakti V. Pathak and Mukesh Bhatt Exh. 303 43. Copy of Form for opening account in Bank Exh. 304 44. Copy of Ration Card Exh. 304-A 45. Copy of extract from bank account Exh. 305 46. Copy of Form for opening account in Bank Exh. 306 47. Statement of account of Swati Vijaykumar Pathak Exh. 307 48. Form of opening account Exh. 308 49. Copy of Ration Card of V.R. Pathak Exh. 308-A 50. Details of account from Dena Bank for Dhirubhai Virjibhai Exh. 311 51. Statement of account from Dena Bank for Dhirubhai Virjibhai Patel Exh. 312 52. Statement of account from Dena Bank for M/s. Sonal Developers Exh. 314 53. Account Card No. 1275 by The Surat District Co-op. Bank Ltd. Exh. 316 CR.A/675/2006 21/44 JUDGMENT 54. Extract of statement of account of Vijaykumar Rasiklal Pathak from The Surat Dist. Co-op. Bank Ltd. Exh. 317 55. -do- Bhaktiben Vijaykumar Pathak Exh. 319 56. Account Card from the Bank Exh. 320 57. Extract of statement of account of Swatiben Vijaykumar Pathak from The Surat Dist. Co-op. Bank Ltd. Exh. 321 58. Account Card from the Bank Exh. 322 59. Extract of statement of account of Ketki Vijaykumar Pathak from The Surat Dist. Co-op. Bank Ltd. Exh. 323 60. Letter by Police Inspector, DCB Police Station, Surat Exh. 330 61. Copy of acknowledgement of return of Income of M/s. Sonal Developers Year 1999-2000 Exh. 354 62. Copy of Return of Income in Form No. 2 of M/s. Sonal Developers Exh. 355 CR.A/675/2006 22/44 JUDGMENT 63. FSL report Exh. 374 64. Serology report Exh. 375 65. List regarding the work and complaint by Nitaben Satbhaya Exh. 376 66. Xerox copy of letter written by Nitaben Satbhaya to the Commissioner, Surat Muni. Corpn. Exh. 377 67. -do Exh. 378 68. -do- Exh. 379 69. -do- Exh. 380 70. -do- Exh. 381 71. -do- Exh. 382 72. -do- Exh. 383 Exh. 384 73. Xerox of report from City Engineer, SMC Exh. 385 74. Xerox copy of letter from Vigilance and Inspection Officer, SMC Exh. 386 75. Xerox copy of report from I/c Toll & CR.A/675/2006 23/44 JUDGMENT Octroi Supdt., SMC Exh. 387 76. Xerox copy of letter written by Nitaben Satbhaya to Commissioner, SMC (with paper cutting) Exh. 388 77. Xerox copy of letter written by Nitaben Satbhaya to Commissioner, SMC Exh. 389 78. Xerox copy of letter written by Nitaben Satbhaya to the Collector, Surat Exh. 390 79. Reply given by Nitaben to the Town Planner, Surat Municipal Corpn. Exh. 391 80. Xerox copy of letter written by Zonal Officer, South Zone, Udhna, to Dy. Commissioner (Spl.) Exh. 392 81. Xerox copy of letter written by Zonal Officer, South Zone, Udhna to Office Supdt., SMC Exh. 393 82. Xerox copy of letter written by Nitaben Satbhaya to Comm., Surat Municipal Corporation, Deputy Collector, Choryasi CR.A/675/2006 24/44 JUDGMENT Prant Exh. 394 83. Written submission regarding works related to Commissioner, Surat (with letters) Exh. 395 84. Xerox copy of letter writte by Nitaben Satbhaya to Vigilance & Inspection Officer, SMC Exh. 396 85. Xerox copy of letter written by Nitaben Satbhaya to Section Officer, North Zone Exh. 397 86. Letter written to Commissioner, Surat, regarding misappropriation committed in Assessment Department, Katargam Zone Exh. 398 87. Copy of letter addressed to Commissioner, SMC from R.S.S. Vande Matram to carry out inquiry about irregularities in various Depts. Exh. 399 88. Original letter from F.S.L., Surat Exh. 401 89. Original letter from F.S.L. Ahmedabad Exh. 402 CR.A/675/2006 25/44 JUDGMENT 90.