- (1.) This Is An Appeal Preferred By The State Of Gujarat, under Section 378 (3) of the Criminal Procedure Code, 1973, against the judgment and order of acquittal dated 26.6.2004, recorded by the learned Additional Sessions Judge (F.T. Court No.9), Vadodara, in Sessions Case No.1 of 1999.
(2.) It Is The Case Of The Prosecution That On 9.10.1996 At about 3.30 p.m., complainantSandhyaben was at home, at that time, one DeepakAssistant of Dr.Ashwin Bhammar and servant of doctorJvalit Hasmukhlal Sheth came to her house and informed that her husband is calling her with TV, Bank Passbook and papers of her house and dispensary and also books of account of doctor to the quarters of Neurosurgeon Institute. By saying so, Deepak took TV from her house and kept it in an auto rickshaw and the complainant after taking her passbook of State Bank of India, Harani Road Branch went to the dispensary of doctor Jvalit Hasmuklal Sheth where her husband had gone for service at 8.00 a.m. When she reached at 'the dispensary of Dr.Jvalit Hasmukhlal Sheth, she was kept waiting outside the office of Dr.Jvalit Sheth. Thereafter, she told the nurse on duty that she is wife of Manish and to ask Dr.Jvalit Sheth as to why he was called her and also to let her inside the office. After some time, Dr.Jvalit Sheth came out of the office. Thereafter, the complainant asked whereabouts of her husband Manish Desai. On saying so, Dr.Jvalit Sheth started abusing her and asked where they have kept the account books and other items. She replied that Manish is her husband and without his permission she cannot hand over the papers but Dr.Jvalit Sheth did not permit her to meet Manish and sent her in rickshaw along with Deepak.
(3.) It Is Further The Case Of The Prosecution That When she reached home, Dr.Ashwin Bhammar alongwith another doctor Paresh Bhai of Jyoti Medical came behind in a car. Thereafter, upon opening the lock of her house, Dr.Ashwin and another doctor took away all the documents, bank account passbooks from the cupboard and went away at about 5.00 p.m. Thereafter, at about 8.00 p.m., her husband came home in an auto rickshaw. When she inquired with Manish, he told her that Dr.Jvalit Sheth had betrayed him and has obtained his signature on blank paper and told that he owes Rs.70,000/ from him and from morning Dr.Jvalit has confined him in the office. He further stated that Dr.Jvalit Sheth had threatened him that he would have to rewrite his books of account of black money, failing which, he would kill him or file a police case against him.;