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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -168-will hear in sometime about the work which isto be done. And therefore, I had got afraid andhad left, and had said don’t say it to me.Guest means terrorist. After sometime, I got tohear the news of Akshardham incidence. Policehad taken my statement with regards to thefacts mentioned by me today. I was taken toGandhinagar court for statement. Since I hadnot seen the court, I asked the police to takeme along. …….Immediately after April 2002 that is afterabout one month, I did not reveal to anybodythat such carnage is going to happen. I don’thave relations with any police personnel. Iknow Crime Branch Officer Mr. Singhal. I cameto know him when he called me for the firsttime for statement. My friends are in garageprofession. After I came to know regardingthis carnage, I was not afraid at any time thatI may be implicated in this carnage. Witnesshimself states that I don’t know anything aboutit so why should I be afraid? I was suddenlycalled at Crime Branch on 6.9.2003. It is truethat next day, on 7 th , my statement wasrecorded. It is not true that I was kept forone month at Crime Branch. I have never met anybody after this. I had not talked with any oneof them.…..It is true that there was no activity in therelief camp at Bawahir Hall. It is true that Idon’t know anything about if there was anydaily note in register for entry/ exit inBawahir Hall. It is true that I have stated inexamination in chief that no work was assignedto me. It is true that when I was informedduring cross examination about my statement

Crl.A.Nos.2295-2296 of 2010 -169-having been recorded on 7.9.2003, at that timeI got idea about the date, month and year.…….Question: Had you understood at the respectivetime that confession of the offences is beingwritten?Answer: No, I have not committed any offence atany time, then how such confession can bewritten.I don’t remember if Magistrate Sir had askedme that the statement that will be given byyou, can be used against you.Question: If the Magistrate sir had asked youthat if police has done any misbehavior withyou?Answer: No misbehavior was done. Although I wasasked as such.It is not true whole of my reply (statement)was got written before Magistrate from mystatement and I didn’t say anything. I hadplaced only one signature in my statement,which was recorded before the Magistrate. It istrue that I had placed the signature on thelast page. It is not true that I am givingfalse deposition on oath. It is not true thatthe police had written my statement bythreatening me to make me accused. It is nottrue that I am giving false deposition eventoday under the threat of police.(emphasis laid by this Court)(translation extracted from the Additionaldocuments submitted the appellants)

Crl.AppealNo.2295-2296of2010
No. AHEC/PUR- 2295\ $':>~~ Dated: Sept .2-J ,2009
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