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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -190-PW-91, in his deposition before the Special Court(POTA) (Ex.522), had made the following statement:“Thereafter, we had carried out search ofentire area of Akshardham and all explosivesthose were not exploded, we had destroyed allof them at the same place. Thereafter, I handedover two dead bodies, two AK 47/56 Rifles,chocolates, one live hand grenade, two chitsfound from dead body, and other articles bypreparing its separate list to D.S.P. Shri G.L.Singhal.…… I am shown the articles of list Exhibit 524.I am shown both the letters written in Urdulanguage Mark-P. After seeing that I say thatthe same were found from pocket of cloth onbody of those persons. One letter was foundfrom each both of them, and at backside part ofthe letter signature has been made by ForceCommand Brigadier Rajsitapati, and I identifyhis signature. I was knowing him for one yearof incident and I was serving with him,therefore I identify his signature. I wascommander of task force and Brigadier Sitapatiwas as Force Commander. One maulvi was calledin presence of us both and other persons, whowas conversant with the Urdu language. Theletters which were obtained by me from pocketof cloth put on by terrorists, he had donetranslation of its writing, wherein as per mymemory such fact was written that, this attackwas by way of reply to the communal riots tookplace in Gujarat state, wherein both terroristswere of “Atok” region of Pakistan. I am shownmuddamal. After seeing that, I say that, thisis the same muddamal, as had been handed over

Crl.A.Nos.2295-2296 of 2010 -191-to Gujarat police by me after preparing listthereof.”(emphasis laid by this Court)(translation extracted from the Additionaldocuments submitted on behalf of theappellants)Further, during cross examination by the counsel onbehalf of the accused persons, PW-91 deposed that:“At the time of seizing the articles whicheverwere found as articles which ever found fromthe bodies of both the terrorists, from theirpockets and Rucksack I was continuouslypresent there. I don’t remember that by whichof my army man these articles had beenobtained. It is not true that I cannot say asto which of the army man had taken out whichof the articles and from where taken out. Idon’t remember name of Jawan who had preparedlist of Exhibit 524, but list was prepared inmy presence. It is true that no signature ofconcerned Jawan has been obtained on Exhibit524.….. Both the two chits, which I state to havebeen found, were found from pocket of pant ofterrorists. The search of both of them wascarried out by one Junior Commissioned Officerand two Jawans, wherein Junior CommissionedOfficer was carrying out search and both thejawans were collecting the articles found.

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