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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -206-blood of Hindus, police will come out and nowShiv Sena, VHP and temple will be burnt and dueto that Muslims will get relief and called uponall Muslims to take revenge by shakingshoulders, and if you want to live, live withpride and if you want to die, then die withpride. This gift of massacre is for Advani andModi….by saying to give both these chits andpen to fidayins on next day, I had given it toMaulvi Abdullah………we performed two rakat fazal namaz, and as Icalled upon both fidayins to state their realnames to make prayer for success of massacre,their safety and if they are died then they aregoing to heaven, doctor-2 stated his real nameas Hafiz Yasir res. Lahore, Pakistan andDoctor-3 (Ashraf) stated his real name asMohammed Faruk residence Ravalpindi, Pakistanand for their prayer we all five personsperformed two rakat nafal namaz and gave hug toeach other. At that time Maulvi Abdullah hadgiven one chit each to the fidayin written byme in Urdu yesterday as per my instruction andif in future chits are caught to show thatchits are written by fidayins he had also giventhem pen.During this in the encounter with armed forces,they both terrorists are also killed and onechit each having one kind of urdu writing havebeen found from pockets of both. I had seenphotographs of those chits and photographs ofboth the terrorists killed afterwards in T.Vand newspapers. I identified that those chitsare same which I and Maulvi Abdullah madediscussion and both terrorists who died weredoctor-1 and doctor-2.”(emphasis laid by this Court)

Crl.A.Nos.2295-2296 of 2010 -207-(translation extracted from the Additionaldocuments submitted on behalf of the State ofGujarat)Therefore, by placing reliance upon the confessionalstatement of A-4, read with the contents of theletters mentioned above and the opinion of the handwriting expert,Jagdish Bhai(PW-89) the learned counselon behalf of the prosecution contended that thealleged letters had been written by A-4.105. The learned counsel for the accused persons havecontended that the statement under Section 161 of theCrPC, of the key witness PW-91, Maj.Jaydeep Lamba wasnot recorded. We have to accept this contention as theinvestigating officers have conveniently omitted torecord the statements of witnesses which could haveestablished beyond reasonable doubt that the letterswere the same ones as discovered from the site ofoffence. They tied A-4 to the letters merely based on

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