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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -48-injuries received by the fidayeens and assigned thereason in paragraph 189 of the impugned judgment as“But then the truth is stranger than fiction” and thatit is not possible to disbelieve that two Urdu letters(Exh.658) were recovered from the bodies of thefidayeens. It was stated by the High Court that boththe letters were signed by Brig. Raj Sitapati of NSG.The recovery of these letters is recorded in themuddamal articles as per list (Ex.524) which werereceived by ACP G.L Singhal (PW-126) in the premisesof Akshardham temple itself under Panchnama (Ex.440),signed by the Police Officer Shri Prakashchandra Mehra(PW-105 : Exh.592). The evidence and the opinion(Exh.511) of the handwriting expert J.J.Patel (PW-89:Exh.507) was relied upon to prove that the saidletters were written by A-4.34. The argument advanced by the learned counsel forthe accused persons regarding the subsequent plantingof letters was rejected by the High Court, stating

Crl.A.Nos.2295-2296 of 2010 -49-that if this argument was to be accepted, then theaforesaid evidence adduced by the prosecution has tobe disbelieved and it has to be held that the policehad such presence of mind that in the:“milieu of the aftermath of the terroristattack, the police thought of creating theevidence, found out a person who knew Urdu,got them to write the write-ups in handwritingthat would match the handwriting of accusedno.4, Abdul Kayyum, made Lt.Col Lamba andBrig. Raj Sitapathi their accomplices and thatthe two officers of the NSG readily agreed tobe the accomplices. SO did the panch witness,Vinod Kumar(PW-74) and Dilip Sinh (PW-1). Thispossibility is too far-fetched to believe.”The High Court therefore held that the accused personshad committed offences for which they had been chargedand confirmed the conviction and sentence, i.e. deathsentence awarded to A-2, A-4 and A-6, lifeimprisonmentto A-3, five years Rigorous Imprisonmentto A-1 and ten years Rigorous Imprisonment to A-5 andthe appeals of the accused persons were dismissed.

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