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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -54-38. The inquest panchnama was drawn of the dead bodiesof the two fidayeens by Police Officer ShriPrakashchandra Mehra (PW-105: Exh.592), who in hisstatement has confirmed the collection of the two Urduletters. PW-91, Maj. Jaydeep Lamba, who was thecommander of the task force, also stated that two Urduletters were found from the dead bodies of thefidayeens by him and Brig. Raj Sitapati, and that theycontain the signature of Brig. Raj Sitapati at thebottom and that a list was prepared of the articlesrecovered (Ex.524) which` was signed by him.Reliance was also placed by the learned senior counselon the evidence of PW-89 who had opined that theletters (Ex.658) had been written by A-4.The learned senior counsel also submitted that PW-91deposed before the court, and that in his crossexamination, he was not questioned regarding the‘condition’ of the letters written in Urdu, as

Crl.A.Nos.2295-2296 of 2010 -55-recovered from the two fidayeens. Similarly, even PW-126 was not cross examined by the counsel for theaccused persons on the condition of the letters. Onbeing questioned by us as to why the letters did nothave any blood stains on them, the learned seniorcounsel submitted that the panchnama stated that thetrousers were stained with blood and not soaked withit. Their trousers became wet due to the oozing ofblood which has gone to the back of the trousersbecause of gravity as the bodies were lying on theirback after shooting.The link of accused persons to Akshardham attack hasbeen established.39. The learned senior counsel had relied upon theconfessional statements of the accused persons to drawthe link between them and the attack on the Akshardhamtemple. He had submitted that the confessionalstatements would clearly go to show how each one of

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