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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -58-thereafter by K.K Patel of the ATS. The investigationwas then handed over to G.L Singhal, ACP Crime Branch(PW- 126) on 28.08.2003. It was on 28.08.2003, thatAshfaq Bhavnagri (PW-50) was interrogated, whorevealed the entire conspiracy as well as the role ofA-1 and A-3 in committing the dastardly offences.The Conspiracy.42. It was further submitted that it has been provedthat the accused persons, along with the abscondingaccused hatched a conspiracy to create terror and takerevenge on the Hindus on account of the Godhra riots.For this purpose, secret meetings were held at Jiddah,Riyadh, Hyderabad and Kashmir. A-2 was contacted byhis brother who ensured supply of finance, weapons andtrained terrorists. A-4 and A-5, who were runningrelief camps and were also religious leaders, acceptedto garner local support and thus money was sentthrough havala. A-2 and the two fidayeens visited

Crl.A.Nos.2295-2296 of 2010 -59-various places in Ahmedabad and finally choseAkshardham temple in Gandhinagar as the site for theattack on 24.09.2002. A-4, at the instance of A-5,wrote the two Urdu letters and gave them to thefidayeens. A-5 took the fidayeens to the railwaystation, from where they took a taxi to the Akshardhamtemple. The arms and ammunitions were brought fromKashmir by A-6.Concurrent findings of the courts below43. It was further submitted by the learned seniorcounsel for the prosecution that the Special Court(POTA) as well as the Division Bench of the HighCourt, after proper appreciation and analysis ofevidence, gave concurrent findings of fact and thusthe conviction and the sentences ordered by the courtsbelow ought to be upheld.44. The learned senior counsel for the prosecutionthus submits that it has proved beyond reasonable

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