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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -76-a serious doubt about the manner in which the evidencewas sought to be fabricated by police officer, D.GVanzara whose entrusting of the case to the CrimeBranch on 28.08.2003 suddenly resulted in feverishactivity, whereupon the accused persons were arrestedand their confessional statements were recorded.The learned senior counsel for the prosecution hadrelied upon the deposition of PW-52 who had stated inhis evidence about sending money through A-3, as wellas the weapons for the carnage and had also identifiedA-2, A-4 and A-5 before the Court. The learned seniorcounsel, Mr. K.T.S Tulsi submitted that the saidstatement of this witness was exculpatory as he hadstated that no work was assigned to him. Therefore,such statement can neither be considered to bereliable nor worthy of acceptance withoutcorroboration in material particulars from independentsources. In view of the test laid down by this courtin a catena of judgments referred to supra, upon which

Crl.A.Nos.2295-2296 of 2010 -77-strong reliance had been placed by the learned counselbased on the presumption contained in illustration (b)of Section 114 read with section 133 of the IndianEvidence Act, it was submitted that provisions of theEvidence Act are of no avail to the prosecution case.Letters purportedly recovered from the pockets of thefidayeens cannot be relied upon:57. Both the learned senior counsel, Mr. K.T.S Tulsiand Mr. A. Sharan contended that it was not possibleto believe that the letters were recovered from thepockets of the two fidayeens, mainly on the evidencefrom the post mortem of the dead bodies of thefidayeens which showed that the bodies had 46 and 60external injuries, respectively, due to multiplebullet shots and the panchnama of the clothes of theassailants clearly demonstrated that their clotheswere full of blood and mud and therefore, it washighly improbable and difficult to believe that the

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