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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -86-the details of the conspiracy, but D.G. Vanzara wasnever produced as a prosecution witness. The case isthe same with Brig. Raj Sitapati, who was also awitness to the recovery of the two Urdu letters, andthis material witness had also been convenientlybrushed aside both by the police and the prosecution.Reliance was placed by the learned senior counsel inthis regard on Tulsiram Kanu v. The State 35 , RamPrasad & Ors. v. State of U.P. 36 and State of U.P. v.Punni & Ors. 37Alternative stories put forth by the prosecution.66. Further, it was contended by the learned seniorcounsel Mr. A Sharan that alternative stories had beenput forth by the prosecution. It was borne out fromthe confessional statement of A-4 that the twofidayeens, i.e. Doctor 1 (Murtuza/ Hafiz Yasir) &35AIR 1954 SC 136 (1974) 3 SCC 38837 (2008) 11 SCC 153

Crl.A.Nos.2295-2296 of 2010 -87-Doctor 2 (Ashraf/Mohd. Faruk) belonged to Lahore andRawalpindi respectively. As per the confessionalstatement of A-6, the names of the two fidayeens wereSakil and Abdullah, who belonged to Jammu and Kashmirand had travelled along with A-6 to Gujarat. It wasobserved from the deposition of Maj. Jaydeep Lamba(PW-91) that it was written in the two Urdu lettersthat the two fidayeens were from ‘Atok’ region ofPakistan. It was submitted that the prosecution hadcome forth with three different versions insofar asthe origin of the two fidayeens was concerned. Eventhe prosecution was not certain as to which of thethree versions was true. It was submitted thattherefore, in the presence of these majordiscrepancies in the prosecution story, and the nonreliabilityof the confessional statements of theaccused persons, they were entitled to acquittal.

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