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53 Now let us examine the charge-sheet in order to ascertain evidence collected by the prosecution to demonstrate that the third person who came to be abducted from the luxury bus proceeding from Hyderabad to Sangli was none else but Tulsiram Prajapati. It is worthwhile to mention here that the charge-sheet contains no evidence of any person from Hyderabad to show that Sohrabuddin Shaikh and Kausarbi were accompanied REVN-429-2017-J.doc by Tulsiram Prajapati during their stay at Hyderabad or in their journey from Hyderabad to Sangli. According to the prosecution case, Sohrabuddin Shaikh and his wife Kausarbi came to Hyderabad from Indore in the Maruti van owned by his friend Kalimuddin. Then they stayed with Kalimuddin for celebrating Eid at Hyderabad. Statement of this Kalimuddin would have thrown some light on this aspect. However, during investigation, it appears Kalimuddin is not examined by the investigating agency. We are having statement of Saleema Begum from Hyderabad recorded by the CBI with the charge-sheet. This statement dated 2nd March 2010 reveals that Saleema Begum is sister of Nayeemuddin @ Nayeem and according to the charge- sheet, this Nayeemuddin is infact Kalimuddin. This Kalimuddin @ Nayeem, as per statement of Saleema Begum is absconding accused in D.I.G. Vyas assassination case. Saleema Begum has stated to the CBI that Sohrabuddin Shaikh and Kausarbi had been to Hyderabad in November 2005. She refused to divulge further details to the CBI by stating that for that purpose she will have to talk with her brother Nayeemuddin. She accepted the fact that REVN-429-2017-J.doc visit of Sohrabuddin Shaikh to Hyderabad was arranged by her brother Nayeemuddin. She further stated that she is acquainted with Sohrabuddin Shaikh and Kausarbi but put a rider by stating that she will disclose further things after consulting her brother Nayeemuddin. As per version of Saleema Begum relatives of Sohrabuddin Shaikh are in their contact, but then this witness has stated that she would narrate further facts after consulting Nayeemuddin @ Kalimuddin. The investigating agency has not traced out this Nayeemuddin @ Kalimuddin with whom Sohrabuddin Shaikh and his wife Kausarbi stayed at Hyderabad. Saleema Begum has not stated that Tulsiram Prajapati was with Sohrabuddin Shaikh and Kausarbi in their stay at Hyderabad in November 2005, but she made it clear that relatives of Sohrabuddin Shaikh were in contact with her. Not a single witness from Hyderabad is there to vouch for presence of Tulsiram Prajapati at Hyderabad during the relevant period. 54 Now let us examine whether any grounds for proceeding against respondent/discharged accused no.1 REVN-429-2017-J.doc D.G.Vanzara can be found from statements of brothers of deceased Sohrabuddin Shaikh viz. revision petitioner Rubabuddin Shaikh and Nayabuddin Shaikh, and to infer availability of prima facie evidence for framing the Charge. The entire episode began with undated letter of revision petitioner Rubabuddin received by the Honourable Supreme Court on 14th January 2006. By this letter, revision petitioner Rubabuddin has informed that his brother Sohrabuddin Shaikh and his sister-in-law Kausarbi were travelling in the bus of N.J.Travels from Hyderabad to Sangli and Seat nos.29 and 30 were allotted to them. He further stated that Sohrabuddin Shaikh and Kausarbi were arrested by police. His brother Sohrabuddin Shaikh came to be killed in the encounter on 26th November 2005 and Kausarbi is missing. He apprehended that Kausarbi might have been killed and prayed for action against all guilty persons. This letter was then forwarded to the Director General of Police, Gujarat, vide letter dated 21 st January 2006 of the Assistant Registrar of the Honourable Supreme Court. It was directed that on conducting inquiry, report be forwarded to the Honourable Supreme Court. Perusal of the first letter of REVN-429-2017-J.doc Rubabuddin thus shows that he has not mentioned that during their journey from Hyderabad to Sangli, Sohrabuddin Shaikh and Kausarbi were accompanied by Tulsiram Prajapati and was travelling on seat no.31 of the luxury bus.

58 Perusal of the entire pleading in this writ petition shows that Rubabuddin has not mentioned that Tulsiram Prajapati was accompanying his brother Sohrabuddin Shaikh and Kausarbi during their journey by luxury bus from Hyderabad to Sangli in the night intervening 22nd and 23rd November 2005, though he has specifically pleaded seat numbers allotted to Sohrabuddin Shaikh and Kausarbi. He has not even pleaded that along with his brother Sohrabuddin Shaikh and Kausarbi, Tulsiram Prajapati was picked up by Gujarat and Rajasthan Police, on that night. 59 After filing of Writ Petition bearing no.6 of 2007, statement of Rubabuddin came to be recorded again on 3 rd REVN-429-2017-J.doc February 2007. In this statement, Rubabuddin has disclosed that Sohrabuddin Shaikh and Kausarbi left their village Jharania for Indore on 16th /17th November 2005. Rubabuddin has further stated that at that time, Sohrabuddin Shaikh disclosed them that from Indore he along with Kausarbi would go to the place of Kalimuddin at Hyderabad for celebrating Eid. Rubabuddin further disclosed in this statement dated 3rd February 2007 that after Sohrabuddin Shaikh and Kausarbi reached Indore, they went to Hyderabad by taking Maruti van belonging to Kalimuddin, kept at the residence of Dr.Prakash Odekar of Indore. Rubabuddin in his statement dated 3rd February 2007 further stated that Sohrabuddin Shaikh had telephonically informed him that Kausarbi's health had deteriorated and as per advise of Dr.Prakash Odekar of Indore, he is taking Kausarbi to Sangli for medical treatment. Thereafter, on 21st November 2005, at about 6 to 8.30 p.m., he had talks with Sohrabuddin Shaikh on a phone call. In this statement dated 3rd February 2007 also, Rubabuddin had not whispered about presence of Tulsiram Prajapati with Sohrabuddin Shaikh, though allegedly, he was in constant touch with REVN-429-2017-J.doc Sohrabuddin Shaikh and though Sohrabuddin Shaikh was disclosing the facts regarding his stay and journey to him. If really Tulsiram Prajapati was accompanying the couple in their journey from Indore to Hyderabad, in normal course Sohrabuddin Shaikh would have disclosed this fact to his brothers during their telephonic talks.

60 On 1st April 2007 another statement of Rubabuddin came to be recorded by the CID. That statement is a detailed statement running into ten pages. In this statement, Rubabuddin has disclosed about journey of Sohrabuddin Shaikh and Kausarbi to Indore and disclosure of Sohrabuddin Shaikh to him at that time that thereafter he would go to the place of his friend Kalimuddin at Hyderabad. Rubabuddin further disclosed that their journey from Indore to Hyderabad was in the Maruti van of Kalimuddin and Sohrabuddin Shaikh might have stayed at the place of Kalimuddin at Hyderabad. Rubabuddin also stated that Sohrabuddin Shaikh while at Hyderabad used to talk with him regularly on his mobile phone as well as mobile phone of his REVN-429-2017-J.doc brother Nayabuddin. Rubabuddin further stated that on 23 rd November 2005 Sohrabuddin Shaikh telephonically contacted Nayabuddin and informed that he and Kausarbi were leaving from Hyderabad for going to Sangli for medical treatment by luxury bus. According to Rubabuddin, Nayabuddin had informed this fact to him.

61 Now comes the statement dated 18th February 2010 of Rubabuddin recorded by the CBI. Rubabuddin in this statement has reiterated that when Sohrabuddin Shaikh was at Hyderabad, Sohrabuddin Shaikh was frequently talking with him as well as with Nayabuddin over mobile phones. Sohrabuddin Shaikh was even communicating from the S.T.D. phones. Rubabuddin further stated that Sohrabuddin Shaikh had lastly phoned him as well as his brother Nayabuddin in the evening hours of 22 nd November 2005 and informed that he is taking Kausarbi to Sangli for medical treatment. As per version of Rubabuddin, in this statement, his brother Nayabuddin told him that he learnt from Kalimuddin's sister that Kalimuddin had gone to see off Sohrabuddin Shaikh and Kausarbi at the luxury bus at Hyderabad. They had occupied seat nos.29 and 30 of that bus. Mentioning of REVN-429-2017-J.doc only two seat numbers shows that nobody else was accompanying the couple. It needs to be noted that after about 4 years, Rubabuddin has introduced new fact in this statement dated 18 th February 2010 to the effect that his brother Nayabuddin told him that from Indore one friend namely Tulsiram Prajapati has also joined Sohrabuddin Shaikh for going to Hyderabad. 62 Rubabuddin in this statement dated 18th February 2010 also disclosed about his meeting with Tulsiram Prajapati in September/October 2006 at Ujjain. As per his version, when he asked Tulsiram Prajapati about death of Sohrabuddin Shaikh, Tulsiram Prajapati told him that he as well as Sohrabuddin Shaikh and Kausarbi had gone to Hyderabad, stayed there with Kalimuddin and in the night between 22nd and 23rd November 2005, they were going to Sangli for medical treatment of Kausarbi by the luxury bus. Thereafter, according to Rubabuddin, Tulsiram Prajapati became emotional and started crying. Thereafter, as stated by Rubabuddin, Tulsiram Prajapati had handed over two blank papers containing his signatures for writing letters to the REVN-429-2017-J.doc Honourable Supreme Court and Rajasthan High Court on his behalf.