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15.

Handing over of the List Exh.524, the bodies of the Fidayins and the muddamal articles recovered from the body of the deceased Fidayins including two notes in Urdu by Lt. Col. Lamba [PW-91] to the Divisional Police Officer-Shri G.L Singhal under Panchnama Exh.440 is proved by the Panch-Vinodkumar Valjibhai Udhecha [PW-74 : Exh. 439].

16. Recovery of white coloured AD Gel pen from the scene of offence under Panchnama Exh. 650 is proved by the Panch Hareshbhai Chimanlal Shah [PW-119 : Exh. 649]. The muddamal pen was sent to the Forensic Science Laboratory under Panchnama Exh. 621 [Item No. 55] The FSL report Exh. 668 confirmed that the Urdu writings Exh. 658 were in the same ink as that of the muddamal pen.

40. The Divisional Police Officer, Gandhinagar Shri G.L Singhal [PW 12 : Exh.679] has been examined by the prosecution. The said Shri Singhal had received message of firing at the Akshardham temple at Gandhinagar on 24th September 2002 at around 4 :50 in the afternoon. Immediately he and his staff proceeded towards Akshardham temple and informed other police stations of the surrounding areas. The SRP commandos and the Anti-Terrorist Squad officers were informed and were summoned to the Akshardham temple. He admitted the FIR [Exh. 680] lodged by him. He admitted he had received the muddamal articles rifles, magazines, hand grenades, write up in Urdu, as per the List [Exh. 524] from Lt. Col. Lamba. He admitted receipt of the write up in Urdu [Exh. 658] counter signed by Brig. Raj Sitapathi. He admitted that on 3rd October 2002 the investigation was entrusted to the Anti Terrorist Squad and later on under Order dated 28th August 2003 made by the Director General of Police, the investigation was transferred to the Crime Branch, Ahmedabad. Since the date of incident, on 6th April 2003 he was transferred as Asstt. Commissioner of Police, Crime Branch, Ahmedabad City. Pursuant to the order dated 28th August 2003, he had taken over investigation from Shri K.K Patel, Superintendent of Police-ATS. The information was received about the involvement of certain young people from Ahmedabad working in Saudi Arabia. One Asfaq Bhavnagari [PW-50] was brought before the deponent for interrogation. On interrogation of the said Asfaq Bhavnagari, names of certain accomplices viz., Salim Shaikh, Altaf Malek; Maulvi Abdulla, Adam Ajmeri were disclosed. It was also disclosed that the attack was conceived and funded by the agents of terrorist groups Laksher-E-Toiba and Jaish-E-Mohammad residing in Saudi Arabia. On disclosure of the said facts, the alleged accomplices were rounded up and brought before the police. After ascertaining their complicity, they were arrested on 29th August 2003. In view of the involvement of prohibited terrorist groups, provisions of the POTA were invoked. In course of the investigation, the police had recorded statements of witnesses Nasir Doman, Munaf Radiator, Abdul Wahid, Abdul Rehman Panara, Mehboob Ilahi and others. He had arranged for recording of the statements of witnesses under Section 164 CrPC, the confessional statements made by the accused under Section 32 of the POTA, for recovery of the muddamal articles pursuant to the disclosures made by the accused in their confessional statements. The Police Officer Shri V.D Vanar [PW-112] was despatched to Bareily and the Sub Inspector Shri I.K Chauhan [PW-125] was dispatched to Kashmir to recover the muddamal car and to collect the necessary information. Sub Inspector M.D Chaudhary [PW-110] was dispatched to Hyderabad for recovery of muddamal articles. The deponent prepared panchnama of collecting the disputed signatures of the accused and their natural signatures. He made investigation in respect of the phone calls. He admitted his signature on the panchnama Exhs.334, 345, 347, 483, 556, 681, 580, 450, 682, 660, 446, 448, 319, 307, 683, 684, 697 & 698 of recovery of muddamal articles, sent the muddamal articles for examination by the Forensic Science Laboratory. He proved the Laboratory Reports Exhs. 685, 686, 688, 690, 692, 694, 516. He made the panchnama of the place where the deceased Fidayins had been given shelter and the place where namaaz for their well being was performed. He proved the laboratory reports and the reports of the handwriting experts.

Exh.611] was the police officer who made investigation in respect of the accused no. 2 Adambhai Sulemanbhai Ajmeri who had visited Hyderabad and had stayed at Royal-G hotel.

47. The Police Inspector Rameshbhai Ishwarbhai Patel [PW-111 : Exh. 612] had on 31st August 2003 accompanied the accused no.2 Adambhai Sulemanbhai Ajmeri to recover the muddamal auto-rickshaw No. GRW-3861 used by the accused no. 2 Adambhai Sulemanbhai Ajmeri for carrying the Fidayins for recci of Ahmedabad City and the places around the city, including the Akshardham temple. He has also admitted recovery of the specimen signature and the natural signature of the accused no.4 Abdulkayum @ Muftisaab Mohmedbhai Mansuri at the direction of the accused Abdulkayum and the recovery of the muddamal article Exh. 105. On 2nd September 2003, he had accompanied the witness Abdul Rehman Panara [PW-51] to recover the SIM card of the accused no. 2 Adambhai Sulemanbhai Ajmeri. He has admitted recovery of the muddamal article Exh. 107 under panchnama Exh. 394. On 3rd September 2003, he had searched the house of the accused no.5 Maulana Abdulmiya to recover his passport, muddamal article 108 under panchnama Exh. 346.

56. Learned advocate Mr. Pathan has appeared for the accused no.6-the appellant in Criminal Appeal No. 1675 of 2006. He has assailed the judgment of the learned Special Judge. He has relied upon the evidence of one Shahirahmed, P.I., Baramulla [J&K] (PW 123 Exh.

670) and of the panch Gulammohmad [PW 124 : Exh. 673].

He has submitted that involvement of the accused no.6-Chandkhan has not been proved. The muddamal Car No. KMT-413 was not recovered from the accused no.6-Chandkhan. The prosecution has failed to establish that the accused Chandkhan was the owner of the muddamal car or that he ever was in possession of the muddamal car. He has also questioned the genuineness of the confessional statement Exh.462 made by the accused-Chandkhan. He has submitted that it is impossible that an eighteen page confession was written within two hours.