The prosecution case regarding arrest of these two accused was sought to be established by PW16 Insp.Rajender Gautam who deposed that on 14/6/1996 he along with Insp.Paras Nath, (PW-101) Insp.Suresh Chander, SI Surender Verma etc. joined the investigation of the case.At about 6:20 PM PW-101 got secret information that A3 along with his companion, a Kashmiri youth would be going to Gorakpur in Vaishali express.He organized a team and they all reached New Delhi Railway station.ACP PP Death Sent.2/10; Crl.A.948 to 951/10 Page 134 Singh also joined the police party at New Delhi Railway Station.They all reached Platform no. 4 of New Delhi Railway Station and held a 'nakabandi'.At about 7.30 PM at the pointing out of the informer, A3 and A 4 were apprehended; both were interrogated by Insp.Paras Nath and were arrested.Their personal search memos Ex. PW16/A and 16/B were prepared.The witness was declared hostile, because he did not testify about many particulars.In the cross examination by the prosecution, he said that he had witnessed the arrest of A-6 and A-7 and witnessed the personal search memos (in relation to them) Ex. PW-16/D and PW-16-E; he also claimed - in cross examination by prosecution - to have witnessed the recovery of a Re. 2/- note (seized by Memo Ex. PW-16/F).Similarly, he agreed to the prosecutions suggestion about having witnessed the disclosure statements of A-5 Latif (Ex. PW-16/H) and A-6 Killey (Ex. PW-16/I).He stated further that A-9 Javed and A-6 were arrested in his presence.He agreed with the suggestion that Latif and Killey were arrested in his presence, given by the prosecution.However, he also stated that due to passage of time, he could not identify Killey and Latif.He admitted in prosecutions cross examination that Mirza Hussain had made disclosure statement Ex. PW-16/J, and pointed out Shop No. 3/32 at Bhogal, through memo Ex. PW-16/K, and Killey pointed out to Shop No. C-1/59, Lajpat Nagar (Ex PW-16/B).The witness was cross examined about where the police party was present before moving to New Delhi Railway station, whether other passengers and members of the public were present on the railway platform, whether the entire paperwork was done on the railway station; if so how long it took to complete, etc. The witness was unaware if anyone was arrested from Gorakhpur, nor knew the name of the police station at Gorakhpur from whose jurisdiction any such Death Sent.2/10; Crl.A.948 to 951/10 Page 135 arrest took place, or even the locality from where any such arrest took place; he said it was near the Gorakhpur railway station.149. PW-39 corroborated PW-16 and deposed that he joined in the investigation on 14.6.1996 along with PW-16, other police personnel and PW-101 and went to Jama Masjid near Urdu bazaar where at about 06:20 PM, information was received that Naushad with one other boy would go to Gorakh Pur from New Delhi Railway Station by Vaishali Express and that from there they would proceed to Nepal.PW-101 organized a raiding party and informed ACP P.P. Singh on the phone.All of them reached the Railway Station; P.P. Singh also reached there.On the pointing out of informer at about 07:35 PM, Naushad and Saba were apprehended.In his cross examination by the APP, he admitted that the police had brought two persons with muffled faces and on un-muffling their faces, he had admitted to the police that they had purchased a solder iron and wire from Death Sent.2/10; Crl.A.948 to 951/10 Page 155 his shop.He said that one of these persons may have been Naushad (this after Naushad was pointed out to him by APP); he was not certain of the identity of the other person being Naza.He said that the pointing out memo had been prepared and he had signed on it at point B (Ex. PW-31/K).This memo is dated 19.06.1996, and stated that Naushad and Naza, under police custody, voluntarily with muffled faces pointed out to Imperial Sound and Service and identified Jitender Singh and stated that on 13.05.1996 they had purchased a soldering iron and wire from that shop and that they had used the solder for making the bomb.The omission to cross examine PW-31 and 39 was adversely commented in the findings.Case of the prosecution is that A4 led the police party at BJ24, Shalimar Bagh and from there obtained Rs. 1 lac on the strength of two rupee currency note from Mangal Chand."In para 243, the Trial Court discussed the sequence of events; the police party had arranged to go to Shalimar Bagh; at that stage, PW-35 was joined in the proceedings.According to his deposition, SI Sanjay Kumar, A-4 as well as another police officer reached the premises at Shalimar Bagh.I however, told the police that one of those two accused persons namely Mirza Nisar Hussain @ Nasa who is present in the court might have purchased from me.It is Death Sent.2/10; Crl.A.948 to 951/10 Page 169 wrong to suggest that I categorically identified accused Mohd. Ali Bhat @ Mohd. Killey as the only person who came at my shop with accused Mira Hussain @ Naza for purchasing battery on 21.5.1996 when police removed the muffled from his face..."In the cross examination PW-60 Rajesh Kumar further stated that; "..... after picking up from my shop the van was driven to Central Road to Masjid road, where from a man from Vijay Electrical shop was picked up and from there in the same van I was taken to one police station situated in Lodhi road area...."He also stated that:The police witnesses, however, sought to depose that PW-60 had identified A-5 and A-6 as those who had approached him and purchased a battery.The Trial Court discussed the circumstances surrounding the arrest of Javed (A-9) and Asadullah (A-10); it believed that the two accused persons were arrested from Ahmedabad on 01.06.1996 along with Rashid and Juber Bhatt @Maqbool Bhatt from near Rupali Cinema.The Court relied on the testimonies of PW-98, PW-99, and the Judgment of Ld.The Court observed that the stay of the four, including A-9 and A-10 at Anukul Guest house in Ahmedabad on 24.05.1996 was proved by entry made in the hotel register at Serial number Death Sent.2/10; Crl.A.948 to 951/10 Page 183 4310 dated 25.05.1996; it was in the name of Rashid.However their stay at Anukul Hotel and arrest dated 01.06.1996 was believed.The object of the gathering was not proved and the articles recovered from their possession were not able to connect the accused with the crime.The Trial Court held that A-9 was not able to show the purpose of his visit to Ahmedabad and why he alongwith his associates had stayed at Anukul Guest House on 24.05.996; it was also held that the presence of A-9 in a suspicious circumstance in Ahmedabad from 24.05.1996 to 01.06.1996 and his failure to explain the purpose of his visit was an incriminating circumstance against him.As far as A-10 was concerned, the Trial Court held that his mere apprehension on 01.06.1996 and his stay at Anukul Hotel on 24.05.1996 without any further incriminating evidence was not enough to connect him with the commission of offence.The Counsel for the Appellants urged that there was no evidence on record to show where the accused persons were from 25.05.1996 to 01.06.1996 (i.e. after they checked out from Anukul Hotel and till they were arrested).Javed (A-9) in his statement under Section 313 Cr.Even in his confessional statement (Ex.PW-100/A; pg.220 Vol.7), Javed, in reply to Question 1 stated Death Sent.2/10; Crl.A.948 to 951/10 Page 184 that he was arrested from a hotel in Ahmedabad on 24.05.1996 at about 03:00 PM.It would therefore be necessary to analyze the evidence of the two Gujarat Policemen, PW-98 and PW-99 in this regard.PW-98, B.R. Patil, deposed that in May 1996, while he was posted as DSP, ATS Ahmedabad, a TP was received giving information that Asadullah and Rashid would be crossing over the Indo Nepal border and that they would be reaching Gujarat to carry out explosions in Ahmedabad.Rajvanshis (PW-99s) team started searching for these persons in Ahmedabad.He further deposed that on 01.06.1996, PW-99 found 4 persons who disclosed their names as Asadullah (A-10), Rashid Ahmed, Juber Bhatt (Zulfikar) and Javed Khan (A-9).They were interrogated by PW-99 and an FIR 12/1996 was lodged against them u/s 120B, 121, 122 IPC.He further deposed that on 02.06.1996 further investigation of the case was handed over to him; PW-99 had prepared the personal search memos and seizure memos of the accused.PW-98 identified accused Javed (A-9) and pointed to another accused and identifies him as Asadullah (A-10).However the accused said that his name was Abdul Gunny Goni to which the witness stated that Asadullah was one of the aliases of Abdul Gunny Goni.PW-98 further deposed that during the investigation Javed (A-9) made a disclosure statement regarding the bomb blast at Lajpat Nagar, New Delhi before Insp.Rajvanshi (PW-99).PW-99, B.M. Rajvanshi, of Gujarat Police deposed that on 24.08.1995 Death Sent.2/10; Crl.A.948 to 951/10 Page 185 he was posted in the Anti-Terrorist Squad, Ahmedabad, Gujarat and that on 23.05.1996 he was ordered by the Deputy Inspector General of Police, ATS to look into intelligence received regarding two terrorists Asadullah and Rashid entering India from Nepal.The tele-printer message and fax received by the Director General of Gujarat Police stated that these two terrorists would be reaching Ahmedabad via Mumbai from Kathmandu and that they would be renting a house in Ahmedabad and would plan explosions in big markets in Ahmedabad.PW-99 further deposed that SI Wagela informed him about these facts and thereafter he went to the hotel and saw Rashids name in the hotel register.He deposed to searching the four persons and that at around noon they found four suspicious persons near Rupali Cinema and his bringing them to the ATS office.He further deposed that after interrogation it was discovered that the said four persons had come from Kathmandu with the intention to sabotage the city.He further deposed that the 4 persons arrested were Asadullah (A-10), Rashid, Javed Khan (A-9) and Maqbool Butt.An FIR bearing no 12/1996 was lodged against them u/s 120B, 121, 122 IPC.PW-99 further deposed that Asadullah made a disclosure statement in which he gave details about how the conspiracy to cause sabotage in India was hatched in Pakistan.He further deposed that the fact that Asadullah and Javed were involved in the Lajpat Nagar blast was disclosed by both the accused.He further deposed that he prepared both the disclosure statements (Ex.PW-99/A and Ex. PW-99/B).On the basis of Javeds (A-9s) disclosure statement ATS Ahmedabad sent a wireless message Ex.PW-91/A and Ex.PW-91/B on 02.06.1996 to Delhi Police informing them about the possible involvement of A-10, A-9 and Maqbool Butt in the Lajpat Nagar blast.In the wireless message, ATS Ahmedabad also mentioned about delivery of explosives at Wajid Kasais house in Delhi.They used to live in Naya Bazar, Kathmandu.In April 1996, prior to Eid he had seen a bag and an attach (case) in the room they used to reside in.The bag contained gun powder (Barud) and the attach contained a wireless set, detonator, time pencil and remote control.He further stated that Javed Seniors (Javed Kirwas A-15) boss Bilal Beg (A-11), whom he (A-9) had never seen, used to reside in Pakistan.On 29.04.1996, the day of Eid, Julfikar alias Ayub came from Pakistan to Kathmandu and both A-9 and Latif (A-7) went to receive him at the airport (Bilal Beg had told Latif that Death Sent.2/10; Crl.A.948 to 951/10 Page 189 Julfikar had worn a black pant and a yellow colour shirt).A-9 further stated that he asked Zulfikar whether he lives in Pakistan to which Julfikar replied that he is not a citizen of Pakistan and was a resident of Kashmir; he had gone to Pakistan for training.A-9 further stated that he showed Zulfikar the attach and bag and asked him what type of articles were kept in it; Zulfikar replied that they were Time Pencil, Detonator and Remote Control.A-9 knew about the wireless set from before.On 06.05.1996 two more persons came from Pakistan and stayed with them at Kathmandu.Both these persons told Latif (A-7) that nobody should visit their room; A-9 did not know their names.On 08.05.1996 Javed Kirwa (A-15), Mahmood Killey (A-6), Naza (A-5) and Riyaz Moula (A-13) came to Kathmandu (A-9, Latif A-7 and Javed Kirwa A-15) used to work together.In the evening of 08.05.1996 Javed Kirwa (A-15) asked A-9 to accompany him to Delhi alongwith a bag containing gun-powder (barud) and two detonators.On 10.05.1996 Javed Kirwa @ Javed Senior (A-15) had sent Naza (A-5) to Delhi to make arrangements for the blast in Delhi.On the evening of 11.05.1996 A-9, with Javed Kirwa @ Javed Senior (A-15), Mohd. Killey (A-6), Riyaz Maula (A-13) and Javed Soparewala left for Delhi from Kathmandu.In the morning of 12.05.1996 they reached the border.A-9 remained at the border and the rest moved ahead.Javed Kirwa @ Javed Senior (A-15) and Naza (A-5) had asked him (i.e A-9) to leave the bag at Nazas friends house i.e. at Wajid Kasais house (PW-13).The Trial Court, in its impugned judgment, has highlighted - indeed gone into some details - about the prosecutions deficiencies, in examining witnesses, failure to follow leads, and present evidence sufficient to prove its case beyond reasonable doubt against all those brought to trial (A-1 to A-10).On an analysis of the evidence, the Trial Court concluded that the materials proved before it were inadequate, as far as four accused were concerned (A-4, A-7, A-8 and A-10).This resulted in their acquittal.So far as A-1 and A-2 were concerned, the Court held that apart from recovery of explosives, there was no material to prove their role as conspirators in the bomb blast; the Court also held that there was no evidence to show that A-1 and A-2 had facilitated, or participated in, movement of materials, resources or in the planning of the crime.The prosecution has miserably failed to justify as to why no TIP of the case property recovered in this case or that of the accused persons arrested in the case conducted from the prosecution witnesses.The case of the prosecution is that the accused persons led the police team at various places during investigation and pointed out various places from where they had arranged articles for preparation of cylinder bomb planted in the maruti car in question.Perusal of the file reveals that number of prosecution witnesses examined by the police during investigation and whose statements were recorded under Section 161 Cr.PC have turned hostile and did not support the prosecution.The police during investigation did not seize relevant record pertaining to the visits/stay of the accused persons in the hotels/guest houses prior to their arrest.Statements of the concerned employees/Managers of the hotels were not recorded.The police did not join the local police at any stage during investigation and did not make any entries of their visits out side Delhi.They were arrested and a personal search was conducted (Ex.PW-16/A and Ex.PW-16/B).Disclosure statement of A-4 was recorded (Ex.PW-16/C) in the Operation Cell.The witness signed it.The Appellant A-3 questioned his arrest, as claimed by the police and submitted that the prosecution did not prove this circumstance.Having regard to this , and the fact that PW- 13 (who is supposed to have been met and been entrusted with explosives, and who in turn disclosed about A-3 to A-9), never supported the prosecution case, the first link in the chain about A-3's involvement in itself is not proved. A-3 therefore argued that his involvement in and further role not having been proved, the prosecution was unable to establish the primary facts as to how he was one of the perpetrators of the crime.Counsel emphasized the fact that this link in the chain of circumstances alleged against A-3 was vital; having snapped it, the prosecution had been dealt with a severe blow at the initial threshold and the Trial Court fell into error in proceeding to hold as it did that he was involved in the bomb blast.It was next argued that one of the reasons for the acquittal of A-4 was based on the ground that the circumstances of his arrest were not proved.In not having done so and having glossed over the fatal infirmities alleged against A-4, which were material and relevant for A-3, the Trial Court fell into error.Although PW-105 deposed about his presence in the railway station, the fact remains that none of the other three witnesses i.e. PW- 16, PW- 39 and PW- 101 mentioned about his appearance during the proceedings at all.The prosecution had alleged that soon after the bomb Death Sent.2/10; Crl.A.948 to 951/10 Page 137 blast, A-3 went missing.However, A-3 was not traceable.In the circumstances, the police kept vigil near his house.There is some other evidence by way of oral testimony of other witnesses to this effect.However, PW- 92 did not support the prosecution.A-3 on the other hand relied upon the testimony of PW- 92 that in fact on 28th of May 1996, he witnessed him (A-3) being taken away by the police.On the basis of this as well as a telegram said to have been sent by a A-3's father, to the National Human rights Commission, it was argued that the arrest in fact never took place on 14-06-996 and was a completely stage-managed affair.The prosecution had almost closed its evidence when an application under Section 311 Cr.PC was moved almost 12 years after the incident, and the testimony of this witness was permitted to be recorded.However, PW-16 did not mention about PW-105's presence.In these circumstances, there is some doubt as to whether PW-105 was present during the arrest and the immediate aftermath.The argument on behalf of A-3 that A-9's confession did not mention him, though attractive, is not relevant, and is inconsequential.A-9s role appears to have been to reach Delhi via Gujarat and hand over the explosives.This seems to be the substance and tenor of his statement made to the Gujarat police immediately after his arrest and in the disclosure statement.Therefore, it was not necessary for him to mention A-3 or his role.For inexplicable reasons, PW- 13 (who was supposed to have been given the explosives, and in turn facilitated the handing over or actually handed them over to the other accused involved in scheming and Death Sent.2/10; Crl.A.948 to 951/10 Page 139 implementing the ghastly crime) was not named as accused.PW- 13 did not support the prosecution story at all during the trial.The court therefore had to deal with this situation.The prosecution had recorded a statement from Wajid during the course of the investigation which mentioned A-3. PW-13 did not support this and he turned hostile during the trial.That would, in this Courts opinion, itself not give a lie to the entire circumstance leading to the possible role of A-9 which may otherwise be independently proved as also the circumstances of his arrest.Recoveries made at the behest of A-3 Naushad from his residence (Circumstance No. 10 - para 181 of the impugned judgment)The Trial Court held that A-3s statement after arrest, i.e. Ex. PW 31/B pursuant to which he led the police team to his residence at P7, First Floor, DDA Flats, Turkman Gate, Delhi from where, he led to the recovery of two RDX bricks (Ex. PW18/64 and 65) in a green polythene bag (Ex. P17); a timer watch (Ex. P8), the iron solder (Ex. P9), a wire Ex.P10, screw driver Ex.P11, pliers Ex. P12, wire cutter Ex. P13, two araldite tubes Ex. P14, electric wire Ex. P15 and one gas cylinder had all been proved.The witnesses who spoke about this circumstance were PW-31, PW-41 and PW-101, who were members of the raiding party.The two RDX slabs were seized pursuant to A-3 leading the police to a room on top of the premises, and pulling it; they were lying under a steel box.Other articles recovered were a timer-watch (Ex. P8), an iron solder (Ex. P9), a wire Ex.P10, screw driver Ex.P11, pliers Ex. P12, wire cutter Ex. P13, two araldite tubes Ex. P14, electric wire Ex. P15 and one gas cylinder.The witnesses mentioned that the raid took place during early hours of 15/6/1996, after A-3s disclosure statement was recorded pursuant to his arrest the previous evening.The prosecution had relied on the testimony of Death Sent.2/10; Crl.A.948 to 951/10 Page 142 PW-92, Abdul Samad, who resiled from the statement recorded during investigation.He also admitted his signatures on the recovery memo.The prosecution version about the circumstances surrounding the recovery of the RDX, in the opinion of the Court, was adequately established.The disclosure statement of A-3 mentioned that those explosives were hidden in his house; he led the police to the place, resulting in the recovery.As far as the testimony of PW-92 goes, undoubtedly he did not support the prosecution.However, he did not deny his signatures on the recovery memo; he also mentioned that A-3 was arrested by the police, but much earlier.Now, even if his testimony were unsupportive of the prosecution, yet two things were not denied by him.These, in the opinion of the Court, lend corroboration to the prosecution witnesses deposition about the recovery of RDX slabs from A-3s premises.Naushads stay at Gorakhpur (Circumstance No. 13 - para 208 of the impugned judgment)The prosecution had sought to prove that A-3 Naushad fled Delhi after the bombing incident, and went to Gorakhpur, where he stayed in Gupta Guest house.The witness recorded the statement of the person from whom he had got the photocopy (Mr Chakarborty).He then went to Gupta Hotel from where he obtained a photocopy of the visitors book (Ex. Pw-40/C which was seized by memo (Ex. PW-40/D) which had the details of Mohd. Naushad.He went back to Gorakhpur on 29.6 1996 with Constable Surinder and seized one original visitors book (Ex. PW-40/1, through recovery memo Ex PW-40/E) from Hotel Gupta (where A3 had stayed) and an original visitors book from Hotel Buddha (where A5 and A6 had allegedly stayed).He recorded the statements of witnesses from where the visitors registers had been seized.He conceded to not having any record of investigations being handed over to him and he could not member if the fact Naushads train reservation was recorded in any document.He said that his statement regarding his investigation in Gorakhpur had not been recorded.He stated that he had obtained only the photocopy of the reservation chart and the witness statement to this effect only stated that that witness had handed over the photocopy to him.He stated that he had not obtained the reservation requisition slip.He said that he had not recorded any reason for not obtaining the original visitors book from the hotel at the first instance.He says that he did not try to verify the handwriting of the accused at Death Sent.2/10; Crl.A.948 to 951/10 Page 144 Gorakhpur; He could not recall the DD of his arrival in Delhi following his trip to Gorakhpur.PW-66 Constable Surinder joined PW-40 on 29.6.1996 in the investigation in Gorakhpur, when they seized the original register which contained Mohd. Naushads name at SI.No. 1283, which contained his name and address, vide seizure memo Ex. PW-66/A. In his cross-examination he admitted that the Serial nos. were not printed, but handwritten.He stated that he could not identify the writing on the register as belonging to Naushad since he was not personally acquainted with the man.The testimonies of PW-82 and PW-83 were also sought to be relied on.PW-82 was the owner of Gupta Hotel and Lodge.His statement pertains to the police having seized the visitors register in which there was an entry with Naushads name in it.PW-83 - Vijay Kumar Gupta the hotel manager of Gupta Hotel, stated that on 27.5.1996 Mohd. Naushad had stayed in the hotel and had made an entry in the Register (SI No. 1285) in his own handwriting.He said that the Police seized the register on 29.6.1996, and that his signature was on the relevant recovery memo (Ex. PW-66/A).The Trial Court, however, did not attach much credence to the alleged handwriting of Naushad on the hotel register, holding that the sample handwritings were not obtained in accordance with established procedure.The interesting feature of this circumstance is that the prosecution did not offer much less prove any departure and arrival memos for investigating Death Sent.2/10; Crl.A.948 to 951/10 Page 145 officers.Despite the fact that over the course of the investigation, the police claimed to have travelled to different parts of the country frequently, in no instance, have records of these been produced as evidence to establish the veracity of their claims.Even in the present circumstance, PW-40 SI Baljit Singh had visited Gorakhpur twice, and PW-66 Const.Surinder traveled there once, they were unable to recall the relevant DD entries recording their movements.Neither was permission sought from the concerned Metropolitan Magistrate to obtain the sample, nor was the sample obtained in the presence of a magistrate, or any public witness.Even if there had been no such irregularities, the expert witness PW-94 was unable to fix the authorship on the basis of comparison between the questioned and test handwritings.This can be gathered from a reading of the opinion, which reads as follows:A.948 to 951/10 Page 146As far as the railway Reservation Chart (Ex. PW40/A) is concerned, the Trial Court held as follows:A 3 has not disputed his name appearing at Serial No.7 in Reservation chart Ex. PW 40/A. No suggestion was put to PW40 SI Baljeet Singh that A3 had not travelled by Shaheed Express on 27/5/1996 from Gorakhpur to Delhi.Genuiness of the chart Ex. PW 40/A was not challenged."This Court notices that the chart was not proved by any public witness.The railway official from whom the Railway Reservation Chart was taken, (Shri Chakravarthy) was not produced as a witness; even the original chart, or its authenticated or certified copy was not produced; what was placed on record is a photocopy.It would be unsafe to assume that A-3 had in fact undertaken the journey, as alleged by the prosecution.So the railway reservation chart cannot be relied on, since this person has not proved it.PW-82s statement has been believed despite the fact that this witnesss statement pertains only to him having been a witness to the seizure of a photocopy of the visitors book of his hotel, and his statement, as well as the statement of police witnesses PW-40 and 66 seem to have been accepted at face value.PW-83 Vijay Kumar Gupta, a manager at the hotel says that on 27.5.1996 Mohd. Naushad Death Sent.2/10; Crl.A.948 to 951/10 Page 147 had stayed in the hotel and had made an entry in the Register (SI No. 1285) in his own handwriting.However, before this witness can be considered an eyewitness to the stay of A3 in Gorakhpur, it must be kept in mind that despite him having said that he had seen A3 in the hotel on 27.5.1996, he was not, at any point, shown the accused in order to verify his identity, during the trial.The Trial Court however, took the same line here as in the case of PW-40 and PW-66:"Again nothing was suggested to this witness in the cross examination, that A3 had not stayed at Gupta Hotel.A3 did not deny that the writing in the register was not in his hand."On the basis of the accuseds silence at the time of cross examination, the Trial Court seems to have inferred his guilt.This is a flawed approach, because the question of accuseds silence gaining significance would only arise if the witness who saw them in the hotel, or saw them travel on the train, or some other unimpeachable material, apart from the unverified photocopy of a railway reservation chart, had been produced.It also ignores the failure of the prosecution to match the handwriting of A-3 with the handwriting on the hotel register.The prosecution had alleged that on 19-06-1996, A-3 and A-5 led the police party to a shop M/s. Unique Agencies at 2610, Churiwalan, Delhi from where they had purchased a gas cylinder.This was sought to be proved by PW-31 and PW-36, who both deposed that they went with the accused, who took them to that shop, where the shopkeeper identified them, and a pointing out memo Ex. PW 31/M was prepared, which contained his signatures.The Trial Court first held that the accused did not challenge the two police witnesses testimony, which was an adverse circumstance against them."334 Prosecution has further examined PW54 Mehmood Kamal as a prosecution witness.In his deposition before the court, the witness admitted that he was running gas agency Death Sent.2/10; Crl.A.948 to 951/10 Page 150 under the name of M/s. Unique Agencies at 2610, Churiwalan, Delhi.The witness further supported the prosecution and deposed that in May, 1996 two persons had come at his shop for purchasing a gas cylinder.The gas cylinder was not available with him on that day.He asked the said two persons to deposit the price of the gas cylinder and to come on the next day to collect the same.Those two persons deposited with him Rs.290/and left on that day.Next date again they came at his shop and he delivered them one empty gas cylinder.This witness further substantiated the police version that on 19/6/1996 some police personnel came at his office and took him at their office at Lodhi Colony.The witness however failed to support the prosecution regarding identification of two persons who had come at his shop and who had purchased the gas cylinders.The witness was got declared hostile by ld.Addl PP for the State and was cross examined.In the cross examination, the witness admitted that his statement was recorded by the police.He further admitted that his signatures appeared on the pointing out memo Ex. PW 31/M at point 'B'.The witness however added that this memo was an already written document.The witness admitted that he had told the names of the said two persons to the police as Mohd. Naushad (A3) and Mirza Nissar Hussain @ Naza (A5).This witness did not allege if he had put his signature under any pressure by the police on the memo Ex.Had these accused persons not taken the police to the shop of PW54 Mehmood Kamal, the police must not have come to know about the names of these two persons as mentioned in the memo Ex. PW 31/M. The name and address of this witness was not known to the police prior to the disclosure statements of these accused persons.The police discovered the factum of this witness running gas agency in the name of M/s. Unique Agencies at 2610, Churiwalan only in pursuance of the disclosure statements made by these accused persons.It, however, stands established that both A3 and A5 in pursuance of their disclosure statements led the police team at the shop of PW 54 Mehmood Kamal.This circumstance also points an accusing finger against A3 and A5 for purchasing gas cylinders from his shop in the absence of any specific purpose.A3 & A5 did not offer any explanation for visiting the shop of PW Mehmood Kamal for purchasing gas cylinder.They did not justify purchase of any such cylinder for any particular purpose.They did not claim their presence on any other place on the day of visit to PW54 Mehmood Kamal."The Trial Court later concluded that:However, this fact was established by PW31 Insp.Surinder and PW39 Insp.Hari Ram Malik and PW36 Insp.Rajeshwar that it were both A3 and A5 who had taken them to the shop of PW 54 Mehmood Kamal.PW54 Mehmood Kamal in the cross Death Sent.2/10; Crl.A.948 to 951/10 Page 152 examination by the ld.Addl PP for the State however admitted that police had recorded his statement and pointing out memo Ex. PW 31/M contained his signature.In statement u/s 313 Cr.P.C A3 and A5 did not explain this incriminating circumstance against them as to why and for what purpose they had purchased gas cylinders from PW54 Mehmood Kamal."A plain analysis of the above discussion of evidence would show that PW-54 was unable to identify the accused; he was cross examined by the prosecution.In the cross examination, this witness denied the facts put to him:"It is wrong to suggest that the said two persons had led the police team to my shop on 19/6/1996 and had pointed out my shop as being the place wherefrom they had purchased two gas cylinders.I also did not make any such statement to the police.Confronted with point B to B of Ex. PW-54/A....It is correct that my signatures appear on pointing out memo Ex. PW-31/M at Point B-however this was already written document and was not read over to me when I signed it.It is correct that I had been told the names of the two persons by the police as being Mohd. Naushad and Mirza Nissar Hussain @ Naza....It is incorrect to say that accused Naushad (ld APP points towards accused Naushad) and accused Mirza Nissar Hussain @ N