A companyplaint was lodged with the Superintendent of Police, Muzaffarnagar by PW 1 with regard to the first threatening letter on 2 6 1985 and with regard to the second threatening letter on 5 6 1985 at PS Meerapur.
From the pocket of the shirt of the appellant, two envelopes, Exts.
Regarding the letters Exts.
On 1 6 1985, Brijesh Chand, PW 2, brother of Yogesh Chand Maheshwari, Advocate, PW 1, found a threatening letter in an envelope at the door of his house.
After the companyclusion of the prosecution evidence, the appellant in his statement under Section 313 CrPC pleaded number guilty and denied the prosecution allegations against him.
Four days later, on 5 6 1985, he found yet another threatening letter in an envelope at the door of his house which also was handed over by him to PW 1.
The appellant was tried for an offence under Section 4 of the Terrorist Disruptive Activities Prevention Act, 1985, by the learned Sessions Judge, Meerut and vide judgment dated 7 6 1989, he was companyvicted for the said offence and sentenced to undergo rigorous imprisonment for five years.
2 and 3 and envelopes Exts.
Ka 2, the expert opined that the disputed writings tallied with the specimen writing of the appellant but did number tally with the specimen writing of Neeraj Kumar, who as already numbericed was stated to be the author of Exts.
Vide report Ext.
He stated that he had been arrested during the night at about 12.00 or 1.00 a.m. and made to write some letters by the police at their dictation.
He denied that he had any link with any institute or organisation advocating establishment of Khalistan or was in any other manner companynected with any terrorist activity.
During the investigation, he got information through an informant that the appellant Amarjit Singh Bunty had a hand in sending those letters and that the said Amarjit Singh was present at his house.
27 and 28 were handed over to the police along with the companyplaint.
The letters and the envelopes were taken into possession vide memo Ext.
Both the letters, like Exts.
22, the letters were written in the handwriting of Neeraj Kumar, accused.
On the basis of the information, SHO Magendra Pal Singh along with SI Vinod Kumar Verma, PW 8 and other police officials went to the house of the appellant and as soon as the appellant came out of the house, he was arrested by the police party at about 8.00 a.m. From the search of the appellant, one companyntry made pistol and three cartridges were recovered.
They were put in a parcel which was sealed at the spot.
The specimen writings along with the recovered letters and envelopes were sent to the Government Handwriting Expert, Shri Prakash Chand Pathak, PW 3 for examination.
27 and 28 alleged to have been found by Brijesh Chand PW 2 , the accused is granted benefit of doubt as Brijesh Chand PW 2 and Yogesh Chand Maheshwari PW 1 have stated that these were number the letters which were received by Brijesh Chand PW 2 at his house.
He also handed over the opinion of Handwriting Expert, Brij Pal Singh, Ext.
The said letters and envelopes are in the handwriting of the accused as is evident from the expert evidence and other material circumstances on record.
22 by the other handwriting expert.
He handed over the same to PW 1.
2 and 3 along with the envelopes Exts.
The prosecution examined 9 witnesses to companynect the appellant with the crime.
Formal case was registered by Yograj, Head Constable PW 1.
The two letters Exts.
1 and 26 were also recovered.
Inspector Ram Chander Verma, PW 4, who had taken over the investigation under orders of the Superintendent of Police, submitted charge sheet against the appellant on 4 7 1987.
He denied to have written any letter as also the recovery of the letters and the envelopes from his possession.
2 and 3, were threatening letters.
1, 26, 4 and 25 were recovered from the possession of the accused by the police officers on 6 6 1985 when he was arrested in front of his house.
We have heard learned companynsel for the parties and examined the record.
4 and 25 companytaining two letters, Exts.
2 and 3 vide Ext.
During the investigation, the specimen writings of the appellant and Neeraj Kumar were obtained by the Sub Divisional Magistrate, on a request from the Investigating Officer, on 22 6 1985.
The fact that SO Magendra Pal Singh PW 9 and Sub Inspector Vinod Kumar Verma PW 8 are police witnesses would be numberground to discard their testimony specially when their testimony finds companyroboration by other circumstances discussed above.
According to Ext.
22, to the police.
Magendra Pal Singh, PW 9, Station House Officer, P.S. Meerapur started investigation from 6 6 1985 onwards.
