Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

Yakub Abdul Razak Memon Versus The State of Maharashtra through CBI, Bombay

2013 (3) TMI 622 - Supreme Court Of India

If the confessional statement is properly recorded satisfying the mandatory provision of Section 15 of TADA and the Rules made thereunder, and if the same is found by the court as having been made voluntarily and truthfully then the said confession is sufficient to base conviction on the maker of the confession? - Whether the death sentence be commuted into life imprisonment for rest of the appellants convicted? - CRIMINAL APPEAL No. 1728 of 2007 , 609-610 , 628-629 , 637-638 , 365 , 864-865 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the TADA by the accused against their conviction and sentence and by the CBI for confirmation of the death sentence and against the acquittal of some of the accused persons. 2) Brief facts: The case of the prosecution is as follows: (a) Babri Masjid at Ayodhya was demolished on 06.12.1992. After its demolition, violence broke out throughout the country. In order to take revenge of the said demolition, Tiger Memon (AA) and Dawood Ibrahim, a resident of Dubai, formulated a conspiracy to commit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

try, the city of Bombay, witnessed an unprecedented terrorist act sending shock waves throughout the world. In a span of about two hours i.e., between 13:33 to 15:40 hours, a series of 12 bomb explosions took place one after the other at the following twelve places in Bombay, namely, Bombay Stock Exchange, Katha Bazaar, Sena Bhavan, Century Bazaar, Mahim Causeway, Air India Building, Zaveri Bazaar, Hotel Sea Rock, Plaza Theatre, Juhu Centaur Hotel, Air Port Bay-54 and Air Port Centaur Hotel. In .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

weaken the government, disturb social harmony and to break up the social, political and economic order of the country. This overt act of violence not only caused physical and mental damage but also left a psychological impact on society as a whole as the lives of several citizens were completely destroyed. (d) The conspiratorial acts leading to one of the aforesaid object began on or before 06.01.1993 at a meeting in Hotel Persian Darbar, Panvel, wherein the following accused persons, viz., Md. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ayeed (A-90), who received illegal gratification for the same. The following persons were also involved in the landing at Dighi Jetty, namely, Uttam Shantaram Poddar (A-30), Abdulla Ibrahim Surti (A-66), Ashok Narayan Muneshwar (A-70), Faki Ali Faki Ahmed Subedar (A-74), Janardhan Pandurang Gambas (A-81), Jaywant Keshav Gurav (A-82), Krishna Sadanand Mokal (A-83), Krishna Tukaram Pingle (A-84), Manohar Mahadeo More (A-87), Md. Sultan Sayyed (A-90), Pandharinath Madhukar Mahadik (A-99), Ramesh Da .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d. (e) On 19.01.1993, another meeting was held at Dubai wherein Dawood @ Dawood Taklya Mohammed Phanse @ Phanasmiyan (A-14), Dawood Ibrahim and Tiger Memon (both absconding) were present and detailed discussions were held whereafter Tiger Memon agreed to arrange for landing of arms and ammunitions and explosives which were to be sent to India by sea route for the purpose of committing the aforesaid terrorist act. Pursuant to the above, between 02-08.02.1993, two more such landings of arms and am .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ya Mohammed Phanse @ Phanasmiyan (A-14), Imtiyaz Yunusmiya Ghavte (A-15), Md. Farooq Mohammed Yusuf Pawale (A-16), Sharif Abdul Gafoor Parkar @ Dadabhai (A-17), Suleman Mohammed Kasam Ghavate (A-18), Yeshwant Nago Bhoinkar (A-19), Munna @ Mohammed Ali Khan @ Manojkumar Bhavarlal Gupta (A-24), Muzammil Umar Kadri (A-25), Raju Laxmichand Jain @ Raju Kodi (A-26), Rashid Umar Alware (A-27), Sayyed Abdul Rehman Shaikh (A-28), Shahnawaz Abdul Kadar Qureshi (A-29), Abdul Aziz Haji Gharatkar (A-34), Ash .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

@ Baba (A-73), Jaywant Keshave Gurav (A-82), Liyakat Ali Habib Khan (A-85), Mohmmed Sultan Sayyed (A-90), Parvez Mohammed Parvez Zulfikar Qureshi (A-100), Ranjitkumar Singh Baleshwar Prasad (A-102), Somnath Kakaram Thapa (A-112), Sudhanwa Sadashiv Talwadekar (A-113), Shahnawaz Khan s/o Faiz Mohammed Khan (A-128), Mujib Sharif Parkar (A-131), Mohammed Shahid Nizamuddin Quresh (A-135) and Eijaz Mohammed Sharif @ Eijaz Pathan @ Sayyed Zakir (A-137). (f) Between February to March 1993, the following .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Shaikh (A-52), Nasir Abdul Kader Kewal @ Nasir Dakhla (A-64), Salim Bismilla Khan @ Salim Kurla (Dead) (A-65), Faroow Iliyas Motorwala (A-75), Fazal Rehman Abdul Khan (A-76), Gul Mohammed @ Gullu Noor Mohammed Shaikh (A-77), Mohammed Hanif Mohammed Usman Shaikh (A-92), Mohammed Rafiq Usman Shaikh (A-94), Mohammed Sayeed Mohammed Issaq (A-95), Niyaz Mohammed @ Islam Iqbal Ahmed Shaikh (A-98), Parvez Mohammed Parvez Zulfikar Qureshi (A-100), Shaikh Ibrahim Shaikh Hussain (A-108), Sayed Ismail Saye .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ultan-E-Rome Sardar Ali Gul (A-114), Abdul Aziz Abdul Kader (A-126), Mohammed Iqbal Ibrahim s/o Shaikh Ibrahim (A-127), Shahnawaz Khan s/o Fair Mohammed Khan (A-128), Murad Ibrahim Khan (A-130) and Mohammed Shahid Nizammudin Qureshi (A-135) went to Pakistan for a similar training, however, the said training programme was aborted and they had to return from Dubai. (h) In March 1993, a weapons training programme was also conducted at Sandheri and Borghat at the behest of Tiger Memon (AA). In the s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n (A-54), Shaikh Ali Shaikh Umar (A-57), Issaq Mohammed Hajwani (A-79), Shahnawaz @ Shahjahan Dadamiya Hajwani (A-106) and Sikander Issaq Hajwani (A-111). After completing the said training programme, A-17 and A-79 attempted to destroy the evidence by disposing off the hand grenades in the Sandheri creek on or about 8th March 1993 to aid and abet the above offenders. (i) On 04.03.1993, Tiger Memon called for a preparatory meeting at the Taj Mahal Hotel which was attended by Javed Chikna (AA), Mo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

alari (AA) who was a close friend of Tiger Memon (AA). Three Commander jeeps were also purchased through Mohammed Shafi Zariwala (AA) and he also bought two Maruti Vans and one Ambassador Car. Mohammed Shafi Zariwala arranged all these vehicles through Suleman Mohammed Lakdawala (PW-365). Two Maruti vans of Blue and Red colour were also purchased through PW-365. (k) On 07.03.1993, another meeting was held at the house of Shafi where Tiger Memon formed separate groups for reconnaissance of the ta .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

honie, Five Star Hotels, Cinema Theatres, Shiv Sena Bhavan, Shivaji Park, Dadar, Bombay Municipal Corporation Building, V.T., Sahar Airport, Passport Office, Worli, Mantralaya and others places. (m) Again, on 10.03.1993, a meeting was held at the house of Mobina @ Bayamoosa Bhiwandiwala (A-96) where PW-2 met Tiger Memon, Javed Chikna, Salim Rahim Shaikh (A-52), Bashir Khan, Zakir Hussain Noor Mohammed Shaikh (A-32), Nasir Abdul Kader Kewal @ Nasir Dakhla (A-64), Parvez Mohammed Parvez Zulfikar Q .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

njum Abdul Razak Memon (A-3), Yusuf Abdul Razak Memon (A-4), Abdul Razak Suleman Memon (dead) (A-5), Hanifa Abdul Razak Memon (A-6), Rahin Yakub Memon (A-7), Rubeena Suleman @ Arif Memon (A-8), Mohammed Shoaib Mohammed Kasam Ghansar (A-9), Asgar Yusuf Mukadam (A-10), Abdul Gani Ismail Turk (A-11), Parvez Nazir Ahmed Shaikh (A-12), Bashir Ahmed Usman Gani Khairulla (A-13), Md. Farooq Mohammed Yusuf Pawale (A-16), Mohammed Iqbal Mohammed Yusuf Shaikh (A-23), Shahnawaz Abdul Kadar Qureshi (A-29), Z .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t between 11/12.03.1993 at Al-Hussaini Building, Dargah Street, Mahim, in which a final touch to the proposed plan of serial bomb blasts was given. The co- conspirators stored explosives like RDX and fire arms in the garages owned by the Memons and their relatives at Al-Hussaini Building and utilized these garages and open places outside the same for making bombs during the said night. The following persons were also present there at that time and had actively participated in the work of filling .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ons were killed and 218 persons were injured; Secondly, Parvez Nazir Ahmed Shaikh (A-12) planted bomb and caused explosion at Katha Bazaar at 14:15 hrs. wherein 4 persons were killed and 21 persons were injured; Thirdly, Mohammed Usman Jan Khan (PW-2) and Mohammed Farooq Mohammed Yusuf Pawale (A-16) planted bomb and caused explosion at Lucky Petrol Pump near Shiv Sena Bhavan wherein 4 persons were killed and 50 persons were injured; Fourthly, Abdul Gani Ismail Turk (A-11) planted bomb and caused .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

killed and 6 persons were injured; Sixthly, Mohammed Farooq Mohammed Yusuf Pawale (A-16), Mohammed Tainur (AA) and Irfan Chougule planted bomb and caused explosion at Air India Building at 15:00 hrs wherein 20 persons were killed and 84 persons were injured; Seventhly, Md. Shoaib Mohammed Kasam Ghansar (A-9) planted bomb and caused explosion at Zaveri Bazaar at 15:05 hrs. wherein 17 persons were killed and 57 were injured; Eighthly, Parvez Nazir Ahmed Shaikh (A-12) planted bomb and caused explo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

bomb and caused explosion at Sahar Airport at 15:30 hrs and; Twelfthly, Anwar Theba (AA) caused explosion at 15:40 hrs at Centaur Hotel, Airport wherein 2 persons were killed and 8 persons were injured. In addition to the above, at various other places, viz., Naigan Cross Road, Dhanji Street and Sheikh Memon Street etc., bombs were planted by accused persons which were defused in time on the basis of information received by the police. Thus the object behind the said conspiracy was achieved and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to possession vide Panchnama Exh. 109. A suit case (Article 42) was found containing 65 hand grenades and 100 electronic detonators. In addition, one VIP suit case (Article 43) was found containing 40 hand grenades and 50 electronic detonators. During the examination, only 85 grenades were found in the two suit cases which were marked as Article 44 (1-84) and one hand grenade which was sent to the FSL was marked as Article 45. (q) Further, on 12.03.1993, one maroon coloured Maruti van was found .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

SL. The FSL report Exh. 2439-A establishes that these hand grenades were capable of causing explosion. During investigation, it was found that in the above said van, the following persons were sitting, viz., A-57, Javed Chikna (AA), Bashir Khan and Nasir @ Babloo and were proceeding towards BMC office near V.T. for the purpose of killing BJP and Shiv Sena Corporators but they left the vehicle because of the damage caused to the car during the explosion at Century Bazaar. (r) On 26.03.1993, the f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

arched the house of accused Mujammil Umar Kadri (A-25) at village Mhasala, Tal. Shrivardhan and seized certain aricles vide Exh. 158, namely, 13 AK-56 rifles, 26 empty magazines and 3 gunny bags (Article 86). (t) During the investigation, on 27.03.1993, at the instance of accused Ashrafur Rehman Azimulla Shaikh @ Lallu, Shivaji Shankar Sawant (PW-524) and Abdul Kadar A. Khan (PW-323) prepared the disclosure Panchanama Exh. 439 in the presence of Sayyed Badshah Gaus Mohiuddin (PW-85). In pursuanc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ounds of 7.62 rifles, Goni, Rexin Bag and 6 swords from Raziya Manzil near Ram Shyam Theatre, Jogeshwari, West. (v) On 26.04.1993, at the instance of Mohd. Moin Faridulla Qureshi (A-43), Eknath Dattatraya Jadhav (PW-606), in the presence of Krishnanad Jacob Alwin (PW-41), prepared the disclosure Panchnama Exh. 133 and in pursuance of the said disclosure Panchnama seized 17 hand grenades vide seizure Panchnama Exh. 134. The said hand grenades were defused with the help of Bomb Detection and Dispo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f .315 bore. (x) On 25.03.1993, at the instance of Parvez Nazir Ahmed Shaikh (A-12), Anil Prabhakar Mahabole (PW-506), in the presence of Padmakar Krishna Bhosle (PW-43), prepared the disclosure Panchnama Exh. 146 and in pursuance of the said disclosure Panchnama seized a single revolver No. A-85525, five cartridges and six more cartridges vide seizure Panchnama Exh. 479. Besides the aforesaid items, one rexin pouch, one revolver case and Arms Licence and one permit in the name of Tiger Memon we .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and seized two AK-56 rifles, two empty magazines of AK-56 and one gunny bag. (aa) On 01.04.1993, at the instance of Ibrahim Mussa Chauhan @ Baba (A-41), Anil Prabhakar Mahabole (PW-506), in the presence of (PW-45), prepared the disclosure Panchnama Exh. 171 and seized a single 7.72 mm Assault short rifle without magazine, 10 empty rifle magazines, 564 cartridges and 25 hand grenades. In addition, a blue coloured rexin bag was also recovered. (ab) On 18.04.1993, at the instance of Ahmed Birya (A .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mmed Tufel Mohammed Qureshi (A-122), Prakash Dhanaji Khanvelkar (PW-513), in the presence of Rohitkumar Ramsaran Chaurasia (PW-39), prepared the disclosure Panchnama Exh. 119 and seized one 7.62 mm pistol with magazine and 14 intact and two test fired cartridges. (ae) On 10.04.1993, at the instance of Nasim Ashraf Shaikh Ali Barmare (A-49), Srirang Vyas Nadgauda (PW-597), in the presence of Ranjeet Kumar Surender Nath Das (PW-38), prepared the disclosure Panchnama Exh. 115 and seized a five cham .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

30 US Carbine, 28 cartridges and 3 magazines. (ah) On 17.04.1993, at the instance of Ahmed Shah Durani (A-20), Shivaji Shankar Sawant (PW-524), in the presence of Mohd. Ayub Mohd. Umer (PW-72), prepared the disclosure Panchnama Exh. 378 and in pursuance of the said panchnama seized one AK-56 rifle and two magazines. (ai) On 09.04.1993, at the instance of Md. Dawood Mohd. Yusuf Khan (A-91), PW-522, in the presence of Ashok Kumar Hari Vilas Pande (PW-59), prepared the disclosure Panchnama Exh. 265 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rse of search, xerox copies of registration papers of the said vehicle in the name of Rubina Suleman @ Arif Memon (A-8) were found which led the police party to the flat Nos. 22, 25 and 26 of Memons at Al Hussaini Building. As the involvement of Memons had come to light in the incidents, the said flats were searched by the Police Officer, namely, Dinesh P. Kadam (PW-371), in the presence of Uday Narayan Vasaikar (PW-67) and vide seizure Panchnama Exh. 337, the police party seized the passport of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

recovered from the compound of Al Hussaini Building in the presence of Leoneison Desouza (PW-52), namely, 31 gunny cloth pieces, 25 black cardboard pieces and 34 blacken polythene papers. (an) Sanjay Dutt (A-117) received three AK-56 rifles and ammunitions from accused Abu Salem, who visited his residence along with A-53 and A-41. After sometime, he returned two AK-56 rifles to co-accused and kept one with him. He also purchased one .9mm pistol from one Qyaoom, a close associate of Dawood. When .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

er, A-124 led the police party to A-125. A-125 made a disclosure which was recorded in Panchnama Exh. 1068D and led the police party to A- 120 who produced one pistol which is Article 384-D which came to be recovered vide Exh. 1068E drawn by Suresh S. Wallishetty (PW-680) in the presence of Shashikaam R.S. (PW-211). (ao) On 18.04.1993, at the instance of Noor Mohammed (A-50), Prakash Dhanaji Khanvelkar (PW-513), in the presence of PW-33, prepared the disclosure Panchnama Exh. 88 and seized one o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

recovered six military coloured bags containing 9000 rounds and 3 wooden boxes containing 44 magazines vide Panchnama Exhibit 503. In the Court, the said articles were marked as below:- i) 750 cartridges marked as Article No.296-B; ii) 6000 cartridges marked as Article No. 297-(A-i) to (A-viii); iii) 549 cartridges marked as Article No. 297 (A-ix(b)); iv) 750 cartridges marked as Article No. 297 (A-x(b)); and v) 850 cartridges marked as Article No. 294-D (Colly). (ar) On 25.05.1993, PW-670 forw .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s, namely, 3 broken branches, pieces of cardboard, 3 empties, 6 lead pieces and pieces of stones. (au) Out of the aforesaid articles, the following articles were sent to the FSL vide Exh. 2112 i.e., 3 empties, 6 lead shots, 3 tree branches and pieces of target, stones, cardboard and 12 empties recovered on 01.04.1993, 02.04.1993 and 03.04.1993. (av) At the instance of Issaq Mohammed Hajwani (A-79), PW-587, in the presence of PW-104, recovered 13 hand grenades and 79 empties from Sandheri Jetty. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

6.1993, Shashinath Raghunath Chavan (PW-676) sent a letter Exh. 2517 to the FSL along with 67 empties for opinion. (viii) CA Report dated 05.08.1993 vide M.L. case No. BL 643/93, 447/93, 385/93 and 568/93 through MA No. 382/2000 dated 17.10.2000. (aw) During the course of investigation, Shashikant Eknath Shinde (PW-519), in the presence of Dilip Manekrao Dawalekar (PW-65), recovered 57 gunny bags filled with RDX and gelatine from the Nangla Creek on 02.04.1993. Out of 57 bags, 37 were found to b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ns on 04.11.1993. Subsequently, further investigation of the case was transferred to the Respondent-CBI who filed 19 supplementary charge sheets under Section 173(8) of the Code of Criminal Procedure, 1973 (in short the Code ) and the trial of 123 accused persons was concluded on 23.11.2003. 3) In order to enquire into the matter and render speedy justice, a Special Judge (TADA) was nominated and recording of evidence started in 1995 and the said process was concluded in the year 2002. Total 687 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

said blasts. In cases of death sentence, the Special Judge referred the matter to this Court for confirmation. In total, 51 appeals have been filed by the accused against their conviction ranging from various sentences upto life imprisonment. Against the order of acquittal, the State of Mahrashtra through CBI has filed 48 appeals. Yakub Abdul Razak Memon (A-1) 4) At the first instance, let us consider the charges, materials placed by the prosecution, defence and details regarding conviction and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rrorist acts with an intent to overawe the Government as by law established, to strike terror in the people, to alienate sections of the people and to adversely affect the harmony amongst different sections of the people, i.e. Hindus and Muslims by using bombs, dynamites, handgrenades and other explosive substances like RDX or inflammable substances or fire- arms like AK-56 rifles, carbines, pistols and other lethal weapons, in such a manner as to cause or as likely to cause death of or injuries .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

such safe places and amongst yourselves and with your men of confidence till its use for committing terrorist acts and achieving the objects of criminal conspiracy and to dispose off the same as need arises. To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to commit terrorist acts. To harbour and conceal terrorists/co-conspirators, and also to aid, abet and knowingly facilitate the terrorist acts and/or an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Bazaar, Katha Bazaar, Century Bazaar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing handgrenades at Macchimar Hindu Colony, Mahim and at Bay-52, Sahar International Airport which left more than 257 persons dead, 713 injured and property worth about ₹ 27 crores destroyed, and attempted to cause bomb explosions at Naigaum Cross Road and Dhanji Street, all in the city of Bombay and its suburbs i.e. within Greater Bombay. And thereby committed offences punishab .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Property Act, 1984 and within my cognizance. In addition to the abovesaid principal charge of conspiracy, the appellant was also charged on the following counts: At head secondly, for commission of the offence under Section 3(3) of TADA Act, for in pursuance to the conspiracy in India, Dubai and Pakistan, during the period between December, 1992 and April, 1993, having conspired advocated, abetted, advised and knowingly facilitated the commission of terrorist acts and acts preparatory to terrori .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

training in Pakistan and for having made arrangement for their lodging and boarding; (iii) purchasing motor vehicles for the purpose of preparing them for being used as bombs and for planting them at important locations in furtherance of objective of conspiracy to commit terrorist act; and (iv) requesting the discharged Amjad Ali Meharbux and A-67 to store suitcases containing arms and ammunitions, handgrenades which were part of consignment smuggled into India by the absconding accused Tiger Me .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

A Act, on the count of unauthorisedly, within the area of Greater Bombay, with an intent to aid terrorists, from 03.02.1993 onwards, being in possession of handgrenades, detonators which were the part of the consignment of arms, ammunitions and explosives smuggled into the country by Tiger Memon and his associates for committing the terrorist act and thereby having contravened the provisions of the Arms Act, 1959, the Explosives Act, 1884, the Explosive Substances Act, 1908 and the Explosives Ru .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s possession and control explosive substances like handgrenades and detonators with an intent, and by means thereof, to endanger the lives and for causing serious damage to property in India and to enable his co-conspirators to do such acts. 5) The appellant (A-1) has been convicted and sentenced for the above said charges as follows:- (i) The appellant-A1 has been convicted and sentenced to death under Section 3(3) of TADA and Section 120-B of IPC read with the offences mentioned in the said ch .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

for 14 years alongwith a fine of ₹ 1,00,000/-, in default, to further undergo RI for 2 years under Section 6 of TADA. (charge fourthly) v) The appellant was sentenced to RI for 10 years with a fine of ₹ 50,000/-, in default, to further undergo RI for 1 year under Sections 3 and 4 read with Section 6 of the Explosive Substances Act, 1908. (charge fifthly). 6) Heard Mr. Jaspal Singh, learned senior counsel for the appellant and Mr. Gopal Subramanium, learned senior counsel duly assiste .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

A-1) along with the order of conviction and sentence dated 12.09.2006 and 27.07.2007 respectively. Inasmuch as only operative portion was read out and after hearing the accused the conviction and sentence was imposed, it is not permissible in law. He further pointed out that as per the operative portion , A-1 was convicted and sentenced to death, RI along with fine for commission of offences mentioned in charges at head firstly to fifthly. In the absence of the entire judgment in terms of the ab .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

eds to be corroborated and conviction based on his sole testimony cannot be sustained. (iii) The Special Judge heavily relied on the confessional statements of A- 10, A-11, A-46, A-67 and A-97. Among them, except A-97 others have retracted their statements. Since the prosecution case rests entirely upon the confessional statements of those accused persons, in view of their retraction statements, the conviction and sentence cannot be sustained. (iv) Several recoveries were made by the prosecution .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

iracy among the accused persons pursuant to the demolition of Babri Masjid. (vii) In any event, the prosecution failed to pin point the specific role of A-1. A-1 had no knowledge of the conspiracy and of the ultimate bomb blasts on 12.03.1993. Even, the confessional statements cannot be used against A-1 since the same were recorded before the amendment of Section 3(5) of TADA. Considering the entire evidence against him, the prosecution failed to point out any specific role, accordingly, the dea .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g to him, it is incorrect to state that conviction was based solely on the evidence of Approver (PW-2). He pointed out that the prosecution has placed enough materials to substantiate conspiracy and the ultimate role played by each one of the accused persons, particularly A-1, in the commission of offence. He further pointed out that all the confessions made by the accused, namely, A-10, A-11, A-46, A-67 and A-97 are admissible, and on the other hand, their alleged retractions cannot be accepted .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tickets and travel documents such as passports, visas etc. He further pointed out that there was no flaw in the procedure adopted by the Special Court in delivering the judgment. There is no merit in the appeal filed by A-1 and prayed for confirmation of death sentence. 9) We have carefully considered the entire materials, oral and documentary evidence and the submissions made by either side. Validity of impugned judgment by the Special Court 10) Among various points raised, since the argument r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the accused, conviction and sentence was imposed. As per the operative portion, A-1 was convicted under Sections 3(3), 5 and 6 of TADA read with Section 120-B IPC and Sections 3, 4 and 6 of the Explosive Substances Act, 1984. He further pointed out that after convicting and sentencing A-1, the Presiding Officer stated that the reasons will be given within two months which shows that, admittedly, the judgment was not ready on the date of the pronouncement. 11) In view of the above, it is desirab .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

The relevant provisions are Sections 353, 354, 362 and 363 which are as under: 353. Judgment.-(1). The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders. (a) By delivering the whole of the judgment; or (b) By reading out the whole of the judgment; or (c) By reading out the operativ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open court and if it is not written with his own hand, every page of the judgment shall be signed by him. (4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost. (5) If the accused is in custody, he shall be brou .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lay in the disposal of the case, pronounce the judgment notwithstanding their absence. (7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place. (8) Nothing in this section shall be construed to limit in any way the extent .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

punishment to which he is sentenced; (d) If it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty. (2) When the conviction is under the Indian Penal Code (45 of 1860) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the court shall distinctly express the same, and pass judgment in the alternative. (3) When the conviction is for an offence punish .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e sentence is one of imprisonment till the rising of the court or unless the case was tried summarily under the provisions of this Code. (5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. (6) Every order under section 117 or sub-section (2) of section 138 and every final order made under section 125, section 145 or section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

him free of cost. (2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the court, shall be given to him without delay, and such copy shall, in every case where the judgment is appeal able by the accused be given free of cost: Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused fr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order of any deposition or other part of the record: Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost. (6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or ord .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lso pointed out that in case of death sentence, special reasons have to be assigned. According to Mr. Jaspal Singh, in terms of Section 353 of the Code, the judgment means the whole judgment signed by the Judge. He elaborated that when the Code permits the Court to hear the accused on sentence, he must be provided with the whole judgment including the reasons. According to him, though A-1 was awarded death sentence, no special reasons were assigned by the Designated Court and he was not even fur .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ort of the above proposition. 13) In Shambhu & Ors. vs. The State AIR 1956 All. 633, learned single Judge of the High Court with regard to the words judgment and order has held as under:- 4. The argument sounds plausible; nevertheless I have no hesitation in holding it to be untenable. A study of the provisions of the Code of Criminal Procedure discloses that the expression of the opinion of the criminal Court on any matter at issue arrived at after due consideration of the evidence and of t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

is, by virtue of Section 367(6), Criminal P. C. must be added orders under Sections 118 or 123 (3), orders which bear the character of a conviction. Chapter 26 of the Code deals exclusively with judgments and on the basis of its exhaustive provisions there can be no difficulty in recognising a criminal Court's "judgment". 14) In Baldeo. vs. Deo Narain and Ors. AIR 1954 All. 104, there was discussion about how the judgment to be in terms of the provisions of the Code. The relevant p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Every portion of the Judgment of the trial Court seems to indicate non-application of mind by the Court to the evidence on record. The third requirement laid down in Section 367, Criminal P. C. viz., the reasons for the decision, is an important ingredient of a Judgment. Compliance with law in this regard should not be merely formal but substantial and real, for it is this part of the judgment alone which enables the higher Court to appreciate the correctness of the decision, the parties to fee .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he evidence in the case. Where the statement of reasons turn out to be a mere hollow pretension of a baseless claim of application of mind by the Court, the Judgment is robbed of one of its most essential ingredients and forfeits its claim to be termed a Judgment in the eye of law. 15) In Surendra Singh & Ors. vs. State of Uttar Pradesh AIR 1954 SC 194, this Court has interpreted the word judgment . The following conclusion is relevant which reads as under:- 10. In our opinion, a judgment wi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e manner in which it is to be recorded, the way in which it is to be authenticated, the signing and the sealing, all the rules designed to secure certainty about its content and matter - can be cured; but not the hard core, namely the formal intimation of the decision and its contents formally declared in a judicial way in open court. The exact way in which this is done does not matter. In some courts the judgment is delivered orally or read out, in some only the operative portion is pronounced, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

however it is done it must be an expression of the mind of the court at the time of delivery. We say this because that is the first judicial act touching the judgment which the court performs after the hearing. Everything else up till then is done out of court and is not intended to be the operative act which sets all the consequences which follow on the judgment in motion. Judges may, and often do, discuss the matter among themselves and reach a tentative conclusion. That is not their judgment .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rtain. The rules regarding this differ but they do not form the essence of the matter and if there is irregularity in carrying them out it is curable. Thus, if a judgment happens not to be signed and is inadvertently acted on and executed, the proceedings consequent on it would be valid because of the judgment, if it can be shown to have been validly delivered, would stand good despite defects in the mode of its subsequent authentication. 16) In Ratia Mohan. vs. The State of Gujarat AIR 1969 Guj .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ence people in absentia and we do not also convict and sentence people without judgments being pronounced in open court and signed and dated then and there. It may be different in the continental system of criminal jurisprudence." It was a case in which a sentence was announced before judgment, which was the final decision of the court intimated to the parties and the world at large by formal pronouncement of delivery in open court by the trial judge and signing and dating it simultaneously .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he order void and ineffective. It was not curable under Section 537 of the Criminal Procedure Code. Some observations made by the Supreme Court in Willie (William) Slaney v. State of Madhya Pradesh, AIR 1956 SC 116, were quoted to say that "the complainant is entitled to know why his complaint has been dismissed with a view to consider an approach to a revisional Court. Being kept in ignorance of the reasons clearly prejudices his right to move the revisional Court and where he takes a matt .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ate as on 6-2-68. The accused-appellant had a right to know the reasons which led the learned Magistrate to come to that conclusion. It may well happen that after coming to know about the accused going in appeal, the learned Magistrate may try to record a proper judgment which otherwise he may later on do in some other manner. In any event, the learned Magistrate has clearly contravened the imperative provisions contained in Section 264 of the Criminal Procedure Code by passing the sentence with .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cision relied on is State of Orissa vs. Ram Chander Agarwala & Ors. (1979) 2 SCC 305. We have gone through the factual position and the ratio laid down therein. Inasmuch as it is only a general observation, the same is not helpful to the case on hand. 18) Another decision relied on is Jhari Lal vs. Emperor AIR 1930 Pat. 148. While considering Sections 367 and 369 of the Code, the Court held that pronouncing sentence before completing the judgment, that is to say, before preparing the essenti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nal order without a reasoned judgment. It is desirable that the final order which the High Court intends to pass should not be announced until a reasoned judgment is ready for pronouncement. Suppose, for example, that a final order without a reasoned judgment is announced by the High Court that a house shall be demolished, or that the custody of a child shall be handed over to one parent as against the order, or that a person accused of a serious charge is acquitted, or that a statute is unconst .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

vitably is that the operation of the order passed by the High Court has to be stayed pending delivery of the reasoned judgment. 20) The next decision relied on is Krishna Swami vs. Union of India and Ors., AIR 1993 SC 1407, which is a Constitution Bench decision. We have gone through the factual position and the ratio laid down therein. According to us, the said decision is neither helpful nor applicable to the case on hand. 21) The other decision relied on by Mr. Jaspal Singh is reported in K.V .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

state its finding or decision with the reason therefore, upon each separate issue, unless the finding upon any one or more of the issues is sufficient for the decision of the suit. In the light of the definition clause, namely, judgment though the same has not been explained in the Code, the procedure to be followed both in the civil and criminal cases are all acceptable. 22) By pointing out that when the judgment does not contain the material case of the prosecution, defence and discussion on .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

f just and fair procedure envisaged under Article 14 of the Constitution. 23) In M. Nagaraj & Ors. vs. Union of India and Ors. (2006) 8 SCC 212 which is also a decision of the Constitution Bench, the following conclusion is pressed into service. 20…..Article 21 of the Constitution provides that no person shall be deprived of his life and personal liberty except according to procedure established by law. The Supreme Court by a majority held that procedure established by law means any p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rocedure should also be in conformity with the principles of natural justice. This example is given to demonstrate an instance of expansive interpretation of a fundamental right. The expression life in Article 21 does not connote merely physical or animal existence. The right to life includes right to live with human dignity. This Court has in numerous cases deduced fundamental features which are not specifically mentioned in Part III on the principle that certain unarticulated rights are implic .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n guaranteed under Article 19(1)(a). 24) In Confederation of ex-Servicemen Associations and Others vs. Union of India and Ors. (2006) 8 SCC 399 which is also a Constitution Bench judgment, this Court held as under:- 61. It cannot be gainsaid that the right to life guaranteed under Article 21 of the Constitution embraces within its sweep not only physical existence but the quality of life. If any statutory provision runs counter to such a right, it must be held unconstitutional and ultra vires Pa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

learned Sessions Judge but by his Sheristedar. It was urged that the procedure adopted in this respect by learned Sessions Judge was not in accordance with law. This submission was not acceptable to the Bench. The following observation and conclusion are relevant: 6…The report of Shri Gupte shows that he dictated the judgment in the case against the petitioner in open court. The judgment included, as it must, the concluding part relating to the conviction and sentence awarded to the peti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

gs must have translated to the petitioner what was contained in the concluding part of the judgment. It was, in our opinion, the dictation of the concluding part of the judgment in open court by the learned Sessions Judge which should in the circumstances be taken to be tantamount to the pronouncement of the judgment. 8. Question then arises as to whether the appellant can be said to be not properly imprisoned if the trial Judge had merely dictated the judgment but not signed it because of its n .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g trial or in any enquiry or other proceedings under this Code, unless such error, omission, irregularity has in fact occasioned a failure of justice. This section is designed to ensure that no order of a competent court should in the absence of failure of justice be reversed or altered in appeal or revision on account of a procedural irregularity. The Code of Criminal Procedure is essentially a code of procedure and like all procedural law, is designed to further the ends of justice and not to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ge of justice. In all procedural laws certain things are vital. Disregard of the provisions in respect of them would prove fatal to the trial and would invalidate the conviction. There are, however, other requirements which are not so vital. Non-compliance with them would amount to an irregularity which would be curable unless it has resulted in a failure of justice. 26) The next decision relied on by learned senior counsel for CBI is reported in Rama Narang vs. Ramesh Narang and Ors. (1995) 2 S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n of India. Section 235(2) of the Code reads as under: If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of Section 360 hear the accused on the question of sentence, and then pass sentence on him according to law. The purpose of adding the provision is recognition of new trend in penology and awarding of sentence taking into consideration various factors such as the prior criminal record of the offender, his age, employment, educational background .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t in issue. 28) In Santa Singh vs. The State of Punjab, (1976) 4 SCC 190, this Court observed: The provisions of Section 235(2) are very salutary and contain one of the cardinal features of natural justice, namely, that the accused must be given an opportunity to make a representation against the sentence proposed to be imposed on him. 7. Non-compliance with the requirement of Section 235(2) cannot be described as mere irregularity in the course of the trial curable under Section 465. It is much .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tion cannot be regarded as a mere irregularity. It goes to the root of the matters and the resulting illegality is of such a character that it vitiates the sentence. (Vide Pulukurti Kotayya v. King Emperor (1947) 74 I.A. 65 and Magga and Anr. v. State of Rajasthan 1953 Cri.L.J. 892). Secondly, when no opportunity has been given to the appellant to produce material and make submissions in regard to the sentence to be imposed on him, failure of justice must be regarded as implicit. Section 465 can .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ational and progressive society. The modern concept of punishment and penology has undergone a vital transformation and the criminal is now not looked upon as a grave menace to the society which should be got rid of but as a diseased person suffering from mental malady or psychological frustration due to subconscious reactions and is, therefore, to be cured and corrected rather than to be killed or destroyed. There may be a number of circumstances of which the Court may not be aware and which ma .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mplete socio-economic destruction of the family which he leaves behind. Similarly there may be cases, where, after the offence and during the trial, the accused may have developed some virulent disease or some mental infirmity, which may be an important factor to be taken into consideration while passing the sentence of death. It was for these reasons that Section 235(2) of the 1973 Code was enshrined in the Code for the purpose of making the Court aware of these circumstances so that even if th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

id legislative provision is meant for affording benefit to the convicted person in the matter of sentence. But when the Sessions judge does not propose to award death penalty to a person convicted of the offence under Section 302 IPC what is the benefit to be secured by hearing the accused on the question of sentence. However much it is argued the Sessions Judge cannot award a sentence less than imprisonment for life for the said offence. If a Sessions Judge who convicts the accused under Sectio .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Sessions Judge does not propose to impose death penalty on the convicted person it is unnecessary to proceed to hear the accused on the question of sentence. Section 235(2) of the Code will not be violated if the sentence of life imprisonment (SIC) awarded for that offence without hearing the accused on the question of sentence. (2) In all other cases the accused must be given sufficient opportunity of hearing on the question of sentence. (3) The normal rule is that after pronouncing the verdic .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e committed to jail till the verdict on the sentence is pronounced. Further detention will depend upon the process of law. 30) In case, such an opportunity of hearing is not provided, the Appellate Court must remand the case to the trial court on a limited issue for re-trial on the question of sentence. (Vide: Narpal Singh & Ors. vs. State of Haryna, AIR 1977 SC 1066). However, in exceptional circumstances, where remand is likely to cause delay, it is open to remedy the prejudice by giving a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o raise the plea of prejudice of such non-compliance at Appellate stage. (Vide: Motilal vs. State of M.P. (Now Chhatisgarh), (2004) 2 SCC 469). 31) Thus, in view of the above, it is evident that generally judgment must be complete and it must have points for determination, decision thereon and reasons for such a decision. The basic requirement for such ingredients appears to be that the superior court (appellate/revisional) may be able to examine as to whether the judgment under challenge has be .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tion 235(2) read with Section 354(3) is that quantum of punishment is to be determined on considerations and circumstances not merely connected with a particular crime but a court is bound to give due consideration to the other circumstances also of the criminal. It is for this reason that court while hearing a convict on sentence is required to give a party an opportunity of producing evidence or materials relating to the various factors having some bearing on the question of sentence. The cour .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ion case is and what evidence have been adduced by the prosecution to prove its case. It is for the prosecution to prove its case beyond reasonable doubt, as in case the pivot of the prosecution is not accepted, a new prosecution case cannot be made to imperil the defence. The prosecution as well as the convict has a right to adduce evidence to show aggravating grounds to impose severe punishment or mitigating circumstances to impose a lesser sentence. More so, appeal is a continuity of trial. 3 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ce. Therefore, in a case where there has been some irregularity in delivering the judgment, it can be cured at the appellate stage. 34) As against the above mentioned decisions, it is also useful to refer the following decisions which are directly on the point in issue. 35) Judgment indicates the termination of the case by an order of conviction or acquittal of the accused and judgment is to be rendered in strict adherence to the provisions of Chapter XXVII of the Code. (Vide: Hori Ram Singh vs. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to indicate that the Court has applied its mind to it. Every portion of the judgment must indicate application of mind by the Court to the evidence on record. The reason for the decision is an important ingredient of a judgment. Compliance with the law in this regard should not be merely formal but substantial and real, for it is this part of the judgment alone which enables the higher Court to appreciate the correctness of the decision, the parties to feel that the Court has fully and impartial .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ts its claim to be termed as judgment in the eyes of law. 37) In Bachan Singh vs. State of Punjab, AIR 1980 SC 898, this Court observed: 151…..Accordingly, sub-section (3) of Section 354 of the Cr.P.C. provides: When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such se .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on. Although sub-section (2) of Section 235 does not contain a specific provision as to evidence and provides only for hearing of the accused as to sentence, yet it is implicit in this provision that if a request is made in that behalf by either the prosecution or the accused, or by both, the Judge should give the party or parties concerned an opportunity of producing evidence or material relating to the various factors bearing on the question of sentence. In this view, we are in accord with the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd circumstances in a given case, will warrant the passing of the death sentence. It is unnecessary nor is it possible to make a catalogue of the special reasons which may justify the passing of the death sentence in a case….. The present legislative policy discernible from Section 235(2) read with Section 354(3) is that in fixing the degree of punishment or making the choice of sentence for various offences, including one under Section 302 of IPC, the court should not confine its conside .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rt to choose the sentence to be awarded. Since the provision is intended to give the accused an opportunity to place before the court all the relevant material having a bearing on the question of sentence there can be no doubt that the provision is salutary and must be strictly followed. It is clearly mandatory and should not be treated as a mere formality….. 39) In Muniappan vs. State of T.N., AIR 1981 SC 1220, this Court held that the obligation to hear the accused on the question of se .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Judge to cast aside the formalities of the court scene and approach the question of sentence from a broad, sociological point of view. The occasion to apply the provisions of Section 235(2) arises only after the conviction is recorded. What then remains is the question of sentence in which not merely the accused but the whole society has a stake. The court, while on the question of sentence, is in an altogether different domain in which facts and factors which operate are of an entirely differen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ble from those two sections. In a judgment, both those two sections supplement each other and in a case where death penalty is imposed, both the sections must be harmoniously and conjointly appreciated and read. 41) Section 235(2), as interpreted by this Court in Bachan Singh (supra), provides for a bifurcated trial . It gives the accused (i) a right of pre- sentence hearing, on which he can (ii) bring on record material or evidence which may not be (iii) strictly relevant to or connected with t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

discharged without putting formal questions to the accused. This Court, in Malkiat Singh & Ors. vs. State of Punjab (1991) 4 SCC 341, while explaining the provisions under Section 235(2) of the Code, held as under. 18. … Hearing contemplated is not confined merely to oral hearing but also intended to afford an opportunity to the prosecution as well as the accused to place before the court facts and material relating to various factors on the question of sentence, and if interested by .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

airness, justice and reasonableness which constitute the essence of guarantee of life and liberty epitomised in Article 21 of the Constitution also pervades the sentencing policy in Sections 235(2) and 354(3) of the Code. Those two provisions virtually assimilate the concept of procedure established by law within the meaning of Article 21 of the Constitution. Thus, a strict compliance with those provisions in the way it was interpreted in Bachan Singh (supra) having regard to the development of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

kes the sentence illegal and vitiates the conviction. 43) We have already adverted to the fact that the word judgment has not been defined in IPC, and even in TADA. However, the Code, particularly, Sections 353, 354, 362 and 363 make it clear that how the judgment is to be in a criminal trial, language and contents and the procedure to be followed in furnishing copy of the judgment immediately after pronouncement. It is also clear that the ultimate decision, namely, the judgment, shall be pronou .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

a on 04.11.1993 relating to 189 persons. Thereafter, CBI was asked to investigate further on 19.11.1993 and filed 19 supplementary charge sheets. Finally, on 10.04.1995, order framing charges was passed. Thereafter, recording of evidence began on 30.06.1995 by examining the first prosecution witness. Recording of the evidence continued till 18.10.2000. Thereafter, the arguments commenced from 09.08.2001 which continued up to 20.09.2003. After having voluminous record of evidence both oral and do .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the reasons separately recorded the conclusion being reached of: A-1 Yakub Abdul Razak Memon being found guilty for offences for which charge at head firstly is framed against him and for offence under Section 3(3) of TADA Act for which charge at head secondly is framed against him and for offence under Section 5 of TADA for which charge at head thirdly is framed against him and for offence under Section 6 of TADA for which charge at head fourthly is framed against him and for offence punishabl .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

, A-8 who are on bail are taken into custody of this court and their bail bonds stand cancelled. For recording statement of accused who are found guilty about their say regarding quantum of sentence to be imposed, the matter stands posted tomorrow. 44) On 27.07.2007, the Designated Court again read the following conclusion in respect of A-1. 82 a) Accused no. 1 Yakub Abdul Razak Memon out of remaining 5 accused at trial: is found guilty for the offence of conspiracy for commission of such acts a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ousand.) (b) is also found guilty for offence punishable under Section 3(3) of TADA Act, 1987 for commission of such acts as found proved from charge at head secondly framed against him and on said count said accused is hereby convicted and sentenced to suffer RI for life and is ordered to pay a fine of ₹ 1,00,000/- (One Lakh only) and in default of payment of fine is ordered to suffer further RI for a period of 2(two) years. (c) is also found guilty for offence punishable under Section 5 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rthly framed against him and on said count said accused is hereby convicted and sentenced to suffer RI for 14 (fourteen) years and is ordered to pay a fine of ₹ 1,00,000/- (One Lakh only) and in default of payment of fine is ordered to suffer further RI for a period of 2 (two) years. (e) is also found guilty for offence punishable under Sections 3 and 4 read with Section 6 of the Explosives Act for commission of such acts as found proved from charge at head fifthly framed against him and o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ance with law for period for which he was in custody. (h) the substantive sentence awarded to A-1 to run concurrently. (i) A-1 is apprised of sentence awarded to him. The said accused is again apprised that sentence of Death awarded to him is subject to confirmation of same by Hon ble Apex Court and for said purpose court would be making necessary reference to Apex Court within 30 days from the day of completion of passing of final order. (j) The said accused is further apprised that it will tak .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

subject to same being by then ready. (k) the court Sheristedar to handover operative part of order passed today to A-1. (l) Registrar to send A-1, A-3, A-4 and A-8 to Arthur Road Prison along with appropriate warrant. 27.07.2007 -Sd/- (P.D. Kode) Presiding Officer of the Designated Court (Under TADA (P) Act, 1987) For Bomb Blast Cases, Greater Bombay 45) On perusal of the conclusion with regard to A-1, it is very much clear that he was apprised regarding the offences for which he was found to be .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

onviction and sentence of remaining accused and completed the judgment by getting the same transcribed, corrected and signed. The court also directed the Sheristedar to handover the operative part of the order passed on both these days, i.e., 12.09.2006 and 27.07.2007. In view of the above, it is useful to refer the following decisions on the point. 46) In Rama Narang vs. Ramesh Narang & Ors., (1995) 2 SCC 513, it was held as under: 12. …… the trial, therefore, comes to an end .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

imposition of sentence. A judgment becomes complete after both these stages are covered…. (emphasis supplied) 47) In Lakdey Ashok vs. Government of A.P., (2009) 6 ALT 677 (in Paras 12, 13 and 15) it was held by the Andhra Pradesh High Court that the judgment , as contemplated under Section 353 is complete only after the order on sentence is pronounced. The High Court held that: It will thus be seen that under the Code after the conviction is recorded, Section 235(2) inter alia provides th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rovisions of the Code to which we have already referred there are two stages in a criminal trial before the sessions court, the stage up to recording of a conviction and the stage post-conviction up to the imposition of sentence. A judgment becomes complete after both these stages are covered. (emphasis supplied) It is clear that a conviction order is not a judgment as contemplated under Section 353 and that a judgment is pronounced only after the award of sentence. In the case on hand, the Desi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r Section 353(1)(c) of the Code as follows:- 5) In the premises aforesaid but in light of 1) events which had occurred in past at trial, 2) keeping in mind attitude and conduct of accused as disclosed during course of trial, 3) mammoth subject matter involved at trial i.e. charges framed thereon running into 512 with many of them containing in all 192 sub charges, 4) delicacy and sensitivity of subject matter involved at trial due to numerous incidents involved and communal conflict said to be i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

by taking due care to prevent/avoid occurring of any event causing disturbance, interruptions etc. during same vitiating decorum of court, it was proper to deliver judgement only in accordance with provision of Sec. 353(1) (c) of Cr.P.C. rather than adopting any other prescribed mode for delivery of judgement. Needless to add that following the other method was bound to result trend of judgement being known to accused prior to delivery of same and thus giving all the chance to unscrupulous accu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nt under Section 353(1)(c) of the Code have been fully complied with. The above approach makes it clear that while pronouncing the operative part of the judgment, the Designated Court ensured that the substance of the judgment has been explained to the appellant in compliance with the requirement of Section 353. It is also relevant to point out that the said order dated 27.07.2007 was pronounced in open court and signed and dated by the Designated Judge in compliance with the requirements of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r reasonable time after completion of passing of final order would never be said to be an act offending provisions of law or defeating right of accused. 50) We have already pointed out that this was a joint trial of 123 accused persons. It is also brought to our notice that the copy of the final judgment was provided free of cost to the appellant after the pronouncement of the orders with respect to each of the accused by the Designated Judge. Further, as is evident from para (j) of the order da .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ronouncement of judgment had to be carried out for all accused since it was a joint trial and accordingly a copy of the final judgment could be provided to each of the accused only after the sentence was pronounced in respect of all the accused persons. The judgment also shows that detailed hearings on sentencing effectively commenced after all the conviction orders were pronounced and counsel for the appellant/appellants made detailed submissions on it. It is evident from para 351 onwards of Pa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e with the requirement of Section 235(2) and Section 353 of the Code. It is also relevant to mention that Section 354 makes it clear that judgment shall contain the punishment awarded to the accused. It is therefore, complete only after sentence is determined. 52) Section 354(1)(c) states that every judgment referred to in Section 353 shall specify the offence of which, and the section of the Indian Penal Code (45 of 1860), or other law under which, the accused is convicted and the punishment to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s reasons and make judicial determination of guilt or otherwise in respect of each accused. The process of delivery of judgment commenced on 12.09.2006 when the Court pronounced its verdict on the guilt or otherwise of specific accused. Whilst doing so, the Designated Judge explained the offences for which the accused were being convicted and invited the accused persons to make their statements with reference to the quantum of sentence. It is evident that at this stage, the detailed reasoning ma .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n the process followed and specifically under Sections 353, 354 and 235 keeping in mind the magnitude of the task before the Designated Judge inasmuch as he was trying 123 accused persons and had to deliver a judgment which runs in about 4,300 pages. In view of the above, we hold that the pronouncement of the judgment was in compliance with the above said provisions of the Code and does not violate any of the provisions of the Code as contended by the appellant. 55) It is also clear from the rea .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

me and as soon as the full judgment will be made ready, the same will be supplied to them free of cost. It does not mean that on the date of pronouncing the decision (decision was pronounced on various dates), the whole judgment was not ready or incomplete. 56) As the Code mandates that the accused are entitled to full/whole judgment, unless the conclusion relating to all the convicted accused is read over and explained to them, opportunity of hearing on sentence has been provided to them or the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d documentary relied on by the prosecution, discussion, ultimate conclusion and the sentence, the same cannot be treated as full/whole judgment in terms of the procedure prescribed under the Code. Inasmuch as all these factual aspects, particularly, the peculiar position about the number of accused and voluminous oral and documentary evidence, the Designated Judge not only apprised the accused regarding the offences for which they were found to be guilty but also of the reasoning adopted and the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d. It is not in dispute that neither the decision relating to ultimate conviction nor the sentence could be done in one day in respect of all the convicted 100 accused. Undoubtedly, it spread over to various dates and we are satisfied that the Designated Court completed its task by passing the impugned orders keeping in mind the procedural aspects to be followed in terms of the Code (vide Sections 353, 354, 362, 363 etc.) and at the same time, adhering to the principles of natural justice and th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

362 and contended that since judgment on sentence had not been pronounced, the Designated Court could amend the conviction order to bring all convictions under the IPC instead of convicting 99 accused persons under TADA. In the light of the submissions made, we verified the records and impugned final judgment, particularly, Part 46 and found that neither A-1 nor any other counsel pointed out the amendment, in particular, that would attract the provisions of Section 362 of the Code. On the other .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of natural justice. From the materials placed and after verification of the decision, apprisal of the accused about the contents of the judgment, hearing all the accused and their pleaders regarding sentence, we are satisfied that the Designated Court has complied with the requirements of law and we are also satisfied that considering the voluminous nature of work, even if there is mere procedural irregularity that would not vitiate the trial or the ultimate conclusion unless the same results in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

portunity was granted to all the counsel and all the issues were considered without any restriction. Accordingly, we reject the contention raised by learned senior counsel for the appellant. Conspiracy 60) Chapter VA of IPC speaks about Criminal Conspiracy. Section 120A defines criminal conspiracy which is as under: 120A. Definition of criminal conspiracy.- When two or more persons agree to do, or cause to be done,- (1) an illegal act, or (2) an act which is not illegal by illegal means, such an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

iminal conspiracy.-(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as follows: The sections of the Indian Penal Code which deal directly with the subject of conspiracy are those contained in Chapter V and Section 121- A of the Code. Under the latter provision, it is an offence to conspire to commit any of the offences punishable by Section 121 of the Indian Penal Code or to conspire to deprive the King of sovereignty of British India or any part thereof or to overawe by means of criminal force or show of criminal force the Government of India or any Local Gove .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n offence under the Indian Penal Code. On the other hand, by the common law of England, if two or more persons agree together to do anyting contrary to law, or to use unlawful means in the carrying out of an object not otherwise unlawful, the persons, who so agree, commit the offence of conspiracy. In other words, conspiracy in England may be defined as an agreement of two or more persons to do an unlawful act or to do a lawful act by unlawful means, and the parties to such a conspiracy are liab .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

offence some overt act is necessary to bring the conspiracy within the purview of the criminal law. The Bill makes criminal conspiracy a substantive offence, and when such a conspiracy is to commit an offence punishable with death, or rigourous imprisonement for a term of two years or upwards, and no express provision is made in the Code, provides a punishment of the same nature as that which might be awarded for the abetment of such an offence. In all other cases of criminal conspiracy the pun .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e amendment, unless an overt act took place in furtherance of the conspiracy it was not indictable (it would become indictable by virtue of being abetment). The proposition that the mere agreement constitutes the offence has been accepted by this Court in several judgments. Reference may be made to Major E.G. Barsay vs. State of Bombay (1962) 2 SCR 195 wherein this Court held that the the gist of the offence is an agreement to break the law. The parties to such an agreement will be guilty of cri .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

reement is designated a criminal conspiracy. The gist of the offence is an agreement to break the law. The parties to such an agreement will be guilty of criminal conspiracy, though the illegal act agreed to be done has not been done. So too, it is not an ingredient of the offence that all the parties should agree to do a single illegal act. It may comprise the commission of a number of acts. Under Section 43 of the Indian Penal Code, an act would be illegal if it is an offence or if it is prohi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rtant facet of the Law of Conspiracy is that apart from it being a distinct offence, all conspirators are liable for the acts of each other of the crime or crimes which have been committed as a result of the conspiracy. This principle has been recognized right from the early judgment in Regina vs. Murphy (1873) 173 ER 502. In the said judgment Coleridge J. while summing up for the Jury stated as follows: ...I am bound to tell you, that although the common design is the root of the charge, it is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ing one part of an act, so as to complete it, with a view to the attainment of the object which they were pursuing, you will be at liberty to draw the conclusion that they have been engaged in a conspiracy to effect that object. The question you have to ask yourselves is, 'Had they this common design, and did they pursue it by these common means - the design being unlawful?' it is not necessary that it should be proved that these defendants met to concoct this scheme, nor is it necessary .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t of conspiracy is already established in your minds, whatever is either said or done by either of the defendants in pursuance of the common design, is, both in law and in common sense, to be considered as the acts of both. 63) Each conspirator can be attributed each others actions in a conspiracy. Theory of agency applies and this rule existed even prior to the amendment of the Penal Code in India. This is reflected in the rule of evidence u/s 10 of the Evidence Act. Conspiracy is punishable in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tors) these acts are committed in the course of the same transaction, which embraces the conspiracy and the acts done under it..." (b) State of A.P. vs. Kandimalla Subbaiah (1962) 1 SCR 194, where this Court opined that where a number of offences are committed by several persons in pursuance of a conspiracy it is usual to charge them with those offences as well as with the offence of conspiracy to commit those offences, if the alleged offences flow out of the conspiracy, the appropriate for .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

all of them will be liable for the offences even if some of them had not actively participated in the commission of the offences. (d) In Nalini (supra), this Court explained that conspiracy results in a joint responsibility and everything said written or done in furtherance of the common purpose is deemed to have been done by each of them. The Court held: 583. Some of the broad principles governing the law of conspiracy may be summarized though, as the name implies, a summary cannot be exhaustiv .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

be agreement to carry out the object of the intention, which is an offence. The question for consideration in a case is did all the accused have the intention and did they agree that the crime be committed. It would not be enough for the offence of conspiracy when some of the accused merely entertained a wish, howsoever horrendous it may be, that offence be committed. 2. Acts subsequent to the achieving of the object of conspiracy may tend to prove that a particular accused was party to the con .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n- A enrolling B, B enrolling C, and so on; and all will be members of a single conspiracy if they so intend and agree, even though each member knows only the person who enrolled him and the person whom he enrols. There may be a kind of umbrella-spoke enrolment, where a single person at the center does the enrolling and all the other members are unknown to each other, though they know that there are to be other members. These are theories and in practice it may be difficult to tell which conspir .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

any plans for its commission, and despite the fact that no step is taken by any such person to carry out their common purpose, a crime is committed by each and every one who joins in the agreement. There has thus to be two conspirators and there may be more than that. To prove the charge of conspiracy it is not necessary that intended crime was committed or not. If committed it may further help prosecution to prove the charge of conspiracy. 6. It is not necessary that all conspirators should agr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tion has to produce evidence not only to show that each of the accused has knowledge of the object of conspiracy but also of the agreement. In the charge of conspiracy the court has to guard itself against the danger of unfairness to the accused. Introduction of evidence against some may result in the conviction of all, which is to be avoided. By means of evidence in conspiracy, which is otherwise inadmissible in the trial of any other substantive offence prosecution tries to implicate the accus .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

any degree whatever with the main offenders . 8. As stated above it is the unlawful agreement and not its accomplishment, which is the gist or essence of the crime of conspiracy. Offence of criminal conspiracy is complete even though there is no agreement as to the means by which the purpose is to be accomplished. It is the unlawful agreement which is the gravamen of the crime of conspiracy. The unlawful agreement which amounts to a conspiracy need not be formal or express, but may be inherent .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

y act done by any of them pursuant to the agreement is, in contemplation of law, the act of each of them and they are jointly responsible therefore. This means that everything said, written or done by any of the conspirators in execution or furtherance of the common purpose is deemed to have been said, done or written by each of them. And this joint responsibility extends not only to what is done by any of the conspirators pursuant to the original agreement but also to collateral acts incidental .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rd or by deed. However, criminal responsibility for a conspiracy requires more than a merely passive attitude towards an existing conspiracy. One who commits an overt act with knowledge of the conspiracy is guilty. And one who tacitly consents to the object of a conspiracy and goes along with other conspirators, actually standing by while the others put the conspiracy into effect, is guilty though he intends to take no active part in the crime. (emphasis supplied) 64) The offence under Section 1 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cy, it is relevant to decide conclusively the object behind it from the charges leveled against the accused and the facts of the case. The object behind it is the ultimate aim of the conspiracy. Further, many means might have been adopted to achieve this ultimate object. The means may even constitute different offences by themselves, but as long as they are adopted to achieve the ultimate object of the conspiracy, they are also acts of conspiracy. 66) In Ajay Aggarwal vs. Union of India, AIR 199 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

h an agreement is designated as criminal conspiracy . No agreement except an agreement to commit an offence shall amount to a criminal conspiracy, unless some act besides the agreement is done by one or more parties to such agreement in furtherance thereof. Section 120-B of the IPC prescribes punishment for criminal conspiracy. It is not necessary that each conspirator must know all the details of the scheme nor be a participant at every stage. It is necessary that they should agree for design o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t an indictment for conspiracy must charge a conspiracy to do an unlawful act by unlawful means….. The Court, thus, held that an agreement between two or more persons to do an illegal act or legal act by illegal means is criminal conspiracy. Conspiracy itself is a substantive offence and is distinct from the offence to be committed, for which the conspiracy was entered into. A conspiracy is a continuing offence and continues to subsist and is committed wherever one of the conspirators doe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n Yash Pal Mittal vs. State of Punjab, AIR 1977 SC 2433, the rule was laid down as follows: The very agreement, concert or league is the ingredient of the offence. It is not necessary that all the conspirators must know each and every detail of the conspiracy as long as they are co-participators in the main object of the conspiracy. There may be so many devices and techniques adopted to achieve the common goal of the conspiracy and there may be division of performances in the chain of actions wi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the object of the conspiracy even though there may be sometimes misfire or over-shooting by some of the conspirators. 68) For an offence under Section 120B IPC, the prosecution need not necessarily prove that the conspirators expressly agreed to do or cause to be done the illegal act, the agreement may be proved by necessary implication. It is not necessary that each member of the conspiracy must know all the details of the conspiracy. The offence can be proved largely from the inferences dr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

agreement must be viewed as a whole and it has to be ascertained as to what in fact the conspirators intended to do or the object they wanted to achieve. (Vide: R.K. Dalmia vs. Delhi Administration, AIR 1962 SC 1821; Lennart Schussler & Anr. vs. Director of Enforcement & Anr., (1970) 1 SCC 152; Shivanarayan Laxminarayan Joshi vs. State of Maharashtra, (1980) 2 SCC 465 and Mohammad Usman Mohammad Hussain Maniyar and Another vs. State of Maharashtra, AIR 1981 SC 1062) 69) In Yogesh @ Sachi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nces must form a chain of events from which a conclusion about the guilt of the accused could be drawn. It is well settled that an offence of conspiracy is a substantive offence and renders the mere agreement to commit an offence punishable, even if an offence does not take place pursuant to the illegal agreement. 70) In Nirmal Singh Kahlon vs. State of Punjab, AIR 2009 SC 984, this Court following Ram Lal Narang vs. State (Delhi Admn.), AIR 1979 SC 1791, held that a conspiracy may be a general .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

acy and its objects are usually deduced from the circumstances of the case and the conduct of the accused involved in the conspiracy… 72) In State of Maharashtra vs. Som Nath Thapa, AIR 1996 SC 1744, this Court held : …to establish a charge of conspiracy knowledge about indulgence in either an illegal act or a legal act by illegal means is necessary. In some cases, intent of unlawful use being made of the goods or services in question may be inferred from the knowledge itself. This .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

i & Ors., (1999) 5 SCC 253, this Court held: ……Offence of criminal conspiracy is an exception to the general law where intent alone does not constitute crime. It is intention to commit crime and joining hands with persons having the same intention. Not only the intention but there has to be agreement to carry out the object of the intention, which is an offence. The question for consideration in a case is did all the accused have the intention and did they agree that the crime .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the accused has knowledge of the object of conspiracy but also of the agreement. In the charge of conspiracy the court has to guard itself against the danger of unfairness to the accused……There has to be cogent and convincing evidence against each one of the accused charged with the offence of conspiracy…….it is the unlawful agreement and not its accomplishment, which is the gist or essence of the crime of conspiracy. Offence of criminal conspiracy is complete eve .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

evidencing their joining of the conspiracy. The agreement, sine qua non of conspiracy, may be proved either by direct evidence which is rarely available in such cases or it may be inferred from utterances, writings, acts, omissions and conduct of the parties to the conspiracy which is usually done. In view of Section 10 of the Evidence Act anything said, done or written by those who enlist their support to the object of conspiracy and those who join later or make their exit before completion of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

awful objective of that agreement constitutes the required mental state…..The law punishes conduct that threatens to produce the harm, as well as conduct that has actually produced it. Contrary to the usual rule that an attempt to commit a crime merges with the completed offence, conspirators may be tried and punished for both the conspiracy and the completed crime. The rationale of conspiracy is that the required objective manifestation of disposition to criminality is provided by the ac .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o enters into a conspiratorial relationship is liable for every reasonably foreseeable crime committed by every other member of the conspiracy in furtherance of its objectives, whether or not he knew of the crimes or aided in their commission. The rationale is that criminal acts done in furtherance of a conspiracy may be sufficiently dependent upon the encouragement and support of the group as a whole to warrant treating each member as a causal agent to each act. Under this view, which of the co .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

missible against each co-conspirator. Despite the unreliability of hearsay evidence, it is admissible in conspiracy prosecutions………Thus conspirators are liable on an agency theory for statements of co-conspirators, just as they are for the overt acts and crimes committed by their confréres. (See also: State (NCT of Delhi) vs. Navjot Sandhu @ Afsan Guru, (2005) 11 SCC 600) 75) In Ram Narayan Popli vs. Central Bureau of Investigation, (2003) 3 SCC 641, this Court held: .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

riminal conspiracy is the unlawful combination and ordinarily the offence is complete when the combination is framed. From this, it necessarily follows that unless the statute so requires, no overt act need be done in furtherance of the conspiracy, and that the object of the combination need not be accomplished, in order to constitute an indictable offence. Law making conspiracy a crime is designed to curb immoderate power to do mischief which is gained by a combination of the means. The encoura .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rthy evidence establishing all links of circumstantial evidence is available the confession of a co-accused as to conspiracy even without corroborative evidence can be taken into consideration. 77) In the present case, the conspiracy might have been started in Dubai but ultimately it continued here in India and a part of the object was executed in India and even in the conspiratorial meetings at Dubai, the matter was discussed with respect to India and amongst Indian citizens. Further, as far as .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ively working in furtherance of the conspiracy. The present accused need not be present at each and every meeting for being held to be a part of the conspiracy. 78) Section 10 of the Evidence Act further provides a unique and special rule of evidence to be followed in cases of conspiracy. Section 10 reads as under: 10. Things said or done by conspirator in reference to common design- Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

racy to wage war against the Government of India. (ii) The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D persuaded persons to join the conspiracy in Bombay, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the ex .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

that two or more persons have conspired together to commit an offence or an actionable wrong. According to this Section, only when this condition is satisfied in a given case, then only the question of utilizing the statement of an accused against the co-accused can be taken into consideration. Thus, as per Section 10, the following principles are agreed upon unanimously:- 1. There shall be prima facie evidence affording a reasonable ground for the Court to believe that two or more persons were .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

him, is the basic principle which underlines Section 10 of the Evidence Act. He says that the first condition for application of Section 10 is reasonable ground to believe that the conspirators have conspired together based on prima facie evidence. If this condition is fulfilled, anything said by any of the conspirators becomes substantive evidence for the purpose of corroboration if the statement is in reference to their common intention (This is much wider than its English counterpart which u .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

elevant against a person who entered or left the time frame during the existence of conspiracy. (c) Justice Wadhwa (para 663-665) Two conditions are to be followed:- firstly, reasonable ground to believe conspiracy, and secondly, conspiracy is to commit an offence or an actionable wrong. If both the conditions exist, then anything said or done can be used as a relevant fact against one another, to prove the existence of conspiracy and that the person was a part to it. 80) In the case on hand, th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tracted. On all the aforesaid charges, the appellant was found guilty by the Designated Court. The evidence in respect of A-1 is in the nature of the confessions made by the co-accused persons, the testimony of prosecution witnesses and documentary evidence on record. 81) The law on the issue emerges to the effect that conspiracy is an agreement between two or more persons to do an illegal act or an act which is not illegal by illegal means. The object behind the conspiracy is to achieve the ult .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ber of the conspiracy should know all the details of the conspiracy. Conspiracy is a continuing offence. Thus, if any act or omission which constitutes an offence is done in India or outside its territory, the conspirators continue to be the parties to the conspiracy. The conspiracy may be a general one and a smaller one which may develop in successive stages. It is an unlawful agreement and not its accomplishment, which is the gist/essence of the crime of conspiracy. In order to determine wheth .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dependent witness/evidence spoken to about the role of A-1 either being aware of the said meetings or being present in them or having any knowledge about what conspired in the said meetings. Though learned senior counsel has vehemently contended that A-1 was neither involved in arranging for landing of arms and ammunitions nor in conducting surveys and choosing targets nor in filling vehicles with RDX and arms nor in the meeting held at Al- Hussaini building, the specific instances as stated by .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

A-102, A-134 and Md. Dosa, (AA), middle of January, 1993 at Dubai attended by A-14 and Tiger Memon (AA) and Dawood Ibrahim (AA) leading to the landing of arms and ammunitions at Dighi Jetty and Shekhadi. These meetings formed the genesis of the conspiracy and it was at these meetings that meeting of minds occurred and knowledge was obtained by the co-conspirators and their intention was expressed to further the cause of the said conspiracy. Since we have elaborately discussed the constituents re .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

co-accused persons relied on by the prosecution. Before going into the acceptability or otherwise and merits of the claim made by both the parties relating to the confession of the accused and co-accused, it is useful to refer to the relevant provisions of the Code as well as TADA. 86) Section 164 of the Code speaks about recording of confession and statement which is as under:- 164. Recording of confessions and statements.-(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or n .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force. (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being, made voluntarily. (3) If at any t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. "I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A.B. Magistrate". (5) Any statement (other than a confession) made under sub .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the Code, particularly, recording of the same and procedures to be adopted, this very Bench in Rabindra Kumar Pal @ Dara Singh vs. Republic of India (2011) 2 SCC 490 after considering large number of judgments on the issue laid down the following principles: 64 (i) The provisions of Section 164 CrPC must be complied with not only in form, but in essence. (ii) Before proceeding to record the confessional statement, a searching enquiry must be made from the accused as to the custody from which he .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sure from the police in case he declines to make a confessional statement. (vi) A judicial confession not given voluntarily is unreliable, more so, when such a confession is retracted, the conviction cannot be based on such retracted judicial confession. (vii) Non-compliance with Section 164 CrPC goes to the root of the Magistrate's jurisdiction to record the confession and renders the confession unworthy of credence. (viii) During the time of reflection, the accused should be completely out .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

confessional statement before convicting the accused person on such a statement. [See also Kalawati & Anr. vs. State of H.P. AIR 1953 SC 131; Dagdu & Ors. vs. State of Maharashtra (1977) 3 SCC 68; Davendra Prasad Tiwari vs. State of U.P. (1978) 4 SCC 474; Shivappa vs. Stae of Karnataka (1995) 2 SCC 76; Nalini (supra) (1999) 5 SCC 253; State of Maharashtra vs. Damu (2000) 6 SCC 269; Bhagwan Singh & Ors. vs. State of M.P. (2003) 3 SCC 21; Gurjinder Singh vs. State of Punjab (2011) 3 S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o the provisions of this section, a confession made by a person before a police officer not lower in rank than a Superintendent of Police and recorded by such police officer in writing or on any mechanical device like cassettes, tapes or sound tracks from out of which sounds or images can be reproduced, shall be admissible in the trial of such person or [co- accused, abettor or conspirator] for an offence under this Act or rules made thereunder: provided that co-accused, abettor or conspirator i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

conspiractor] and the proviso in Section 15(1) above were added by way of an amendment on 22.05.1993. The amendments to TADA dated 22.05.1993 were not only in respect of Section 15(1) of TADA but also with respect to Section 21 of TADA (Presumption as to Offences under Section 3). The un-amended Section 21 is reproduced as under for ready reference: 21. Presumption as to offences under Section 3. - (1) In a prosecution for an offence under sub-section (1) of Section 3, if it is proved - (a) tha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

has been made by a co-accused that the accused had committed the offence; or (d) that the accused had made a confession of the offence to any person other than a police officer (deleted by Act 43 of 1993) The Designated Court shall presume, unless the contrary is proved, that the accused had committed such offence. (2) In a prosecution for an offence under sub-section 3 of Section 3, if it is proved that the accused rendered any financial assistance to a person accused of, or reasonably suspect .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

accused as against a co-accused to be substantive evidence against the latter, and in the absence of proof to the contrary, the Designated Court would have full power to base a conviction of the co-accused upon the confession made by another accused This Court further held: In view of the above discussions, we hold the confessions of the accused in the present case to be voluntarily and validly made and under Section 15 of TADA confession of an accused is admissible against a co-accused as a sub .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of Gujarat (2009) 7 SCC 254, this Court held that it is no more res integra that a confession recorded under Section 15 is a substantive piece of evidence against the accused and co-accused. However, in case of co-accused, as a rule of prudence, the court would look upon corroborative evidence as well. 91) In Jayawant Dattatray Suryarao vs. State of Mharashtra, (2001) 10 SCC 109, this Court considered in detail the evidentiary value and admissibility of a confessional statement recorded under Se .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n or co-accused, abettor or conspirator for an offence punishable under the Act or the Rules. The police officer before recording the confession has to observe the requirement of sub-section (2) of Section 15. Irregularities here and there would not make such confessional statement inadmissible in evidence. If the legislature in its wisdom has provided after considering the situation prevailing in the society that such confessional statement can be used as evidence, it would not be just, reasona .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d upon for connecting the co-accused with the crime. Minor irregularity would not vitiate its evidentiary value…….. 92) In Ravinder Singh @ Bittu vs. State of Maharashtra, (2002) 9 SCC 55, this Court, while considering the reliability of a confession recorded under Section 15 of TADA against the maker, as well as the co-accused, held that after State vs. Nalini, Kalpnath Rai vs. CBI does not reflect the correct position of law. It was observed: 13. In Kalpnath Rai v. State (through .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

onsidered in State through Supdt. of Police, CBI/SIT v. Nalini, a decision by a three-Judge Bench. It was held that the confession recorded under Section 15 of the TADA Act is to be considered as a substantive piece of evidence not only against the maker of it but also against its co-accused. In this view, the observations in Kalpnath Rai case do not represent the correct position of law. It was further held that: 17. It is thus well established that a voluntary and truthful confessional stateme .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

se of conviction and no further corroboration is necessary if it relates to the accused himself. 18. There can be no doubt that a free and voluntary confession deserves the highest credit. It is presumed to flow from the highest sense of guilt. Having examined the record, we are satisfied that the confession made by the appellant is voluntary and truthful and was recorded, as already noticed, by due observance of all the safeguards provided under Section 15 and the appellant could be convicted s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n read with Rule 15 of the Rules have been complied with and once that is done, it is for the accused to show and satisfy the court that the confession was not made voluntarily. The Court further held that the confession of an accused can be relied upon for the purpose of conviction and no further corroboration is necessary if it relates to the accused himself. However, as a matter of prudence the court may look for some corroboration if confession is to be used against a co-accused though that .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

een made voluntarily and truthfully then the said confession is sufficient to base a conviction on the maker of the confession. (ii) Whether such confession requires corroboration or not, is a matter for the court considering such confession on facts of each case. (iii) In regard to the use of such confession as against a co- accused, it has to be held that as a matter of caution, a general corroboration should be sought for but in cases where the court is satisfied that the probative value of s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

es to the conclusion that such corroboration should be on material facts also because of the facts of a particular case. The degree of corroboration so required is that which is necessary for a prudent man to believe in the existence of facts mentioned in the confessional statement. (v) The requirement of sub-rule (5) of Rule 15 of the TADA Rules which contemplates a confessional statement being sent to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate who, in turn, will have to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he appellant that the confession made by him cannot be treated as voluntary because the same had been retracted and observed: 9. … The police officer was empowered to record the confession and in law such a confession is made admissible under the provisions of the TADA Act. The mere fact that A-9 Musakhan @ Babakhan retracted subsequently is not a valid ground to reject the confession. The crucial question is whether at the time when the accused was giving the statement he was subjected t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ical device like cassettes, tapes or sound tracks from out of which sounds or images can be reproduced, then such confession is admissible in the trial of the maker as also the co-accused, abettor or conspirator not only for an offence under the Act but also for offence(s) under other enactments, provided that the co-accused, abettor or conspirator is charged and tried in the same case along with the accused and the court is satisfied that requirements of the Act and the Rules have been complied .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of Section 15 of the Act as interpreted by this Court in Gurprit Singh case, Nalini case, S.N. Dube case, Lal Singh case, Devender Pal Singh case and Jameel Ahmed case, we hold that the appellants are guilty of offence under Section 302 read with Section 120-B IPC and no independent corroboration is required for sustaining their conviction. 94) In Jameel Ahmed & Anr. vs. State of Rajasthan, (2003) 9 SCC 673 this Court held that Section 30 of the Evidence Act has no role to play in deciding t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

case together with the accused who makes the confession. Apart from the plain language of Section 15 which excludes the application of Section 30 of the Evidence Act, this Court has in many judgments in specific terms held that Section 30 of the Evidence Act has no role to play when the court considers the confession of an accused made under Section 15 of the TADA Act either in regard to himself or in regard to his co-accused. 95) In Ahmed Hussein Vali (supra), this Court, while relying upon Na .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ned with regard to his co-accused in this case, it is not vitiated because of the amendment and it is rightly used as a major evidence for the trial of his co-accused by the Designated Court. As this confessional statement was made complying with all the procedural essentials as provided for by the TADA Act and the Rules it can be a valid ground for the conviction when corroborated with the confessional statement of the other four accused, namely, A-1, A-2, A-3 and A-20 respectively which have b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ther than a police officer the legal presumption that the accused had committed such offence would arise. In the event of un-amended TADA as it stood prior to 22.05.1993 were to apply, there would be a presumption of guilt against the appellant pursuant to un-amended Section 21 since confession of other co-accused would implicate the appellant for the offence of conspiracy. The amendment of 1993 did not bring about any change as to the admissibility and applicability of the confession of the co- .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e said confessional statements were obtained pursuant to prolonged police custody of the said accused persons, therefore, the same cannot be said to be obtained voluntarily and further cannot be said to be free from taint and were wholly unreliable. Learned senior counsel has finally submitted that as the said confessional statements were recorded prior to the date of amendment of Section 15 of TADA, the same have to be tested against the touchstone of Section 30 of the Indian Evidence Act under .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ed person was admissible only against him. However, the amended Section 15 of TADA made the statement of an accused person admissible in evidence against a co-accused, an abettor and a conspirator. It was submitted by learned senior counsel that as the recording of statement of A-10 was completed on 20.04.1993, A-11 on 18.04.1993, A-46 on 23.04.1993, A-67 on 19.04.1993 and A-97 on 19.05.1993 i.e., before the date on which the said Section 15 of TADA was amended and in the absence of express inte .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ive in nature unless otherwise provided either expressly or by necessary implication. It was further submitted by learned senior counsel that a procedural amendment that imposes new duties or creates new disabilities or obligations in respect of transactions already accomplished cannot be said to be retrospective in nature. It was urged by learned senior counsel that as the said confessional statements were recorded prior to the amendment of TADA, i.e., on 22.05.1993 and the said amendment canno .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n State of Rajasthan vs. Ajit Singh (2008) 1 SCC 601, which held as under in paras 15 and 16. 15. It has accordingly been emphasised that the statement made by the accused could be used one against the other. Mr Sodhi has however pointed out that the decision in Jameel Ahmed case had been rendered without noticing that the words in Section 15(1) of the Act (which have been underlined above) that is or co-accused, abettor or conspirator had been inserted in the Act in 1993 and as such could not b .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

clear that the Division Bench in Navjot Sandhu case clearly repelled the contention raised by the State counsel that a confession made by an accused could be used as against a co- accused….. 100) Reliance was also placed on the decision of this Court in Ganesh Gogoi vs. State of Assam (2009) 7 SCC 404. Paragraph Nos. 21 and 24 are relevant which read as under: 21. It appears that in the instant case the charge which was framed by the court against the appellant was under Section 3(5) of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s not there in the charge and it has also not come in the evidence. Therefore, both the framing of charges against the appellant under Section 3(5) and his conviction under Section 3(2)(i) of the said Act are totally bad in law. 101) In State (NCT of Delhi) vs. Navjot Sandhu @ Afsan Guru (2005) 11 SCC 600, this Court held as under: 49…..It is, however, the contention of the learned Senior Counsel Shri Gopal Subramanium that Section 32(1) can be so construed as to include the admissibility .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ding to the learned Senior Counsel, the phrase shall be admissible in the trial of such person does not restrict the admissibility only against the maker of the confession. It extends to all those who are being tried jointly along with the maker of the confession provided they are also affected by the confession. The learned Senior Counsel highlights the crucial words in the trial of such person and argues that the confession would not merely be admissible against the maker but would be admissib .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ntly with the other accused. From that, does it follow that the confession made by one accused is equally admissible against others, in the absence of specific words? The answer, in our view, should be in the negative. On a plain reading of Section 32(1), the confession made by an accused before a police officer shall be admissible against the maker of the confession in the course of his trial. It may be a joint trial along with some other accused; but, we cannot stretch the language of the sect .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the co-accused within the net of admissibility on a par with the confession of the maker. An evidentiary rule of such importance and grave consequence to the accused could not have been conveyed in a deficient language. It seems to us that a conscious departure was made by the framers of POTA on a consideration of the pros and cons, by dropping the words co-accused , etc. These specific words consciously added to Section 15(1) by the 1993 Amendment of TADA so as to cover the confessions of th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

position that was obtained under TADA. We cannot countenance the contention that the words co-accused , etc. were added in Section 15(1) of TADA, ex majore cautela. 102) In Harjit Singh vs. State of Punjab (2011) 4 SCC 441, at para 14, it was held: 14…..However, the submission is not acceptable as it is a settled legal proposition that a penal provision providing for enhancing the sentence does not operate retrospectively. This amendment, in fact, provides for a procedure which may enhanc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

43, The Colonial Sugar Refining Co. Ltd. vs. Irving 1905 AC 369, In Re: Athlumney (1898) QB 547. 103) The issue of admissibility of confessions recorded under Section 15 of TADA prior to the amendment on 22.05.1993 has been dealt with in detail by the Designated Judge in paras 1-8 of Part 3 of the final judgment. The issue of admissibility against the co-accused of the confessions recorded prior to the amendment in Section 15 of TADA was considered by this Court in Nalini (supra) wherein this Co .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ion. It was further observed: 429. ….Confession of the accused is admissible with the same force in its application to the co-accused who is tried in the same case. It is primary evidence and not corroborative. 104) We are in entire agreement with the same. Accordingly, we hold that the confession of the co-accused, namely, A-10, A-11, A-46, A-67 and A-97 are admissible as primary and substantive evidence against the appellant (A-1) notwithstanding the amendment by Act 43 of 1993. 105) To .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

er for the court to consider on the basis of the facts of each case. (iii) With regard to the use of such confession as against a co-accused, it has to be held that as a matter of caution, a general corroboration should be sought for but in cases where the court is satisfied that the probative value of such confession is such that it does not require corroboration then it may base conviction on the basis of such confession of the co-accused without corroboration. But this is an exception to the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dent man to believe in the existence of facts mentioned in the confessional statement. (v) The requirement of sub-rule (5) of Rule 15 of the Rules which contemplates a confessional statement being sent to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate who, in turn, will have to send the same to the Designated Court is not mandatory and is only directory. However, the court considering the case of direct transmission of the confessional statement to the Designated Court should .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sed persons. i) Confessional statement of Asgar Yusuf Mukadam (A-10) Confessional statement of A-10 (Exh. Nos. 858 and 858A) was recorded by Mr. K.L. Bishnoi (PW-193), the then DCP which referred to A-1 as under: 1) A-1 is the younger brother of Tiger Memon. 2) When A-10 had telephoned at Tiger s residence, Yakub Memon (A-1) attended the call and asked him to come and meet him. On 10/11th February, at his residence, A-1 handed over 3 tickets for Dubai and 3 passports to A-10 asking him to pick u .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cted the confessing accused to collect ₹ 1 crore from Choksi for him which was done by the confessing accused with the help of co-accused Gani (A-11), Parvez (A-12), Mohd. Hussain, Salim and Anwar (AA). 4) On 17-18th February, Yakub Memon directed the accused to remain with Rafiq Madi (A-46). Next day the accused and Rafiq Madi picked up Irfan Chougule (Absconding) from Mahim and Shahnawaz and his companion from Bandra Reclamation and dropped them at the airport. 5) On return to Tiger s re .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

confessing accused to transfer ₹ 21 lakhs from Tiger s account to Irani s account which was duly got done by the deponent accused by instructing Choksi (A-97) on phone accordingly. ii) Confessional Statement of Abdul Gani Ismail Turk (A-11) Confessional statement of A-11 (Exh. Nos. 818 and 818A) was recorded by Mr. P.K. Jain (PW-189) which stated as under: 1) On 27/28th Jan, A-1 was present at Al-Hussaini building with co- accused Tiger, Anwar, (AA), Rafiq Madi (A-46), Imtiyaz (A-15), Parv .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the appellant as follows: 1) A-1 is the younger brother of Tiger Memon. 2) He used to drive Tiger s blue Maruti-800 for attending business activities. 3) On 8/9th February, he handed over ₹ 50,000/- to the Rafiq (A-46) which were made over to Altaf Passportwala by the latter. 4) On 10/11th February, he got the VIP suitcases taken out of the jeep in his garage through Anwar and he took the same to his house upstairs. 5) On 13th February, he got the jeep after repairs brought to Meharbux s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

irections, the accused dropped Irfan Chougule, Asgar and Shahnawaz at Airport for their departure to Dubai. 10) On 14th, he was given ₹ 4 lakhs by the accused after collecting the said amount from Choksi (A-97). iv) Confessional Statement of Altaf Ali Mustaq Ali Sayeed (A-67) Confessional statement of A-67 (Exh. Nos. 819 and 819A) was recorded which referred the appellant as under: 1) In the presence of Yakub Memon, Amjad (A-68) told Altaf that the goods belonging to Yakub are to be shifte .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g i.e., residence of Yakub Memon and his family members. 6) Earlier, Yakub Memon had asked Altaf Ali to keep the bags since he was giving so much business. When Altaf Ali told Yakub that he may be implicated, Yakub replied that he need not worry. v) Confessional Statement of Mulchand Sampatraj Shah @ Choksi (A-97) In his confessional statement, he narrated the role of A-1 as follows: It was emerged that Tiger Memon had a hawala account with him and in the said account, which was opened in Novemb .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ticle Nos. 247 and 247-A from a diary in a pouch (Art. 248) vide panchnama Exh. No. 373 which was found in the cupboard of Room No. 604, 6th Floor, Rajender Vihar, Guilder Lane, Grant Road, Bombay. The writings mentioned on the said two chits corroborate the figures given by A-97 in his confessional statement. The amounts deposited/withdrawn on the said two chits if seen in light of confessional statements of co-accused, i.e., A-10, A-26 and A-46 were the amounts deposited/withdrawn by accused T .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rrange the same from A-97. Tiger Memon further asked him to bring ₹ 5 lakhs from A-97 and to pay the same to Sharif Abdul Gafoor Parkar @ Dadabhai (A-17) on account of landing charges. Accordingly, A-10 alongwith Parvez Nazir Ahmed Shaikh (A-12) brought the money from A-97 and paid it to A-17 at his residence. From the above, it can safely be inferred that the account maintained with A-97 by Tiger Memon was being used for meeting the expenses incurred for achieving the objects of criminal .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

himself having not collected the money from A-97 but he was handling it through other conspirators. The said matter is further clear from the confession of A-10 which reveals that when A-1 told him to bring an amount of ₹ 1 crore from A-97, the manner in which the said amount was brought by A-10 by going to the house of A-97 along with A-11, A-12 and two more persons. The further materials in the confession of A-10 regarding the transaction of ₹ 25 lakhs and ₹ 10 lakhs effected .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

for the same. From the above, it is evident that A-67 agreed to book the tickets for Dubai at the instance of A-1 and for which A-46 used to bring the cash. Further, from a perusal of the confessional statement of A-46, it is clear that on 8/9th February, A-1 gave him ₹ 50,000/- for giving it to A-67 and he accordingly delivered the same to him. It has also come in the confession of A-46 that on 14/15 February, he, alongwith A-10 brought ₹ 4 lakhs from A-97 and gave the same to A-1. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

1 for Dubai. Asif Sultan Devji (PW-341) and Massey Fernandes (PW-311) have deposed about the booking of 12 tickets and 1 ticket respectively at the instance of A-67. A-67, in his 313 statement had admitted having booked the tickets for Dubai through the said witnesses. 112) Md. Usman Ahmed Jan Khan (PW-2), the approver, (about acceptability or reliability, we shall consider it in a separate heading) categorically stated that A-1, at the instance of Tiger Memon, handed over air-tickets to Javed .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r s account at the instance of A-1 by A-10. 113) The timing of these transfers, if seen in the context of activities being carried out contemporaneously, was transferred for meeting the expenses for achieving the objects of conspiracy, to meet the expenses incurred for ticketing of the co-conspirators and also to meet the expenses to be incurred during that period. As far as Tejarath International is concerned, it has come in the evidence of S.P. Udyawar (PW-441) that at the instance of A-1, in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Exh. 1192 shows booking of tickets for A-49, A-98, A-94, A-39 and A-14. Exh. 1192 is a statement of Tejarath International maintained by the firm of PW-441. The confessional statement of A-67 to the effect that in the second week of February, A-1 asked him to book tickets for Dubai, which he agreed to and he also admitted having booked 15-16 tickets for A-1 to Dubai in February 1993 and received money from A-46 for the same in the second week of February 1993 itself, the time when the co-accused .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ing 12 tickets for A-67 and the bills which were marked as under: Exh. 1246 - For booking Dubai on 11th February, 1993 for A-100, A-32, Javed Chikna and Mohd. Tainur Phansopkar. Exh. 1247 for 12th February, 1993, for Javed Dawood Tailor Exh. 1248 Emirates Flight for 17th February, for Yeda Yakub, Anwar Theba, Bashir Ahmed Khan, Nasir Dhakla (A-64), Gul Mohammed (A-77) and Abdul Ahmed. Exh. 1243 on 11.02.1993 Shahnawaz Abdul Kadar Qureshi (A-29) and Irfan Chougule. 114) A-10, in his confession ha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Officer (PW-205) stated that Javed Dawood Tailor left India by Emirates on 12.02.1993. Further, in the confessional statement of A-46 it has come that on 17.02.1993, A-1 called Anwar Theba (AA) and handed over 5 passports and 5 tickets. Anwar asked A-46 to drop him and others at the Airport for going to Dubai. Accordingly, he dropped Bashir, Gul Mohammed (A-77), Anwar Theba and Yeda Yakub. He also saw A-64 at the Airport and all five of them left for Dubai. Exh. 1248 shows the booking of these .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d with them. A-10 in his confession corroborates with A-46. Exh. 1243 shows the booking of A-29 and Irfan Chougule by Air India for going to Dubai. PW-197 stated that Irfan Chougule left by Air India on 18.02.1993. Passport of A-29 (Exh. 1731) shows his departure on 18.02.1993. From the above, it is clear that the tickets booked by A-67 at the behest of A-1 were for the co-accused persons mentioned above, who first went to Dubai and, subsequently, to Pakistan for weapons training as revealed in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

2 A-5, A-6, A-4 Exh. - 1423 A-7, A-3, A-1 March 1993 Exh. - 1424 Tiger Memon PW-441 had categorically stated that the tickets booked by him were collected by a person from Tejarath International sent by A-1. Besides this, Exh. 1192 shows booking of tickets for A-49, A-98, A-94, A-39 and A- 14 which is a statement of Tejarath International maintained by the firm of PW-441. From the evidence of PW-441, it is clear that A-1 was managing the affairs of Tejarath International and had booked tickets o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

gora (A-53) to Tiger Memon and was organizing tickets for Tiger since March 1992. He named Nitin K. More (PW- 310), who used to collect tickets on behalf of Tiger Memon. The prosecution has examined PW-310 and shows that it was A-1 who was booking tickets and would send his employee to collect the same from East West Travels. He is a convincing witness for the fact that A-1 s firm office was burnt in the riots and that he had started working from his residence at Al Hussaini Building. It is rele .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of A-67. Out of the total seven suitcases, A-67 delievered 5 suitcases to A-1 at Al- Hussaini Building. Thus, two suitcases remained in his possession. It has further been disclosed by A-67 that due to the involvement of A-1 in the matter, he kept the said suitcases at the residence of Mohammed Hanif (PW-282). 118) After the arrest of A-67, he made a disclosure under Section 27 of the Evidence Act and led the Police and Pancha (PW-37) to the residence of Mohammed Hanif from where the following a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as Article 45. c) The incharge of the store room of CID, Crime Branch, P.I. Pargunde has submitted the details of disposal in respect of remaining 20 defused hand grenades to the Court. The recovered articles were forwarded to the FSL and its report (Exh. 2439) proves the nature of article recovered. d) Out of 150 electronic detonators, one is marked Article 46 (one) to (three) and the remaining 149 were forwarded to the Bomb Detection and Disposal Squad (BDDS) for defusal. 119) It is clear from .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on the first occasion and one of the three bags received on the second occasion. Thus in all, there remained two bags with A-67 which were recovered by PW-506. These facts were stated by A-67 in his confessional statement which has since been exhibited and read in evidence as substantive evidence. Moreover, the confessional statement of A-67 corroborated the evidence of PW-37, PW-506 and PW-282. A- 46, in his confessional statement, also stated about the delivery of 3 suitcases to A-67 by A-1, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

mentioned that on 13.02.1993 he alongwith Anwar Theba (AA) went to the residence of Amjad Ali Meharbax (since discharged). Accordingly, both of them brought the said jeep to the Al-Hussaini Building and Anwar Theba went up and handed over the key of the jeep to A-1. On 14/15.02.1993, when A-46 was present at Al- Hussaini Building alongwith Anwar Theba (AA), A-1 called Anwar upstairs and after sometime Anwar came down alongwith three suitcases. He also brought the key of a jeep kept inside the ga .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

stand outside the garage and watch the movements of the people. He was apparently sent outside by A-1 so that he could not see the contents which were being filled in the suitcases. He was again sent by A-1 to see whether A-67 was available. Accordingly, he went to the office of A-67 and as A-67 was not present, he came back to Al- Hussaini. At that time, he saw A-67 keeping the said suitcases in his Maruti Van. In the light of the evidence on record, it is clear that A-1 was in possession of h .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Essa @ Anjum Abdul Razak Memon (Anjumbhai) (A-3), Yusufbhai (A-4) and Ayubbhai (AA). He also stated about taking his blue coloured Maruti car to a service station opposite to Paradise Talkies on 2-3 occasions. He also identified his signatures (Exh. Nos. 444 and 445) on the bills (Exh. Nos. 444A and 445A) respectively. These signatures were affected by him at the time of taking the car for servicing. The said witness did not fully support the prosecution and was declared hostile. 122) PW-630, wh .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ehicle for servicing was PW-87 as evident from his signatures on Exh. Nos. 444 and 445. Exh. Nos. 444A and 445A shows that A-1 was mentioned as the owner of Vehicle No. MP-09-H-0672. 123) It has been proved that the said Maruti Car of blue colour was planted at Bombay Stock Exchange which exploded at 03:30 hrs killing 84 persons, injuring 217 persons and causing loss to property worth rupees 5 crores. The number plate (Article 227) bearing No. MP-09-H-0672 was seized from the place of occurrence .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to blast the Bombay Stock Exchange Building. Ultimately, this car was used by Tiger Memon and A-1 for explosion. This is evident from the evidence of PWs 87 and 630. It also finds mention in the confessional statement of A-46 that A-1 was using a blue coloured Maruti Car. 124) From the above, the following conduct of the appellant (A-1) alongwith the co-conspirator family members may be relevant:- a) At the time of blast, they all were living together at Dubai. b) After the blasts, the Memons f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ts to anybody. e) In Pakistan, they had obtained Pakistani Passports and National Identity Cards in assumed names. f) They had acquired properties, started a business in the name and style of M/s Home Land Builders, acquired fictitious qualification certificates, driving licenses etc. to lead a comfortable life all of which will show that they have chosen a comfortable life in Pakistan after causing blasts in Bombay and were determined not to return to India in their original identity. g) They f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

oned by the Memons at the Al-Hussaini Building when they hurriedly left Bombay just before the blasts. Further, recovery from the walls/portions of the lift at the Al-Hussaini building of RDX remanants on 22.03.1993 establishes the case of the prosecution of the activities being carried out by the appellant and the co- conspirators at the said place. 125) Apart from the above confessional statements and evidence, nine Indian passports and seven Pakistani passports belonging to the members of Mem .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

3), Consulate General of India at Karachi further established that all the Pakistani Passports (13 in number) including the one seized from A-1 are passports issued genuinely by the Pakistan Government. On perusal of the entries in the passports seized from the appellant (A-1), the following facts emerge: a) Indian Passport No. M-307804 in respect of A-1 establishes that A-1 left Dubai on 17.03.1993 and there is no arrival stamp of any country available on the said passport. b) Pakistani Passpor .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

med and A-1 are the same persons. c) Pakistani Passport No. AA-763651 in respect of Aftab Ahmed Mohammed (A- 2) shows that the passport holder left Karachi on 16.04.1993 and reached Bangkok on 16.04.1993 itself. The said person left Bangkok on 27.04.1993. There is no arrival stamp of any country on the said passport. The said person again left Karachi on 17.06.1994 and entered Dubai on the same day. The said person left Dubai on 03.07.1994. Again, the said person left Karachi on 09.07.1994 and e .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on 17.06.1994 itself. Again, the said passport holder left Dubai on 25.08.1994 and reached India on 25.08.1994 itself. e) Indian Passport No. C-340734 in respect of Yusuf Abdul Razak Memon (A- 4) shows that the said person left Bombay on 11.03.1993 and reached Dubai on 11.03.1993. Further, he left Dubai on 17.03.1993. However, there is no arrival stamp of any country on the said passport. f) Pakistani Passport No. AA-763654 in respect of Imran Ahmed Mohammed reveals that the said passport holde .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

.08.1994 and re-entered Dubai on 11.08.1994. Again, the passport holder left Dubai on 25.08.1994 and arrived at New Delhi on 25.08.1994. From the Indian Passport of Yusuf Abdul Razak Memon and Pakistani passport in respect of Imran Ahmed Mohammed, it is clear that Imran Ahmed Mohammed and Yusuf Abdul Razak Memon are the same persons. g) Indian Passport No. C-013120 in respect of Abdul Razak Memon (A-5) (dead) shows that the said person left Dubai on 17.03.1994 and there is no arrival stamp of an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

i) Indian Passport No. C-013796 in respect of Hanifa Abdul Razak Memon (A- 6) shows that she left Dubai on 17.03.1993 and there is no arrival stamp of any country on the said passport. j) Pakistani Passport No. AA-763645 in respect of Zainab Ahmed Mohammed shows that she left Karachi on 25.07.1994 and reached Dubai on the same day itself. She again left Dubai on 10.08.1994 and re-entered Dubai on 11.08.1994. She again left Dubai on 25.08.1994 and entered India on 25.08.1994 itself. From the Indi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ssport. m) Indian Passport No. C-672378 in respect of Rubina Suleman Memon (A-8) shows that she left Dubai on 20.03.1993. There is no arrival stamp of any country available on the said passport. n) Pakistani Passport No. AA-763653 in respect of Mrs. Mehtab Aftab Ahmed shows that she left Karachi on 16.04.1993 and reached Bangkok on 16.04.1993. Again, she left Bangkok on 27.04.1993. There is no arrival stamp of any country on the said passport. o) Pakistani Passport No. AC-001087 in respect of Mr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hows a very deep involvement of A- 1 in the organization and conduct of serial bomb blasts in question. Retractions: 126) It has been contended by learned senior counsel that all the confessions relied upon have been retracted and therefore, they are not trustworthy and it would not be safe to place reliance on them. It is also contended that those statements had been obtained under threat and coercion and were not voluntary, as such, those confessional statements could not be taken to be worthy .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

BI, (2008) 15 SCC 49, considered several TADA cases where confession was recorded under Section 15 of TADA and later retracted. This Court was pleased to observe: If a person accused of committing an offence under the Act challenges his confession on the ground that it was not made voluntarily, then the initial burden is on the prosecution to prove that all requirements under Section 15 of the Act and Rule 15 of the Rules have been complied with. Once this is done, the burden shifts on the accus .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

aid down in Kartar Singh case because the same have not been incorporated in the Act and/ or the Rules. The court rejecting the contention that confession should not be relied upon further held in Paragraph 69 that: If the confessions of the appellants are scrutinized in the light of the above enumerated factors, it becomes clear that the allegations regarding coercion, threat, torture, etc. after more than one year of recording of confessions are an afterthought and products of ingenuity of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lants A-4 to A-8 and A-10 and we do not find any valid ground to discard the confessions of Appellants A-4 toA-8 and A-10. 128) This Court, in Jameel Ahmed vs. State of Rajasthan, (2003) 9 SCC 673 held that it happens very often, it is the common defence of a person making confessional statement to deny the same or retract from the same subsequently and to allege compulsion in making such statement. 129) In State of Maharashtra vs. Bharat Chaganlal Raghani, (2001) 9 SCC 1, this Court, while sett .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and circumstances of that case. 130) In Manjit Singh vs. CBI, (2011) 11 SCC 578, this Court, while considering the question whether retracted confessions of co-accused could be relied upon to convict the accused, held that the retracted statements can be used against the accused as well as the co-accused provided such statements were truthful and voluntary when made. In the said case, the two accused that made confessional statements, subsequently retracted from their statements. This Court obs .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

SC 131, it was said that the amount of credibility to be attached to a retracted confession would depend upon the facts and circumstances of each case. 132) In State of Tamil Nadu vs. Kutty AIR 2001 SC 2778, it was held: …..the twin test of a confession is to ascertain whether it was voluntary and true. Once those tests are found to be positive the next endeavour is to see whether there is any other reason which stands in the way of acting on it. Therefore, retracted confession may form l .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

bubhai Udesinh Parmar vs. State of Gujarat (2006) 12 SCC 268). 134) It is therefore clear that where the original confession was truthful and voluntary, the Court can rely upon such confession to convict the accused in spite of a subsequent retraction and its denial in statement under Section 313. Since we have elaborately discussed the contention with regard to retraction of statements, there is no need to refer to the same in respect of other appeals before us. Corroboration of Confession: 135 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

onfession stood corroborated by the testimony of a witness and, hence, there was no reason to believe that the confession was fabricated. This Court held that the allegation of the confession being fabricated was without any basis and the confession could be taken into account while recording conviction. 137) In S.N. Dube vs. N.B. Bhoir, (2000) 2 SCC 254, this Court in para 34 observed that the confessions of two accused being substantive evidence are sufficient for considering them and it also .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and strain because of misguided militants and cooperation of the militancy which was affecting the social security, peace and stability. Since the knowledge of the details of such conspiracies remains with the people directly involved in it and it is not easy to prove the involvement of all the conspirators, hence the confessional statements are reliable pieces of evidence. The Court in para 84 observed: 84. ….. Hence, in case of conspiracy and particularly such activities, better eviden .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ssessing evidence in such cases, this Court in Collector of Customs v. D. Bhoormall dealing with smuggling activities and the penalty proceedings under Section 167 of the Sea Customs Act, 1878 observed that many facts relating to illicit business remain in the special or peculiar knowledge of the person concerned in it and held thus: (SCC pp. 553-55, paras 30-32 and 37) 30. ... that the prosecution or the Department is not required to prove its case with mathematical precision to a demonstrable .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

al proof is not necessarily perfect proof; often it is nothing more than a prudent man's estimate as to the probabilities of the case. 31. The other cardinal principle having an important bearing on the incidence of burden of proof is that sufficiency and weight of the evidence is to be considered - to use the words of Lord Mansfied in Blatch v. Archar (1774) 1 Cowp 63: 98 ER 969 (Cowp at p. 65) according to the proof which it was in the power of one side to prove, and in the power of the ot .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

statements were found to have been made voluntarily, the test identification parade was not significant. It was further held that corroboration is not a rule of law but a rule of prudence. 140) In Devender Pal Singh vs. State of NCT of Delhi, (2002) 5 SCC 234, this Court was considering, among other things, whether the accused making the confessional statement can be convicted on the basis of the confession alone without any corroboration. It was held that once it is found that the confessional .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ive evidence can be taken into consideration. (See Baburao Bajirao Patil v. State of Maharashtra.) It can in some cases be inferred from the acts and conduct of the parties. (See Shivnarayan Laxminarayan Joshi v. State of Maharashtra) 54. If a case is proved perfectly, it is argued that it is artificial; if a case has some flaws, inevitable because human beings are prone to err, it is argued that it is too imperfect. One wonders whether in the meticulous hypersensitivity to eliminate a rare inno .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

quoted in State of U.P. v. Anil Singh, SCC p. 692, para 17.) 55. When considered in the aforesaid background, the plea that acquittal of the co-accused has rendered the prosecution version brittle, has no substance. Acquittal of the co-accused was on the ground of non-corroboration. That principle as indicated above has no application to the accused himself. 141) In Ravinder Singh vs. State of Maharashtra, (2002) 9 SCC 55 this Court held that a confession does not require any corroboration if it .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ppeals, we find: (i) If the confessional statement is properly recorded, satisfying the mandatory provision of Section 15 of the TADA Act and the Rules made thereunder, and if the same is found by the court as having been made voluntarily and truthfully then the said confession is sufficient to base a conviction on the maker of the confession. (ii) Whether such confession requires corroboration or not, is a matter for the court considering such confession on facts of each case. (iii) In regard t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o-accused. (iv) The nature of corroboration required both in regard to the use of confession against the maker as also in regard to the use of the same against a co-accused is of a general nature, unless the court comes to the conclusion that such corroboration should be on material facts also because of the facts of a particular case. The degree of corroboration so required is that which is necessary for a prudent man to believe in the existence of facts mentioned in the confessional statement. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

fessional statement in the facts of the case creates any doubt as to the genuineness of the said confessional statement. 143) In Nazir Khan vs. State of Delhi, (2003) 8 SCC 461, this court held that the confessional statements made by co-accused can be used to convict a person, and that it is only as a rule of prudence that the Court should look for corroboration elsewhere. It was held that: 27. Applying the principles which can be culled out from the principles set out above to the factual scen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

shows his deep involvement in the meticulous planning done by Umar Sheikh. He organized all the activities for making arrangements for the accused and other terrorists. 144) In Sukhwant Singh vs. State, (2003) 8 SCC 90, this Court upheld the conviction solely on the basis of the confession of the co-accused, without any corroboration, that too in a situation where the accused himself had not confessed. The judgment in the case of Jameel Ahmed (supra) was relied upon. It was held: 3. In the pres .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sion. Therefore the fact that the appellant herein has not confessed or the confessional statements made implicating him by A-1 and A-2 are not independently corroborated, will not be a ground to reject the evidence produced by the prosecution in the form of confessional statement of co-accused provided the confession relied against the appellant is acceptable to the court. 145) In Mohmed Amin vs. Central Bureau of Investigation, (2008) 15 SCC 49, this Court convicted the accused on the basis of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ned in writing or on any mechanical device like cassettes, tapes or sound tracks from out of which sounds or images can be reproduced, then such confession is admissible in the trial of the maker as also the co-accused, abettor or conspirator not only for an offence under the Act but also for offence(s) under other enactments, provided that the co-accused, abettor or conspirator is charged and tried in the same case along with the accused and the court is satisfied that requirements of the Act a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

delines in Kartar Singh, have not been strictly followed, the confession of the accused recorded is admissible against him and can be relied upon solely to convict him. The following observations of this Court are pertinent: 59. It would, therefore, be clear, as rightly contended by Shri Rawal that merely because the guidelines in Kartar Singh v. State of Punjab were not fully followed, that by itself does not wipe out the confession recorded. We have already given our reasons for holding that t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e as a substantive piece of evidence. It was further observed that the said confession need not be tested for the contradictions to be found in the confession of the co-accused. It is for that reason that even if the other oral evidence goes counter to the statements made in the confession, one's confession can be found to be voluntary and reliable and it can become the basis of the conviction. 61. In this case, there is ample corroboration to the confession in the oral evidence as well as t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ee of coercion, threat or inducement and whether sufficient caution is taken by the police officer who recorded the confession. Once the confession passes that test, it can become the basis of the conviction. We are completely convinced that the confession in this case was free from all the aforementioned defects and was voluntary. 147) In view of the above, it can easily be inferred that with regard to the use of such confession as against a co-accused, as a matter of caution, a general corrobo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nalyse the entire evidence of PW-2 not only implicating A-1 but also other accused in respect of the incident that took place on 12.03.1993. PW-2, who turned approver, is a native of District Rampur, U.P. However, according to him, he is residing at Bombay for the last 28 years. He was working as an Estate Agent and Property Dealer. He was arrested on 10.05.1993 by the Bombay Police in connection with the Bomb Blasts Case. He was arrested on the allegations that he was involved in the conspiracy .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Mushtaq @ Ibrahim Abudal Razak Memon known as Tiger Memon and Yakub Adbul Razak Memon as Yakub (A1). While identifying the accused concerned in the Court, PW-2 identified him in the fourth batch consisting of eight persons. He further stated that all the accused persons whom he identified before the Court have worked with him and admitted that they were together in the bomb blasts. It was further stated that all the persons including A-1 were involved in planning, conspiracy, training, landing .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ted all of them to help him in this regard. When this meeting was going on, two persons, namely, Yeda Yakub and Shahid also joined them in the meeting. Tiger Memon also told them that he has arranged for arms and explosives from Pakistan which are coming on that day and he also warned them that if any person betrays him, he will finish him and his family. 149) He further deposed that on the same day, at about 4 p.m., all of them left for Shekhadi Coast in two Commander Jeeps. In one Jeep he was .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

-56 rifles. Tiger Memon distributed AK-56 rifles to Javed and Anwar and others including PW-2 were given handgrenades and pistols. PW-2 was also given a pistol. All the goods were loaded in a truck which was parked there. Tiger asked them to proceed towards Waghani Tower. When they reached Waghani Tower, PW-2 noticed that 2/3 jeeps and a Maruti Car were parked there. He along with others unloaded the goods from the truck and brought them to the central room of Waghani Tower. On Tiger s instructi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n 11.02.1993, Javed Chikna came to his residence and asked for his passport telling him that Tigerbhai has called for it. PW-2 handed over his passport to Javed Chikna. PW-2 informed the Court that he had obtained the passport in January, 1987 and his passport No. is B-751254. At about 1 p.m., he received a call from Javed Chikna informing him to come prepared for going to Dubai and to meet him at the Hindustan Soda Factory, Mahim. At about 4 p.m., he met Javed Chikna at the said place and from .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s went to the airport to go to Dubai. He reached Dubai at 10.30 p.m. At Dubai Airport, Ayub Memon (AA) had come to receive them. Ayub Memon is the brother of Tiger Memon. This was on 11.02.1993. He also informed the Court that on 13.02.1993, Tiger Memon and Ayub Memon met them at the Dubai Airport. Tiger Memon gave seven air tickets of Pakistan International Airlines and their passports to Javed Chikna. Tiger Memon informed all of them that they need not worry about their journey to Pakistan. He .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ere taken to a bunglow. On reaching the bungalow, Jafar Saheb collected their passports and air tickets and each one of them was given a fake name. He was named Nasir . Likewise, names of others were also changed. Jafar Saheb instructed them that during their stay in Pakistan they should call each other by these new names. They stayed in the bungalow for two days i.e. 14th and 15th. Then on 16th, Jafar Saheb took all of them to a different place and introduced them to two persons and informed th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

heba (AA-8), Irfan Chougule (AA-12), Shahnawaz (A-29), Abdul Akhtar (A-36), Mohmed Rafiq (A-94), Gullu (A-77) and Bashir Khan (AA-15). These persons also joined them for training. According to PW-2, in all, there were 19 persons taking training at the relevant time. On the next day, Tiger Memon along with one Ahmed Sahab arrived at the training camp and stayed there. In training, they were taught how to operate AK-56 rifles, pistols, hand grenades and the use of RDX for preparing bombs. They wer .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

eft Islamabad by a PIA flight and reached Dubai at about 1.30 to 2 p.m. On reaching Dubai, Tiger took all of them to a bungalow situated at Al- Rashidia. After finishing their meals, they discussed the communal riots in Bombay and Surat where Muslims had suffered. Thereafter, Tiger directed Irfan Chougule (AA-12) to bring the holy Quran from the other room. Tiger administered oath to all of them by placing their hands on the holy Quran that they will not disclose anything about the training in D .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in his own handwriting and he himself signed it. At the airport, he noted that one Ambassador Car and one Maruti Car had come to receive them. He further stated that Tiger Memon and Javed Chikna sat in the Maruti Car which was driven away by Tiger Memon. He along with Bashir Khan sat in the Ambassador Car in which Yakub Memon (A-1) and one more person was sitting. After reaching Mahim from there, he went to his house at 5 p.m. 152) The critical analysis of the evidence of PW-2 makes it clear th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sons from Pakistan to Bombay, payments to various persons who underwent training which clearly prove the involvement of A-1 in the conspiracy as well as in subsequent events and actions along with his brother and other accused. 153) On the very same day, i.e, on 04.03.1993, all of them met at the Taj Mahal Hotel. In the hotel, they went to the Coffee shop, Shamiana. This was around 10.30 to 10.45 p.m. Tiger Memon, after discussion with one Farooqbhai took them towards the Share Market building i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

stating that whatever they will do, they will do for Islam and would take revenge for the demolition of the Babri Masjid and communal riots. 154) In respect of a question relating to the purpose of the survey, he answered that the purpose was to shoot down the Municipal Councillors of BJP and Shiv Sena parties with AK-56 rifles by indiscriminately firing upon them. After conducting the survey, they went to meet Tiger Memon and briefed him and after that left for their house. He explained that t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

was to survey the Sena Bhavan and Sahar Airport. According to him, as directed by Tiger, after completion of the work, he and others briefed Tiger. 155) On 08.03.1993, a fourth meeting was held at Babloo s (AA-18) place between 10 and 10.30 p.m. This meeting was held at a flat on the terrace portion. After calling them, including PW-2 inside the flat, Tiger Memon selected the targets. These targets include Air India Building, Nariman Point, Bharat Petroleum Refinery, Chembur, Share Market near .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hem the entry and exit points of the said Building for the purpose of attacking BJP and Shiv Sena Councillors with AK-56 rifles. After this, they came back to Mahim and left for their residence. 156) According to PW-2, another meeting was held on 10.03.1993 at the Hindustan Soda Factory, Mahim in the evening. There he met Javed Chikna. At that time, Javed Chikna informed him that in the evening around 8 p.m. there is a meeting at Shakil s place at Bandra and directed him to attend the said meeti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Factory, Mahim at 8 p.m. At 9.30 p.m., they received a phone call from Tiger Memon who directed all of them to reach the Al- Hussaini building immediately. Pursuant to the said direction, all of them including PW-2 went to the fifth floor of the said building, i.e, to Tiger s flat and he noticed several persons interacting with Tiger. Tiger called him to his bedroom. There, once again, he explained the survey of the Chembur Refinery and informed him that there is very tight security, hence, it w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r also gave pencils to various persons and instructed Javed Chikna and Anwar Theba to pay ₹ 5,000/- to each one of them and also directed that they have to act and work according to the directions of Javed Chikna and Anwar Theba. 158) He further informed the Court that Tiger Memon conveyed to them that after the blasts in Bombay, there will be communal riots, so all of them should leave Bombay and they can contact him over the telephone. He gave his telephone No. of Dubai as 27 27 28. Ther .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

was he who drove the maruti car to Shiv Sena Bhavan. He further informed that one Hawaldar (Constable) was sitting there who was not allowing us to park the car but with great difficulty he parked the maruti car near the wall by the side of the service station within the campus of petrol pump. The said petrol pump was Lucky Petrol Pump and it has a common boundry wall with Shiv Sena Bhavan. 159) He also explained that after reaching the Al-Hussaini Building, he went to the fifth floor in Tiger .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

several blasts took place at various places in Bombay. He contacted Tiger Memon and apprised him of the same and as directed left Bombay immediately and reached Calcutta. From there also, he contacted Tiger but he could not speak to him. He reached Delhi by train and went back to his village at Rampur, U.P. He was arrested on 10.05.1993 and on the same day, he was brought to Bombay. About his statement to DCP Bishnoi, he deposed before the Court on 25.06.1993 that the DCP has correctly recorded .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rdon if he will tell the truth before the Court. On his statement, he was produced before the Chief Metropolitan Magistrate. The CMM asked him about his involvement in the Bombay blasts which took place on 12.03.1993. He stated before the CMM about his involvement in the conspiracy and planting of bombs and expressed that he is repenting for what he had done. When the CMM asked him whether he will state the same in the Court, PW-2 answered in the affirmative, i.e., Yes. At this, the CMM offered .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sel, in his cross-examination, he admitted that he was involved in the case from the stage of conspiracy till planting of bombs and is responsible for the explosions. He also admitted that he participated in all the stages of conspiracy till the achievement of the object. He admitted that the blasts that took place on 12.03.1993 were very heinous and a serious crime. 162) When he was produced before the DCP, namely, Shri K.L. Bishnoi (PW- 193) on 25.06.1993, in categorical terms, he explained th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ain variations/omissions, if we consider the entire statement both in the examination-in-chief and his explanation in the cross examination, we are of the view that those omissions do not materially affect his statement. In fact, he has admitted that he narrated the whole story to Mr. Bishnoi and he recorded whatever was told to him. However, he admitted that certain statements have been incorrectly recorded in Exh. 25A. 164) In cross-examination, he reiterated what he had stated in the examinat .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ry at Mahim was a den for all sorts of anti-social activities which was owned by the brother-in-law of accused Hanif Kandawala. In the meeting, he agreed to participate in the conspiracy because Tiger aroused his religious feelings mentioning about communal riots and demolition of the Babri Masjid. He admitted that on 12.03.1993, he left the Al-Hussaini building in a Maruti Van bearing No. MFC 1972 in order to attack the Bombay Municipal Corporation building which was the target entrusted to him .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

him, he read the Order Exh. 27. The order was directed to be produced before the Metropolitan Magistrate, 13th Court, Dadar for recording a statement under Section 164. In para 215 of the cross-examination, in categorical terms, he admitted my statement Exh. 25A is correctly recorded except small mistakes and so what I deposed before the Court in my examination-in-chief and recorded on Page 138 in para 88 to the effect that my statement recorded on 28.06.1993 and 29.06.1993 is correctly recorded .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d his anxiety to join the company of other accused. He also denied the allegation that while he was in police custody, the police obtained his signature on blank sheets. 167) With regard to the Al-Hussaini Building, he stated that there were certain open and closed garages. He described that the Al-Hussaini building is a multistoried building and Mahim Police Station is situated at a walking distance of one minute from the said Building. In para-243 of his statement, in categorical terms, he adm .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in B.M.C. Building at V.T. 168) Regarding weapons training, he mentioned in para 244 that It is correct to say that for the first time in my life, I was given weapon training in handling and operation of AK-56 rifles, 9 mm pistols, handgrenades and RDX explosives during the period 17.02.1993 to 27.02.1993. Before this, I have never operated any fire arm. It is true that I was given a loaded Pistol at Shekhadi Coast on the night of 02.02.1993 with clear instructions to attack any outsider who com .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d have been precarious. Regarding landing of ammunitions and explosives, he admitted that arms and ammunitions and explosives were landed at Shekhadi in the intervening night between 02.02.1993 and 03.02.1993 and this consignment was carried out as per the instructions of Tiger Memon. 170) Regarding filling of RDX and other ammunition, he stated that the work of filling RDX in the motor vehicles started after half an hour of Tiger Memon s departure. According to him, there were about 10-12 motor .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n Pakistan to prepare motor vehicle bombs. 171) In para 322, he asserted that in his statement before P.I. Pharande, DCP Bishnoi and P.I. Chavan, he had stated the truth and made full and true disclosure of all the facts within his knowledge. In his statement before these officers, he reiterated that he had stated all the relevant and important events within his knowledge. He also admitted that he was motivated to participate in this heinous crime by Tiger Memon by arousing his sentiments by adm .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hat In my statement before P.I.Chavan I have stated that Yakub Memon, with one more person had come to receive us at the Sahar Airport on our return from Dubai as stated by me before the Court which is recorded on Page: 108 Para 60. Similarly, I also stated that I along with Bashir Khan sat in the Ambassador Car in which Yakub Memon and one more person were there, as stated by me before the Court, but, it is not recorded in my statement before P.I.Chavan, I can not assign any reason why it is no .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

re he came out of the office of the DCP. After his signature, DCP Bishnoi checked up his signature on all the pages and, thereafter, he also signed the same. 174) About his willingness to confess his guilt before the Court, let us consider whether all the required formalities and procedures have been complied with by the concerned investigating officer and the court concerned. The Chief Investigating Officer, Bomb Blast Case, in his letter dated 28.09.1993, addressed to the Chief Metropolitan Ma .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

atched between the accused persons in Dubai and in pursuance of the said conspiracy, some of the accused persons involved in the blasts were sent to Pakistan for training in handling RDX explosives, firearms, grenades etc. It further transpired during investigation that the said conspiracy was hatched in order to strike terror in people as well as to affect adversely the harmony between Hindus and Muslims and also to wage war against the Central and the State Government. In the said letter, it w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

w the bomb blasts took place. The officer has further stated that the said accused (PW-2) has voluntarily expressed his desire to confess before the Court out of repentance. Accordingly, he suggested that instead of his mere confession, his evidence before the Court as a prosecution witness would help the prosecution to a great extent in collecting evidence against such other offenders. He also noted that inasmuch as the accused is repenting very much and is prepared to run the risk of giving a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

h RDX and planting of the same at important places in Bombay on 12.03.1993 and other acts incidental thereto are concerned. With these particulars and details, the Chief Investigating Officer prayed before the Court or such other Metropolitan Magistrate that he may kindly be directed to record his statement under Section 164 of the Code. 175) The said application of the Chief Investigating Officer, Bombay Bomb Blast case on 28.09.1993 was submitted to the Court through Special Public Prosecutor .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ences within his personal knowledge. Thereafter, after fulfilling all the formalities, the said accused was first questioned by the Chief Metropolitan Magistrate, Bombay at 4.15 p.m. The accused stated that he is aware that he is before the Court of Chief Metropolitan Magistrate of Bombay. Thereafter, the Chief Metropolitan Magistrate showed the accused his handwritten application dated 20.09.1993 addressed by him from Bombay Central Prison to Shri M.N.Singh, Joint Commissioner of Police, Bombay .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e things in full detail, he is being produced before him. The Chief Metropolitan Magistrate further noted that he was prepared to make all the disclosures in detail. The accused also replied that he is ready and willing to stand as a witness for prosecution and would make all these disclosures if pardon is granted to him. The Chief Metropolitan Magistrate has also recorded that on going through the replies given by the accused to several queries, he was satisfied that the accused is ready and wi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ef Investigating Officer in his application were true and correct. After recording the same, on 28.09.1993 itself, he passed an order in view of powers conferred on him under Section 306 of the Code and tendered pardon to the accused-Mohammed Usman Jan Khan (PW-2) on the condition of his making full and true disclosure of all the circumstances within his knowledge relating to the blasts which occurred on 12.03.1993 and also in respect of the offence of conspiracy and such other offences connecte .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

vestigating Officer. The above mentioned letter of the Chief Investigating Officer dated 28.09.1993 and the consequential order passed by the Chief Metropolitan Magistrate dated 28.09.1993 giving pardon and recording his statement satisfy the procedure prescribed and there is no flaw with regard to the grant of pardon and the recording of his statement thereafter. 176) A perusal of the entire evidence of PW-2 clearly show that at no point of time he acted under pressure to become an approver. It .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ment before the Designated Court are not borne out of fear but due to his conscience and repentence. We are also satisfied that his statement is believable and merely because at one or two places, he made certain comments on the omission/addition in the statement recorded by the Chief Investigating Officer, it does not materially affect the statement. On the whole, his testimony is reliable and acceptable and the Designated Court rightly relied on his entire statement in support of the prosecuti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Asgar Mukadam (A- 10) were also present at the flat of Tiger Memon where the appellant handed over air tickets to Duabi. Further, the fact that three air tickets were given by the appellant to Javed Chikna instead of six has been expressely denied by PW-2. (iii) These six air tickets were actually used by the accused persons to undergo training in Pakistan where they went via Dubai. The appellant was thus instrumental in achieving the ultimate object of conspiracy by arranging for and handing o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

corroborated by A-10 in his confessional statement. If this evidence is considered along with the fact that these tickets were arranged by the appellant (A-1) and he was present in the meeting of the co-conspirators, i.e., in the meeting of Tiger Memon, PW-2, Javed Chikna and A-10, it very clearly establishes his unity with the object of the conspiracy. 179) The prosecution has established by evidence that arranging the tickets to Dubai was one of the responsibilities of A-1. It is very clear t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

et with the co-conspirators in the presence of A-1. The fact that the co- conspirators were called for the meeting in the presence of A-1 and were being given instructions by Tiger Memon about the conspiracy in his presence clearly establish the active participation of A-1 in the conspiracy. 180) It has further come in evidence that when PW-2 returned from Dubai along with Tiger Memon and other co-conspirators, A-1 was present with the car at the airport and returned to Mahim along with other co .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

133 read with Section 114 Illus (b) of the Evidence Act this Court has held that the evidence of an approver needs to be corroborated in material particulars. The evidence of the approver has been corroborated in material particulars by way of primary evidence by the prosecution. The following table may summarise the corroboration provided by various materials and evidence on record: |Sr. | Deposition of PW-2 | Corroborating Evidence | |No. | | | |1 |Stay of co-accused and |Entries in the Big S .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o-accused A-64, A-16, A-100, | | |IInd landing -Stay at |A-24, A-58, A-14, A-17 and A-11. | | |Persian Darbar | | | |Hotel-During |Art.-1. Entries in Hotel Register by name M.V. | | |transportation -visit |Khan. Exh. 20. | | |of 2 Customs Officer. |(A-14), A-82 and A-113. | |3 |Handing over of Tickets|PWs-311, 341, 420 | | |by A-1 |Confession of A-46, A-67 and A-10. | |4 |Departure to Dubai and |Exh. 21-A - Embarkation Card (Emirates) | | |from Dubai to Pakistan |Confession of A-100, A-52, A-16 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

2487 - Tigers presence at Dubai. | | |at Dubai by Tiger Memon|Exh. 2490 - Ayub s Passport. | | | |Confesion of co-accused A-64, A32, A-36, A-39, | | | |A-49, A-98, A-52 and A-16. | |9 |Arrival in India |Disembarkation Card-Exh. 22 - Emirates and | | | |other Disembarkation Card and Immigration | | | |Officer. | |10 |Meeting at Taj Hotel |Confession of co-accused A-44 | |11 |Meeting at the |Confession of co-accused A-32, A-52, A-49, | | |residence of accused |A-13, A-64 and A-100. | | |Mobina on .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

co-accused A-64, 13, 52, 100, 49 | | |residence of Tiger |and A-29. | | |Memon Distribution of | | | |Money | | |18 |Departure of Tiger |Exh. 2487-Tiger s Passport. | | |Memon |Confession of co-accused A-10 and A-9. | |19 |Filing of RDX | Confession of co-accused A-57, 12, 39, 49, 64,| | | |23 and A-43. | |20 |Planting at Shiv Sena |Confession of A-16, PW-11 and 12 identified | | |Bhawan |Pw-2 and A-16. | | | |PW-469-SEM, TI Parade. | | | |Letter to FSL 2447, 2469. | | | |FSL opinion 2447A, 244 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

-1) that the statement of approver dated 25.06.1993 given to DCP Bishnoi-(PW-193) was subsequently retracted in terms of a letter dated 10.12.1993 and, accordingly, should not be relied upon. The said statement has not been pressed into service by the prosecution during the course of trial against any accused person including the appellant. PW-2 has himself explained the episode leading to the drafting of the said retraction and stated that the said statement was drafted at the instance of one H .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the instance of Hanif and Samir at the time I was made to write my retraction by them. The letter is marked as Exh. D-1. This letter D-1 was got prepared as a rough note on the basis of which my retraction was finalized on 10.12.1993. The application dated 10.12.1993 retraction is marked as D-2. At the time in my examination in chief on 21.07.1995 whebn I stated before the court that Exh. D-2 was obtained from me by Hanif Kadawala and Samir Hingora I did not mention that there was another letter .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

asth. At this stage witness complains to the Court that his family members are receiving repeated threats and on Saturday i.e. 29.07.1995 in his jail mulaquat he was informed that the family is receiving threats he suspects the threats are coming from Samir Hingora and Hanif Kadawala. The witness wants the court to take necessary action. Para 143 …It is not correct to say that no threats have been received by my family members and tht I am mentioning this in the Court falsely. In my state .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

them. Para 91 ….I sign in Hindi and English as per my choice. I can read write and understand English. …..It is true that his application was written by me and is signed by me and it was forwarded to the court. This application is written in my hand. This application was not presented by me but it was presented by hanif Kadawala and Samir Hingora. This application was obtained from me against my wish. I did not complain of this to the court at any time till today. I did not compla .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the circle. In my Retraction Exhibit D-2 there is no reference of Samir Hingora nad Hanif kadawala…… Ans: I did not tell the court because I was kept with the accused persons and was under their influence and pressure . Para 234… It will be correct to say that Hanif Kadawala, Samir Hingora and Abdul Hamid Birya these three accused persons had filed an application before this court on affidavit that I am demanding monies from them. I do not know what were the contents of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

if they do not give me money I will falsely implicate them. It is not true that for these reasons the accused Hanif kadawala and Samir Hingora filed an application on oath before this court on 1.10.1993. It is not correct to say that similarly I have been demanding monies from other accused persons otherwise I threatened them of falsely implicating them in the case. It is not correct to say that at the instance of police I was pressurizing the accused persons to turn approver like me…&he .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ons open. It is not correct to state that after making an half hearted attempt of becoming an approver I again started demanding money from the accused to decide on the names of involvement and non-involvement in my evidence. It is not correct to state that immediately, prior to my evidence in the court and during my evidence being recorded & I coerced or induced the accused persons at the instance of police to turn approver in the case like me and failed. It is not correct to state that my .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d understood by me and I willingly signed it in the presence of jailor for dispatch to this court. Para 237…. It is correct to state that the co-accused facing trial in this case were unhappy on my becoming an approver. It is not correct to say that in order to convince the accused persons that in reality I have not become an approver and I have mislead the police by writing exhibit 26 in which I have deliberately made three important mistakes and that the accused should be rest assured t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e that letter Exhibit D-1 is not a preparatory note. Para 243…. It is not true to say that my confession Exhibit 25-A is involuntary and my retraction Exhibit D-2 is voluntary. It is not true to say that my letter Exhibit D-1 is true expression of events written by me in the said letter on my own accord and independent of any external influence. It is not true to say that it is not possible for any co-accused to repeatedly give threats to other accused and extract any writings spread over .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

early stated that the appellant (A-1) gave six air tickets for Dubai to Javed Chikna (AA) on 11.02.1993, on the instructions of Tiger Memon. This statement has been clarified by PW-2 in his cross-examination where he confirms that It did not happen that Tiger Memon told Yakub Memon to give six air tickets to Asgar and Yakub Memon gave six air tickets to Asgar. The air tickets were given to Javed Chikna by Yakub Memon as told by Tiger Memon… It is wrongly recorded in my statement Exhibit 2 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

In the light of the above discussion, we hold that the evidence of PW- 2 very clearly implicates the appellant (A-1) in respect of his involvement in the conspiracy. Grant of Pardon under Section 306 of the Code to Mohammed Usman Ahmed Zan Khan/(PW-2)/Approver 185) It was submitted by learned senior counsel for A-1 that TADA is a complete Code containing provisions for setting up of Designated Courts, conduct of trials, awarding of punishment etc. The said Act does not contain any provision for .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

olitan Magistrate, and as such, the said pardon is ultra vires the scheme of TADA and the evidence of the said persons cannot be relied upon against the appellant. 186) In reply to the above contention, learned senior counsel for the CBI placed reliance on a three-Judge Bench decision of this Court in Harshad S. Mehta & Ors. vs. State of Maharashtra (2001) 8 SCC 257 wherein an identical objection was raised, namely, in the absence of specific provisions for grant of pardon, the Special Court .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Section 308 provides for the consequences of not complying with the conditions of pardon by a person who has accepted tender of pardon made under Section 306 or Section 307. The relevant provisions of the Code read as under: 306. Tender of pardon to accomplice.-(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any sta .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ble exclusively by the Court of Session or by the Court of a Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952). (b) Any offence punishable with imprisonment, which may extend to seven years or with a more severe sentence. (3) Every Magistrate who tenders a pardon under sub-section (1) shall record- (a) His reasons for so doing; (b) Whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ognizance of the offence shall, without making any further inquiry in the case. (a) Commit it for trial- (i) To the Court of Session if the offence is triable exclusively by that court or if the Magistrate taking cognizance is the Chief Judicial Magistrate; (ii) To a court of Special Judge appointed under the Criminal Law Amendment Act 1952 (46 of 1952), if the offence is triable exclusively by that court; (b) In any other case, make over the case to the Chief Judicial Magistrate who shall try t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

er of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion such person has, either the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: Provided that such person shall not be tried jointly with any of the other accused: Prov .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

has complied with the condition upon which such tender was made, in which case it shall be for the prosecution to prove that the condition has not been complied with. (4) At such trial the court shall- (a) If it is a Court of Session, before the charge is read out and explained to the accused; (b) If it is the court of a Magistrate before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ting to the above mentioned provisions of the Code and in the absence of any specific exclusion or bar for the application for grant of pardon by Special Courts in the Code, in Harshad S. Mehta (supra), this Court has concluded but it does not necessarily follow therefrom that the power to tender pardon under Sections 306 and 307 has not been conferred on the Special Court . In para 22, the Court has held as under: 22. The Special Court may not be a criminal court as postulated by Section 6 of t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ifically denied, it has to function as a court of original criminal jurisdiction not being hidebound by the terminological status description of Magistrates or a Court of Session. Under the Code, it will enjoy all powers which a court of original criminal jurisdiction enjoys save and except the ones specifically denied. 187) Posing these questions, the Bench analysed to see whether power to grant pardon has been specifically denied to the Special Court established under the Act. The contention o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

y necessary implication, is what we have to determine. The following conclusions are also relevant: 51. The Code has been incorporated in the Act by application of the doctrine of legislation by incorporation. The power to grant pardon has not been denied expressly or by necessary implication. As earlier stated after decision in the case of A.R. Antulay it was not necessary to make specific provision in the Act conferring power on the Special Court to grant pardon at trial or pre-trial stage. Th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o the Special Court. Learned Solicitor-General, in our view, rightly contends that the other statutes are only an external aid to the interpretation and to rely upon the omission of a provision which is contained in another different enactment, it has to be shown that the two Acts are similar which is not the position here. The scheme of the two Acts is substantially different as has been earlier noticed by us. It is also evident from Fernandes case as well . 188) After arriving at such a conclu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nal criminal jurisdiction and has all the powers of such a court under the Code including those of Sections 306 to 308. The above conclusion fully supports the stand taken by CBI and the ultimate decision arrived at by the Designated Court. 189) It was argued by learned senior counsel appearing for the CBI that the word notwithstanding appearing in various provisions of TADA shows that the Code would apply to all cases unless specifically provided for in the TADA. He placed reliance on Section 4 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tion to cases under TADA is Lt. Commander Pascal Fernandes vs. State of Maharashtra & Ors. (1968) 1 SCR 695 in which question relates to tendering pardon to a co-accused under Section 8(2) of the Criminal Law Amendment Act of 1952. A three-Judge Bench of this Court, even after finding that Special Judge created under the Criminal Law Amendment Act, 1952 (Act 46 of 1952) is not one established under the Code held, For the cases triable by Special Judges under Criminal Law Amendment Act, a spe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Magistrate and as in the present case the power was exercised by the Chief Metropolitan Magistrate and not by the Deisgnated TADA Judge, the said exercise of power was illegal and renders the grant of pardon bad in law. The above contentions of Mr. Jaspal Singh, learned senior counsel for A-1 are not acceptable since several provisions in TADA clearly show that Code would apply to all cases. In view of Section 4 of the Code, trial of all offences under the Indian Penal Code or any other laws inc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ing to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. Section 4(2) of the Code makes it clear that all the offences under any other law shall be investigated, inquired into, tried and dealt with according to the provisons of the Code but subject to specific clause/reference of the Special Act. It is also clear from Section 5 of the Code that in the absen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nything contained in the Code or in any other provision of this Act (TADA), the Central Government, for proper implementation of the provisions of the Act confers upon any officer, the power to investigate and proceed under the Act. As per Section 9, the Central Government or the State Government may, by notification in the Official Gazette, constitute one or more Designated Courts for such area or areas or for such class or classes or group of persons by specifying in the Notification. Procedur .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rial. Section 14(3) of TADA specifically confers upon the Designated Court all the powers that can be exercised by a Court of Sessions under the Code which includes the power to grant pardon under Section 306 of the Code. Section 14 of TADA provides as follows: 14. Procedure and powers of Designated Courts. - A Designated Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a polic .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

en, in the course of a summary trial under this sub- section, it appears to the Designated Court that the nature of the case is such that it is undesirable to try it in a summary way, the Designated Court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to and in relation to a Designated Court as they apply to and in relation to a Magistrate: .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the trial before a Court of Session. (4) Subject to the other provisions of this Act, every case transferred to a Designated Court under sub-section (2) of Section 11 shall be dealt with as if such case had been transferred under Section 406 of the Code to such Designated Court. (5) Notwithstanding anything contained in the Code, a Designated Court may, if it thinks fit and for reasons to be recorded by it, proceed with the trial in the absence of the accused or his pleader and record the eviden .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ial of offence as if it had taken cognizance of the offence. Section 20 of the Act makes it clear that certain provisions of the Code are automatically applicable and the Designated Court is free to apply those provisions from the Code for due adjudication of the cases under the Act. So, from the above, it is clear that no provision of TADA is inconsistent with the provisions of the Code of Criminal Procedure, 1973, for grant of pardon as envisaged under Sections 306 to 308. While upholding the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Code can stand together. There is no inconsistency. The two statutory provisions can harmoniously operate without causing any confusion or resulting in absurd consequences and the scheme of the Code can, without any difficulty, fit in the scheme of the Act…. Further, TADA does not preclude the applicability of Section 306 of the Code. As observed earlier, Section 306(2)(b) is clear in that it is specifically applicable to instances where the offence for which an accused is being tried is .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ce in relation to the whole of circumstances, within his knowledge, related to the offence and every other person concerned. In the light of the above analysis, we hold that the power to grant pardon under Section 306 of the Code also applies to the cases tried under the provisions of TADA and there was no infirmity in the order granting pardon to the approver (PW-2) in the facts and circumstances of the present case. 192) It is further contended on behalf of the appellant (A-1) that the deposit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on to take cognizance of the offences under TADA. Section 14 of TADA provides that a Designated Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such an offence or upon a police report of such facts. Section 306(5) contemplates committal of a case by the Magistrate taking cognizance of the offence to the court of appropriate jurisdiction. In the instant case, there did not arise an occasion for the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

From these provisions it would appear that where a person has accepted a tender of pardon under sub-section (1) of Section 337 at the stage of investigation in a case involving any of the offences specified in sub-section (2-B), the prosecution can file the chargesheet either in the Court of a competent Magistrate or before the Special Judge who under Section 8(1) of the Criminal Law Amendment Act, 1952 has power to take cognizance of the offence without the accused being committed to him for tr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

an opportunity of having the evidence of the approver at the trial tested against what he had said before the Magistrate; the accused is denied this opportunity where the chargesheet is filed in the Court of the Special Judge. Whether the accused will get the advantage of the procedure which according to the appellant is more beneficial to the accused, thus depends on the Court in which the proceeding is initiated, and, it is contended, if the choice of forum is left to the prosecution, it will .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on who accepts a tender of pardon must be examined as a witness at the different stages of the proceeding. Where, however, a Special Judge takes cognizance of the case, the occasion for examining the approver as a witness arises only once. It is true that in such a case there would be no previous evidence of the approver against which his evidence at the trial could be tested, which would have been available to the accused had the proceeding been initiated in the Court of a Magistrate who under .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

re sought to curb the power given to the Special Judge by Section 8(1) of the Criminal Law Amendment Act, 1952, there is no reason why the Legislature should not have expressed its intention clearly. Also, the fact that the approver's evidence cannot be tested against any previous statement does not seem to us to make any material difference to the detriment of the accused transgressing Article 14 of the Constitution. The Special Judge in any case will have to apply the well established test .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

an the other . . . . In our opinion, there is no such qualitative difference in the two procedures; whether a witness is examined once or twice does not in our opinion make any such substantial difference here that one of them could be described as more drastic than the other. The appeal is accordingly dismissed. 194) In view of the above discussion and the ratio decidendi of the decisions of this Court, we are of the view that the provisions of sub- Section 4 of Section 306 have not been violat .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

according to him, he is able to speak, read and write the said four languages. Since January 1993, he was posted as DCP, Zone IX, Bombay. In February 1993, Zone IX of Bombay was re-named as Zone X and he functioned as DCP for Zone X up till August, 1994. He recorded the confessional statement of 96 accused persons in this case. First, he recorded the confessional statement of A-11. He explained before the Court the relevant provisions of TADA for recording a confession, procedure to be followed .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

her explained that upon the production of each accused, he verified that the accused was not under compulsion and was free from any pressure either by the investigating agency or by anyone else. He also informed the Court that after highlighting all the procedures and satisfying himself, he allowed every accused to have 48 hours breathing time and asked the accused concerned that still if he was desirable to make such a statement he was free to appear before him in his office. His evidence also .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

statement, recorded the same in his own handwriting. He also explained that no accused had raised any complaint/grievance against any police officer or police in general. He also said that he had asked all the accused who confessed before him whether he was under any fear or pressure or given any inducement for making the confession . After completion of his recording in his own handwriting and after explaining the same to the accused in the language known to him, he obtained the signature of th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

informed the Court that by following the said elaborate procedure, he recorded the confessional statements of various accused, viz., A-11, A-67, A-17, A-12 and A-9. He also informed the Court that he had issued the necessary certificate as required under Rule 15 of the Rules. He also issued a certificate regarding the voluntariness of the confession made by the accused and the correctness of the record of the same prepared by him. He also signed below the said certificates. He also produced and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

red with Worli Police Station and according to him, the area under Worli Police Station does not fall within the jurisdiction of Zone X. 197) With regard to the allegation that confession was recorded in the Police Station, he explained that he had recorded the confession in the Chamber of DCP, Zone IV, at Matunga. According to him, the said office is situated in the building in which Matunga Police Station is also housed. However, he explained that the office of DCP, Zone IV is on the fourth fl .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

perintendent of Police in January, 1990 and was posted at Latur as Superintendent of Police. He was posted as DCP in Bombay from April, 1992, up till December, 1995. He worked in Bombay City in various categories. He also informed the Court that the post of Superintendent of Police in District is equivalent to Deputy Commissioner of Police (DCP) in Commissionarate area. He admitted that he had supervised one case registered with Worli Police Station then under his jurisdiction and one crime regi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

fore recording a confession, he used to receive a letter of requisition for the same. He also explained that on each and every occasion he had explained his position to the accused who intended to make a confession and had apprised him of the fact that there is no compulsion on the part of the accused to make a confessional statement and also informed the Court that he had also explained to each accused that the confession would be used against him and there was no compulsion to make such a stat .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nce also shows that whenever such accused were produced, he would verify that no police personnel or anybody else was present in his Chamber and recorded the confessional statements after closing the door and after proper verification that nobody was there inside. He also informed the Court that every accused who made a statement was apprised of the fact of his position i.e., DCP. After making sure that the accused understood his position and after verifying the language in which he desired to m .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the record on the typewriter instead of writing the questions asked, he was dictating the same to the typist. After recording in the aforesaid manner, he would read over the whole confessional statement to the accused in the language known to him. He would also obtain signatures on all the pages of the concerned accused. After satisfying the accused about the confessional statement made and the procedure followed, he would handover the custody of the said accused to the police officer concerned. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

anse (A-14), Shaikh Ali (A-57), Mobina (A- 96), Imtiyaz Ghavate (A-15), Sanjay Dutt (A-117), Nulwala, Kersi Bapu Adejania, Mohammed Usman Jan Khan (PW-2) and Raju Kodi (A-26). 201) In respect of a question asked regarding whether during the relevant period he was not only supervising the investigation of the said case (LAC No. 381 of 1993) but also coordinating the investigation, he admitted to the same. In para 584 of his evidence, in reply, he admitted that he had the recorded confessions of a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

be discarded since the same were recorded by the officers who were also supervising the investigation. To this, the prosecution pointed out that in the instant case, the confessions of the accused have been recorded after following all the safeguards as enumerated under Section 15 of TADA and the rules framed thereunder. It is further pointed out that the appellants have volunteered to confess their role in the crime and they were aware of the fact that they were under no compulsion to make a c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

pplication of mind. The second ground on which they are held inadmissible is that they were recorded in breach of Rules 15(2) and 15(3) of the TADA Rules and also in breach of the requirements of Section 164 and the High Court Criminal Manual. The learned trial Judge held that the TADA Act was applied in this case without any justification. The permission was granted in that behalf without any application of mind. According to the trial court there was no material on the basis of which the TADA .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

eshmukh that Section 5 was also applicable in this case and that without proper verification sanction was granted to proceed under that section also. The applicability of Section 5 depended upon the existence of a requisite notification by the State Government. It was wrongly reported by PI Deshmukh in his report that such a notification was issued and relying upon his statement the higher officer had given the sanction. Merely on this ground it cannot be said that Shinde has exercised the power .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the confessions even though he was supervising the investigation. One more flimsy reason given by the trial court for holding that the power under Section 15 was exercised mala fide is that the accused making the confessions were not told that they had been recorded under the TADA Act. No such grievance was made by the accused in their statement under Section 313. On the other hand, it appears from the confessions themselves that the accused were made aware of the fact that those confessions wer .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r confessions were recorded strictly in accordance with the manner and procedure prescribed in Section 15 of the Act and Rule 15 of the Rules. (iii) In reply to the questions put by Shri A.K. Majumdar and Shri Harbhajan Ram, each of the confessing appellants replied that he was aware of the fact that he was under no compulsion to make confession and that the same can be used against him and that there was no threat, coercion or allurement for making confession. (iv) When Appellant A-10 was produ .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ill-treatment, torture (physical or mental), inducement or allurement by the investigating officers or supervising officers or claimed that he had made confession under any other type of compulsion. Even when they were in judicial custody, none of the appellants made a grievance that he was tortured, threatened or coerced by the investigating officers or supervising officers or that any allurement was given to him to make the confession. (vi) All the confessing appellants were facing trial in a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

y the investigating officers or the supervising officers or any allurement was given for the purpose of making confession. 62. Both the investigating officers, namely, Shri R.K. Saini (PW 122) and Shri O.P. Chatwal (PW 123) were subjected to lengthy cross- examination. Shri R.K. Saini denied the suggestion that Appellant A-10 Salimkhan was never willing to give any confessional statement and his statement was not recorded. He also denied the suggestion that Appellant A-10 had complained to the C .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

y to another question, he denied that the accused had sought for the presence of advocate but the same was declined. 63. In their statements, PW 103 Shri Harbhajan Ram and PW 104 Shri A.K. Majumdar explained the details of the mode and manner in which confessions of the accused were recorded. Both of them categorically stated that before recording confession each of the accused was told that he is not bound to make confession and that the same can be used against him and whether there was any th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g that the same was correctly recorded. In reply to the suggestion made to him in cross-examination that the accused had been subjected to torture, PW 104 categorically stated that none of the accused was ill-treated by him or any other officer/official. The defence had made suggestion about the nature and extent of supervision exercised by PW 104 but it was not put to them that either instructed the investigating officers to torture the accused and forced them to confess their guilt. In this vi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r to the evidence of PW 128, PW 132 and PW 133. PW 128 Satishchandra Rajnarayanlal, who was SP, CBI II, Punjab Cell at New Delhi in 1992 stated that he registered the offence RC No. 6-SII/92. He recorded the confessional statements of A-1 Lal Singh, Ext. 620 and A-3 Tahir Jamal, Ext. 618 along with other accused. Before recording confessional statements, he ascertained from every accused whether they were voluntarily ready to give confessional statements. Necessary questions were put to them and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

-7-1993 and 6-2- 1994 for recording their voluntary confessional statements, which are Ext. 650 and Ext. 654 respectively. Before recording their statements, he warned them of the consequences of making confessional statements and further gave them time to think over the matter. On being satisfied that they wanted to give confessional statements, he recorded their statements. PW 133 Sharadkumar Laxminarayan, DIG Police, CBI, SIC II Branch, New Delhi stated that in the year 1992 he was SP in the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

same can be used against him. He also apprised the accused that he is not bound to make such statement. When the accused replied that he wanted to make clean admission of guilt, he recorded the confessional statement of A-4 Saquib Nachan. From the above evidence, it is clear that Rule 15 was fully followed by the witnesses, who recorded the confessional statements of accused. Observations made in para 23 are also noteworthy: 23. In view of the settled legal position, it is not possible to accep .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Singh were not followed. In our view, this submission is without any basis because in the present case confessional statements were recorded prior to the date of decision in the said case i.e. before 11-3-1994. Further, despite the suggestion made by this Court in Kartar Singh case, the said guidelines are neither incorporated in the Act nor in the Rules by Parliament. Therefore, it would be difficult to accept the contention raised by learned counsel for the accused that as the said guidelines .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ules or the guidelines framed by the Bombay High Court for recording the confession by a Magistrate under Section 164 CrPC; the said guidelines do not by themselves apply to recording of a confession under Section 15 of the TADA Act and it is for the court to appreciate the confessional statement as the substantive piece of evidence and find out whether it is voluntary and truthful. Further, by a majority decision in State v. Nalini the Court negatived the contentions that confessional statement .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ive that interpretation which would achieve the object of that provision and not frustrate or truncate it and that the correct legal position is that a confession recorded under Section 15 of the TADA Act is a substantive piece of evidence and can be used against a co- accused also. 205) A perusal of the evidence of both the officers who recorded the confession of the accused clearly show that they were aware of the procedure to be followed before recording the confession of the accused and how .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

all of them were given adequate time to think it over and make a confessional statement. It is also clear that after recording their confession, the same was explained to them in the language known to them and in token of the same, they put their signatures and the officers counter signed the same. Though in the cross-examination, both of them have admitted certain procedural violations, in the case of one or two persons, however, the verification of their entire evidence and the confessional st .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

is vitiated. It is submitted that the Criminal Manual of the Bombay High Court in Chapter 1 expressly states that non-Judicial Magistrates or Honourary Magistrates should carry out identification parades. A Special Executive Magistrate is a non-Judicial Magistrate and is an honorary appointment by the government. Extracts of the relevant provisions from the Criminal Manual are provided below:- Identification Parades It is not desirable that Judicial Officers should associate themselves with iden .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

4, it has been held that the statements made before police officers by witnesses at the time of identification parades are statements to the Police, and as such are hit by Section 162 of the Code of Criminal Procedure, 1898. In view of that ruling, it is necessary that such parades are not conducted in the presence of Police Officers. The alternative is to take the help of the Magistrates or leave the matter in the hands of panch witnesses. There would be serious difficulties in panch witnesses .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

requires that a non-judicial Magistrate (i.e. including an SEM) should preferably conduct identification parades of accused persons. The Criminal Manual has adopted the principles enumerated by Archibold in his treatise Criminal Pleading, Evidence and Practice and states that such principles would apply mutatis mutandis to identification parades with suitable variations. These guidelines include: a) Identification parade should appear fair and precaution must be taken to exclude any suspicion o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ould be present throughout the parade. g) SEM should prepare a parade memorandum containing details of the time, place and date of the parade; details of panch witnesses; names of the persons standing in the parade; statements made by identifying witnesses etc. The particulars/materials placed by the prosecution show that the identification parades were carried out in compliance with the requirements of the Criminal Manual. 207) It was further contended by learned senior counsel for the accused .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

4588 dated 22nd April, 1955 in clear terms requires that non- judicial Magistrates or Honorary Magistrates such as a Special Executive Magistrate should preferably conduct an identification parade and, accordingly, identification parades in the instant case were conducted by Special Executive Magistrates. Appointment of Special Executive Magistrates 209) It was further contended that Special Executive Magistrates are not trained Magistrates and they ought not to have conducted the proceedings. I .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

utive Magistrates such of the powers as are conferrable under this Code on Executive Magistrate, as it may deem fit. Section 21 is thus clear that the State Government can appoint SEMs for particular functions on such terms and conditions as it may deem fit. 210) Section 21 of the Code was enacted pursuant to the Thirty-Seventh Report of the Law Commission of India which recommended creation of a special class of magistrates for carrying out specific functions. This report also brought forth a d .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of a special class of Magistrates to carry out specific functions, upon whom powers exercised by an Executive Magistrate can be conferred. Accordingly, Section 21 was enacted. 211) Special Executive Magistrates are appointed by the State Government for a particular purpose and can exercise powers so conferred upon them by the State as are exercisable by an Executive Magistrate. It is useful to note that the legality of Section 21 of the Code which provides for appointment of Special Executive M .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cular area or to perform particular functions in a given area. Such appointments without adequate powers would be futile and the legislation without providing such powers would be pointless. It can be assumed that the Parliament does not indulge in pointless legislation. Indeed, it has not done so in Section 21. A careful analysis of the section indicates very clearly that the Special Executive Magistrates are also Executive Magistrates. Provisions of TADA in this regard: 212) Section 20 of TADA .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ain provisions of the Code.-(1) Notwithstanding anything contained in the Code or any other laws, every offence punishable under this Act or any rule made thereunder shall be deemed to be a cognizable offence within the meaning of clause (c) of Section 2 of the Code, and cognizable case as defined in that clause shall be construed accordingly. (2) Section 21 of the code shall apply in relation to a case involving an offence punishable under this Act or any rule made thereunder subject to the mod .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Magistrate or Special Executive Magistrate….. Section 20 of TADA expressly permits that Section 21 of the Code applies in relation to an offence punishable under TADA. Accordingly, a Special Executive Magistrate may be appointed in a TADA case either by the State Government or the Central government to perform such functions as the government may deem fit. Special Executive Magistrates may perform such functions as are required in a TADA case. In the instant case, Special Executive Magis .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

been upheld by this Court in Kartar Singh vs. State of Punjab (1994) 3 SCC 569 wherein this Court upheld that Special Executive Magistrates appointed under Section 21 of the Code can record confessional statements for offences committed under TADA and perform such other functions as directed. This Court held as follows: 309. Therefore, merely because the Executive Magistrates and Special Executive Magistrates are included along with the other Judicial Magistrates in Section 164(1) of the Code a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e Magistrates is opposed to the fundamental principle of governance contained in Article 50 of the Constitution cannot be countenanced. Resultantly, we hold that sub-section (3) of Section 20 of the TADA Act does not offend either Article 14 or Article 21 and hence this sub-section does not suffer from any constitutional invalidity. In the instant case, which involves offences punishable under TADA, Special Executive Magistrate can be appointed and carry out such functions, including conducting .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

out that seizure panchnama was not in accordance with the procedure and, more particularly, Section 27 of the Indian Evidence Act. Now, let us consider how far the prosecution has established that the recovered articles/materials were either used or intended to be used for the Bomb blasts on 12.03.1993 pursuant to the conspiracy hatched. Apart from the argument of Mr. Jaspal Singh relating to a deficiency in the panchnama, Mrs. Farhana Shah, learned counsel appearing for some of the accused has .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t and also to ensure that anything incriminating which may be said to have been found in the premises searched was really found there and was not introduced or planted by the officers of the search party. The legislative intent was to control and to check these malpractices of the officers, by making the presence of independent and respectable persons compulsory for search of a place and seizure of article. Evidentiary value of Panchnama 218) Panchnama is a document having legal bearings which r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uired to be not only impartial but also respectable . Respectable here would mean a person who is not dis-reputed. One should also check if the witnesses are in their senses at the time of the panchnama proceedings. Only majors are to be taken as witnesses as minors witness may not withstand the legal scrutiny. 219) Panchnama can be used as corroborative evidence in the court when that respectable person gives evidence in the court of law under Section 157 of the Indian Evidence Act. It can also .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

low search (1)Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. (2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-secti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

earched is situated or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do. (5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no per .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of shall be prepared, and a copy thereof shall be delivered to such person. (8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860). 174. Police to inquire and report on suicide, etc. (1) When the officer in charge of a police station or some other police off .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighborhood shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of inquiry as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such mar .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

or personal search of officer (Inspecting officer) and panch witnesses should be taken to create confidence in the mind of court as nothing is implanted and true search has been made and things seized were found real. b) Search proceedings should be recorded by the I.O. or some other person under the supervision of the panch witnesses. c) All the proceedings of the search should be recorded very clearly stating the identity of the place to be searched, all the spaces which are searched and descr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

chnama. f) The panchnama should be attested by the panch witnesses as well as by the concerned IO. g) Any overwriting, corrections, and errors in the Panchnama should be attested by the witnesses. h) If a search is conducted without warrant of court u/s 165 of the Code, the I.O. must record reasons and a search memo should be issued. 222) Section 174 of the Code enumerates the list of instances where the police officers are empowered to hold inquests, the proviso to this section mandates the inq .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the form of examining witnesses as laid down u/s 161 of the Code. ii) The Panchnama must be attested by the panch witnesses for it to be valid in the eyes of law. In case of a literate panch witness, he must declare that he has gone through the contents of Panchnama and it is in tune with what he has seen in the places searched, whereas for illiterate panch witness, the contents should be read over to him for his understanding and then the signature should be appended. If the above said declara .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

conduct a search and seize the articles without panchas and draw a report of the entire such proceedings which is called as a Special Report . 225) In Pradeep Narayan Madgaonkar and Ors. vs. State of Maharashtra (1995) 4 SCC 255, this court upheld that the evidence of the official (police) witnesses cannot be discarded merely on the ground that they belong to the police force and are either interested in the investigating or the prosecuting agency. But prudence dictates that their evidence needs .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ndependent panch witnesses and if knowingly he has taken pliable witnesses as panch witnesses then the entire raid would become suspect and in such a case it would not be possible to hold that the evidence of police witnesses by themselves would be sufficient to base conviction. 227) In M. Prabhulal vs. The Assistant Director, Directorate of Revenue Intelligence (2003) 8 SCC 449 and Ravindra Shantram Sawan vs. State of Maharashtra (2002) 5 SCC 604, this Court came to the conclusion that mere non .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

be dependable on a careful scrutiny. 229) Keeping the above principles in mind, let us consider the recoveries made through prosecution witnesses. Altaf Ali Mustaq Ali Sayed, (A-67), in his confessional statement narrated about various articles and also identified the articles used for the preparation of bomb. He made his confessional statement before Mr. P.K. Jain (PW-189), the then DCP, Zone-X, Bombay. Since we are concerned about the recoveries, we are not adverting to his entire statement fo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the same with him. After saying so, he brought 4 bags in which one was a big brown coloured VIP bag, one small and one black coloured VIP like bag and two handbags tied together, from a jeep parked in the compound and handed over the same to him. The next day, according to him, A-1 telephoned him and verified whether Amjad had handed over the bags to him. He answered in the affirmative then he asked to book 4-5 tickets for Dubai. A-1 also sent the names with money through one Rafiq Madi (A- 46), .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ng abroad. He gave them 5 tickets in the first week of March and all the persons went away but the bags remained lying there, then he spoke to Yakub Memon over phone and asked as to when he will take away the bags. For this, A-1 replied that he will take away the same in a couple of days. On the same day, in the afternoon, at 2 p.m., A-1 called him and directed him to send those bags to him since he had nobody with him. Then, at 6 o clock, in the evening he put all those bags in his Maruti car a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d he had put them in his garage. 230) Thereafter, he went to Borivali where he heard that bombs had exploded at several places in Bombay on Friday i.e. 12.03.1993. After 2-3 days, when he read the newspaper and came to know that Yakub Memon and his men were behind the blasts then he got very scared. The other two bags were lying in his office. He further stated before the DCP that during this period, Amjad had gone to Karachi and London on 21/22nd March. He gave both the bags to Yakub Memon (A-1 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

unitions and he and his men used all that for the bomb blasts in Bombay. 231) In his confessional statement before the recording officer, he stated that, at first, A-1 told him that it contained office documents but later he informed him that it contained weapons etc. to take revenge against the loss of Muslims in Bombay riots. Later, he informed A-1 not to implicate him and not to create any problem for him. On this, A-1 told him to keep those two bags for few more days. After this, when Rafiq .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r the last 10 years. He admitted in his evidence that he knows Altafbhai (Altaf Passportwala) and he identified Altafbhai in the Court and also informed his full name as Altaf Ali Mustaq Ali Sayeed. He further informed the Court that Altafbhai gave him 2 suit cases in his office when he had been to the said office at 09:00 p.m., on 22.03.1993. Both the said suitcases were given to him in a closed condition. Altafbhai told him to keep the said suit cases and informed him that it contained fax mac .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g with Altafbhai came to his house. On seeing him, Altafbhai told him to return the bags given by him. Though an objection was raised about the said question, the Designated Court has rightly clarified that the answer was allowed with the limited object to show only a fact that Altafbhai had made a statement. Thereafter, PW-282 deposed that he took out the bags which were under the Sofa and gave the same to police persons who had accompanied Altafbhai (A-67). Since he was not having the keys, he .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

wire. He further explained that the chits were affixed on each of the hand grenades in both the said bags. The bundles of wire from both the bags were kept together and wrapped in a paper. The said packet was tied by means of a string. A seal was also affixed upon the said packet. The hand grenades from both the bags were of similar size. The same were of green colour. Each bundle of wire contained wires of green, red and yellow colour. The witness deposed that he had seen the suit-cases before .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the suitcases given to him by Altafbhai, he answered that the same were the suitcases like these suitcases. He again reiterated that suitcases Article Nos. 42 and 43 were the suitcases given to him by Altafbhai. 234) In the cross-examination, he mentioned that the hand grenades from the bigger suitcase were counted in his presence and asserted that after counting the same they were found to be 65 in number. He also reiterated that thereafter 65 labels were prepared and signatures of panch witnes .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s locked by means of a key which was prepared by the mechanic for opening the said suitcase. He also stated that the bigger suitcase was sealed in his presence in such a manner that contents thereof could not be removed by anybody without tampering or breaking the seal affixed on the said suit case. 235) Regarding the smaller box, he stated that in the same manner 40 hand grenades were found from the smaller bag and after that the same were labeled. The said bag was also locked by means of a key .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

stated that in the said night, he had seen only 105 hand grenades and out of them 65 hand grenades were kept in bigger suitcase and 40 hand grenades were kept in the smaller suit case. Since he disputed the number of hand grenades, labeling and locking in cross examination, with the permission of the Court, the Special Public Prosecutor put questions regarding happenings at Mahim Police Station in the month of Feb./March, 1993 and the circumstances in which the statement of the witness was reco .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of March 1993, he was attached to the DCB CID, Unit VIII as P.I. He deposed before the Court that on 24.03.1993, senior P.I. V. S. Kumbhar of DCB, CID entrusted him with further investigation of C.R. 138 of 1993 registered with L.T. Marg Police Station on 23.03.1993. After taking charge of the said investigation, he registered C.R. No. 77 of 1993 as a corresponding C.R. No. for the said crime. On going through the earlier papers of investigation, he noticed a panchnama dated 23.03.1993 affected .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

es seized under Panchnama Exh. 728 to P.I. Chaugule of B.D.D.S for defusing the same. On the same day, he had also given him all the detonators seized under the same panchnama for diffusing. He had requested the said squad for returning the said hand grenades and detonators after diffusing the same. 238) PW-541 forwarded the seized articles to FSL for examination by preparing necessary forwarding letter and described the articles sent therein. On going through the office copy of the said letter, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

im, since the said articles were in large quantity, he had personally taken those articles to the FSL. On 02.04.1993, he had taken out the said articles from the Strong Room. He asserted that the said articles were found in perfectly sealed labeled and packed condition in which the same were deposited in the strong room, i.e., they were in the same condition in which he had received them. He sent those articles in the same condition to the FSL. On 27.04.1993, he received a report from Chemical A .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nated TADA(P) Ac, BBC, Gr. Mumbai In BBC No. 1/93 The State of Maharashtra/CBI, STF …Appellant vs. Dawood Ibrahim Kaskar & Others. …..Accused AFFIDAVIT I, Ramesh Manohar Pargunde, 52 yrs Sr. Inspector of Police, Kherwadi Police Station, Mumbai, do hereby solemnly affirm and say as under:- 2. That I am filing this affidavit with a view to explaining the shortage of 20 hand grenades in muddemal property of this case. 3. I say that I was incharge of the store of muddemal property .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nally checked and verified the said record. I say that 5 handgrenades were lying in the strong room of Crime Branch, CID. I say that inadvertently the said 5 hand grenades were not deposited in the Court when the said muddemal property was produced before the Court. I say that the prosecution may be permitted to produce the said 5 hand grenades for which a separate application is being moved before this Hon ble Court. 5. I say that I have verified the other record of the Crime Branch and found t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd whatever stated in Para No. 5 (a, b & c) is true as per my personal knowledge and as per the available records and I believe the same to be true. Solemnly affirm. This 11th day of October, 1999. Deponent (R.M. Pargunde) Identified by me Spl. Public Prosecutor CBI, STF Mumbai 240) The statements of various accused, particularly, A-10 and the evidence of PW-282 as well as PW-541 coupled with the affidavit sworn by PW- 541 and in the light of the principles to be followed for a valid panchna .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on of the evidence as produced by the prosecution in support of the case against A-1, an offence of conspiracy is clearly made out. The evidence in respect of A-1 is in the nature of confessions made by the co-accused persons, the testimonies of the prosecution witnesses and documentary evidence on record and recoveries. a) A10 in his confessions has categorically stated that A-1 is the younger brother of Tiger Memon. It was A-1 who attended many telephone calls at the Tiger s residence. On 10/1 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ect ₹ 1 crore from Choksi (A-97) for him. A-10 collected the said money along with co-accued Abdul Gani (A-11), Parvez (A- 12), Md. Hussain, Salim and Anwar Theba (AA). On 17/18th February, A-1 directed A-10 to remain with Rafiq Madi (A-46). On the next day, A-10 and A-46 picked up Irfan Chougule (AA) from Mahim and Shahnawaz (A-29) and his companion from Bandra Reclamation and dropped them at the Airport. It was A-1 who directed A-10 to transfer rupees 25 lakhs from Tiger s account to Ira .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

A-1 was present at Al-Hussaini Building with other co- accused, i.e., A-46, A-15, A-12, A-52. On 07.03.1993, A-11 was present at Al Hussaini Building along with Tiger, Shafi, Essa (A-3), A-7, A-5 and A-6. c) (A-46), in his confession referred to the role of A-1 apart from mentioning that he is the younger brother of Tiger Memon. He further confessed that he used to drive Tiger s blue Maruti-800 for attending to all business activities. On 8th or 9th February, he handed over ₹ 50,000/- to .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

A), Asgar Yusuf Mukadam (A-10) and Shahnawaz at the Airport for their departure to Dubai. On 14th, he was given ₹ 4 lakhs by A-1 after collecting the said amount from Choksi A-97. d) A-67 in his confession referred to the role of A-1. A-1 asked A-67 about the bags that have been delivered to him by Ajmal. It was A-1 who arranged for tickets for some ten accused through him by sending money etc. A-1 sent three bags through A-46 to accused A-67 for safe keeping of the same which contained ar .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

relevant to mention that on 12.02.1993, at the time of departure to Dubai, Tiger told A-10 that he should remain in contact with A-1 and should bring money for him from A-97 in case A-1 needed money. From the above, it could safely be inferred that the account maintained with A-97 by Tiger Memon was being used for meeting the expenses incurred for achieving the objects of criminal conspiracy and A-1 was handling it through the other co-conspirators. 242) Confessional statements of A-10, A11 and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ved in day-to-day activities. The same is further clear in the confession of A-10 which reveals that after A-1 having told him to bring about an amount of ₹ 1 lakh from A-97, the manner in which the said amount was brought by A-10 by going to the house of A-97 along with A-11, A-12 and two more persons. 243) Apart from the above evidence, Asif Sultan Devji (PW-341) and Massey Fernandes (PW-311) have deposed about booking of 12 tickets and 1 ticket respectively at the instance of A-67. It i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

gorically stated that the tickets booked by him were collected by a person from Tejarath International sent by A-1. All the above details clearly show that the tickets booked by A-67 and others at the behest of A-1 were for the co-accused, who went to Dubai and, subsequently, to Pakistan for weapons training as revealed in their confessional statements and evidence of PW-2. All this information emanated not only from the accused in their confessional statements but also from the persons who were .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

king tickets and used to send his employee to collect them from East West Travels. The examination further reveals that the office of his firm was burnt in the riots and he started working from his residence at the Al-Hussaini Building. 246) It is also seen from the confession of A-67 that A-1 had given him four bags on the first occasion which were containing ammunitions. On the second occasion, A-46 had delivered three more suit cases to A-67 and upon being asked by him, A-46 stated that the s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

7 by A-1. Though some discrepancies are there, in the light of the abundant materials, if we read the entire confessional statement of A-67, those were not of much importance. 247) It is further seen that in all important meetings with Tiger Memon, particularly, at the residence Al-Hussaini, A-1 used to interact with him. It is further clear that the confessional statement of A-67 corroborated the evidence of PW-37, PW-506 and PW-282. It has also come in evidence that A-1 was in possession of ha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as planted at Bombay Stock Exchange which exploded at 0330 hours killing 84 persons, injuring 270 persons and causing loss of property worth ₹ 5 crores. The number plate (Art. 227) bearing MP-09-H-0672 was seized from the place of occurrence by Deputy Manager, Bombay Stock Exchange (PW-82). Engine No. and Chassis No. were seized by PW- 86 and PW-370 respectively. The said maruti car was purchased by Shafizarimal in the beginning of the year 1992 through Sulaiman Mohammed Lakdawala (PW-365) .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

accused having not made a confession, the same cannot be considered as a factor for terming other evidence led by the prosecution as a weak type of evidence. 249) The material portion in the confessions of A-10, A-11 and A-46 clearly reveal the relevant role of collecting money paid by the said accused at the behest of A-1. The oral and documentary evidence led in by the prosecution clearly prove that A-1 was not only associated with his brothers and other accused but had also participated in t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the prosecution has also examined the independent witnesses from the travel agencies and other authorities. Apart from this, there are ample evidence to show that he was incharge of all money transactions and monitoring the activities of all the persons concerned in the movement. The prosecution has also established that A-1 owns a blue Maruti Car which was used for carrying explosives and detonators one day before the blast took place on 12.03.1993. A-1 left for Dubai on 11.03.1993 with the In .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

analysing all the materials including oral and documentary evidence and the independent witnesses, rightly convicted him. 250) A perusal of the above confessions by the co-conspirators would show that the appellant (A-1) was playing a key role in furtherance of the above said conspiracy. The above evidence along with further material relied on by the prosecution show that A-1 also played an active role in generation and management of funds for achieving the object behind the conspiracy and in a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Satyakam, learned counsel for the respondent. 252) The present appeals are directed against the final judgment and order of conviction and sentence dated 04.12.2006 and 24.07.2007 respectively whereby the appellants (A-32, A-36 and A-39) have been convicted and sentenced to death by the Designated Court under TADA for the Bombay Bomb Blast Case, Greater Bombay in B.B.C. No.1/1993. Charges: 253) The following common charge of conspiracy was framed against all the co-conspirators including the ap .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

overawe the Government as by law established, to strike terror in the people, to alienate Sections of the people and to adversely affect the harmony amongst different sections of the people, i.e. Hindus and Muslims by using bombs, dynamites, handgrenades and other explosives substances like RDX or inflammable substances or fire- arms like AK-56 rifles, carbines, pistols and other lethal weapons, in such a manner as to cause or as likely to cause death of or injuries to any person or persons, los .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

urselves and with your men of confidence till its use for committing terrorist acts and achieving the objects of criminal conspiracy and to dispose off the same as need arises. To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to commit terrorist acts. To harbour and conceal terrorists/co-conspirators, and also to aid, abet and knowingly facilitate the terrorist acts and/or any act preparatory to the commiss .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

azaar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing handgrenades at Macchimar Hindu Colony, Mahim and at Bay-52, Sahar International Airport which left more than 257 persons dead, 713 injured and property worth about ₹ 27 crores destroyed, and attempted to cause bomb explosions at Naigaum Cross Road and Dhanji Street, all in the city of Bombay and its suburbs i.e. within Greater Bombay and thereby committed offences punishable under Section 3(3) of TADA (P) .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

4 and within my cognizance. In addition to the abovesaid principal charge of conspiracy, the appellants were also charged on the following counts: At head Secondly; Each of the appellants (A-32, A-36 & A-39) committed an offence punishable under Section 3(3) of TADA by doing the following acts: (i) They received training in handling of arms, ammunition and explosives in Pakistan along with co-conspirators. (ii) They attended meetings at the residences of Nazir Ahmed Shaikh @ Babloo (AA) and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ge to property worth ₹ 50,000/- and thereby committed an offence punishable under Section 3(2)(i)(ii) of TADA read with Section 149 IPC. At head Fourthly; Each of the appellants along with other co-accused persons formed unlawful assembly as mentioned above, while throwing the hand grenades at the said hutments at Mahim Causeway, which resulted into death, injuries and damage to properties and thereby committed an offence punishable under Section 148 IPC. At head Fifthly; Each of the appel .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

which resulted into injuries, committed an offence punishable under Section 324 read with Section 149 IPC. At head Eighthly; Each of the appellants, by causing the aforesaid explosion by throwing hand grenades, which resulted into damage to the properties worth ₹ 50,000/- committed an offence punishable under Section 436 read with Section 149 IPC. At head Ninthly; A-39, by causing the aforesaid explosion by throwing hand grenades, along with other co-accused persons at Mahim Causeway, whi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

20-B of IPC read with the offences mentioned in the said charge. In addition, the appellants were also ordered to pay a fine of ₹ 25,000/- each. (charge firstly) (ii) A-36 and A-39 have also been sentenced to suffer RI for 10 years while A-32 has been sentenced to RI for 14 years for the offence punishable under Section 3(3) of TADA. The appellants were also ordered to pay a fine of ₹ 25,000/- each. (charge secondly) (iii) The appellants have been sentenced to death for the offence p .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nts were sentenced to RI for 14 years under Section 307 read with Section 149 of IPC accompanied with a fine of ₹ 10,000/- each, in default, to further undergo RI for 3 months. (charge sixthly). (vii) The appellants were sentenced to RI for 2 years under Section 324 read with Section 149 of IPC. (charge seventhly). (viii) The appellants were sentenced to RI for 10 years accompanied with a fine of ₹ 5,000/- each, in default, to further undergo RI for 1 month under Section 436 read wit .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s and documentary evidence on record. A brief account of the evidence brought on record in respect of each of the appellant is as under. 256) Mr. Manish, learned counsel for the appellants, after taking us through the relevant materials submitted that the appellants joined the company of Tiger Memon and had gone to Dubai and Pakistan due to circumstance and by force. He also submitted that they had no intention to go to Dubai and to attend weapons training at Islamabad. Their main aim was to sec .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

vant time they were in search of some job for their livelihood, the death sentence imposed by the Special Court is not warranted. On the other hand, learned senior counsel for the CBI, after taking us through their confessional statements, confessional statements of other co-accused, the evidence of PW-2 (Approver), eye-witnesses and recoveries as well as the loss of lives and damage to properties submitted that the Special Court was justified in awarding capital punishment. Conspiracy: 257) The .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

y the appellants, viz., receiving training in Pakistan, participating in filling RDX in vehicles in the intervening night between 11/12.03.1993 and throwing of hand grenades at the Fishermen s Colony at Mahim on 12.03.1993 causing death of 3 persons and injuring 6 others. The object behind the conspiracy is the ultimate aim of the conspiracy and many means may be adopted to achieve this ultimate object. The means may even constitute different offences by themselves, but as long as they are adopt .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

93), the then DCP, Zone III, Bombay. In his confession, he made the following assertions: (i) He knew Javed Chikna (AA) very well . (ii) He travelled to Dubai on 11.02.1993 along with other co-accused and they were received by Ayub Memon (AA), brother of Tiger Memon, at Dubai Airport. (iii) He met Tiger Memon at a flat in Dubai and did not protest when he was told by Javed Chikna that he had come for training in handling arms and making bombs. (iv) He left for Islamabad from Dubai by a Pakistan .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

her conspirators met in a flat where Tiger Memon brought a copy of holy Quran and everyone including him, took oath to keep the training in Pakistan a secret and that after reaching Bombay they would take revenge. Tiger Memon also delivered a lecture on communal riots in Bombay. (x) On 07.03.1993, he attended the meeting in the house of Babloo (AA) in Bombay where Tiger Memon ordered them to cause riots. (xi) On 10.03.1993, after the meeting in the house of Mobina @ Bayamoosa Bhiwandiwala (A-96) .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

thereafter, they all threw hand grenades at Fishermen s Colony at Mahim. He threw two hand grenades and saw many people getting injured. Reference to A-36 and A-39 (i) A-36 and A-39 joined the training camp in Pakistan. (ii) A-36 and A-39 also took oath on holy Quran to keep the fact about receiving training in Pakistan a secret and to take revenge after their return to Bombay. (iii) A-36 and A-39 participated in filling RDX at Al-Hussaini Building and in throwing hand grenades at Fishermen s C .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and Irfan Chougule (AA) and met Gullu @ Gul Mohd. (A-77) at Dubai Airport. They were received by Ayub Memon (AA), brother of Tiger Memon, at the Airport. (iii) He met Tiger Memon at Dubai, and thereafter, left for Pakistan to receive training in use of arms and explosives. (iv) He along with A-32 were given training in handling AK-56 rifles, pistols, detonators, safety fuse, hand grenades, rocket launchers, use of RDX in making bombs and petrol bombs. (v) After return from Pakistan, he along wi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uran to wage Jehad in Bombay. (iii) A-32 and A-39 threw hand grenades at Fishermen s colony at Mahim. Confessional Statement of Feroz @ Akram Amani Malik (A-39) Confessional statement of A-39 under Section 15 of TADA has been recorded on 19.04.1993 (22:30 hrs.) and 23.04.1993 (20:50 hrs.) by Mr. P.D. Pawar (PW-185), the then DCP, Zone V, Bombay. In his confessional statement, he made the following assertions:- (i) He deposed that he was the brother-in-law of co-accused Fazal Abdul Rehman (A-76). .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

long with others where they were trained to assemble guns and throw bombs. (v) Tiger Memon attended training in Pakistan and told the co-accused that they have to blast bombs at Bombay. (vi) When they returned to Dubai, he and other co-accused took oath on holy Quran to keep the training in Pakistan a secret. (vii) On 10.03.1993, he along with PW-2 went in a car to Shiv Sena Bhawan and a petrol pump nearby to survey the prospective targets. He also went to Chembur Refinery along with PW-2 to sur .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s: (a) attended training camp in Pakistan; (b) took oath on holy Quran to do Jehad; (c) attended meetings at the residence of Babloo (AA) and Mobina; and (d) threw hand grenades at Fishermen s Colony at Mahim. 260) It is also clear that the confessions made by the appellants are truthful and voluntary and were made without any coercion. All safeguards enumerated under Section 15 of TADA and the rules framed thereunder have been duly complied with while recording the confessions of the appellants .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d persons. After arrest, the accused persons were produced before the Court number of times in 1993 and 1994. While the confessions were recorded in April and May 1993, retractions have been made only in May, 1994, i.e. after a gap of 1 year. Since we have elaborately discussed the contention raised by learned counsel with regard to the same in the main appeal, there is no need to refer the same once again. Confessional Statements of co-accused: Confessional Statement of Bashir Ahmed Usman Gani .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

32 (i) A-32 attended a conspiratorial meeting on 10.03.1993 at the residence of Mobina. (ii) On 11.03.1993, at 11.00 p.m., A-32 took him to the house of Tiger Memon at the Al-Hussaini building. (iii) He along with A-32, A-39, A-36, Saleem, Mehmood and Moin went to throw hand grenades at Mahim Slope Cause-way on 12.03.1993. Reference to A-36 (i) A-36 actively participated in preparation of vehicle bombs by using RDX at Al-Hussaini Building compound in the intervening night between 11/12.03.1993. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ection 15 of TADA has been recorded on 20.05.1993 (16:30 hrs.) and 22.05.1993 (16:45 hrs.) by Sanjay Pandey (PW-492), the then DCP, Zone-VIII, Bombay. In his confessional statement, he made the following assertions with regard to the appellants:- Reference to A-32 A-32 attended training in handling arms and explosives in Pakistan. Reference to A-39 He attended the meeting held by Tiger Memon on 07.03.1993 in which Tiger informed that he was going to cause riots in Bombay. Confessional Statement .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Al-Hussaini building. Confessional Statement of Shahnawaz Abdul Kadar Qureshi (A-29) Confessional statement of A-29 under Section 15 of TADA has been recorded on 18.05.1993 (18:30 hrs.) and 21.05.1993 (14:45 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In his confessional statement, he made the following assertions with regard to the appellants:- Reference to A-32 (i) A-32 was present in the training camp in Pakistan when he and others reached there. (ii) A-32 was .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ound on the night of 11.03.1993 along with Tiger, Shafi, Anwar, Bashir Muchhad, Nasim, Parvez, Zakir and Sardar Khan where vehicle bombs were prepared. (v) On 12.03.1993, at about 12:30 noon, A-36 was present in the flat of Tiger Memon at Al-Hussaini Building along with Javed Chikna, Bashir Muchhad, Bashir Mahimwala, Shafi, Usman, Salim Dandekar, Anwar and Zakir. (vi) A-36 received ₹ 5,000/- from Tiger Memon. Reference to A-39 (i) A-39 was present in the training camp in Pakistan when he a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t the Al-Hussaini building in the morning of 12.03.1993. Reference to A-36 (i) A-36 participated in the training in Pakistan and after training returned to India via Dubai. (ii) A-36 was involved in filling of RDX in the vehicles on the night of 11.03.1993. Reference to A-39 A-39 also received weapons training in Pakistan. Confessional Statement of Salim Rahim Shaikh (A-52) Confessional statement of A-52 under Section 15 of TADA has been recorded on 15.04.1993 and 18.04.1993 by Mr. P.D. Pawar (P .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rat. (iv) On 14.02.1993, A-32 along with other co-accused left Dubai and reached Islamabad where they were taken to the training camp for training in firing arms, handling LMG rifles, throwing of hand grenades, use of RDX, detonators and timer pencils. (v) On 11.03.1993, A-32 was seen at the residence of Tiger Memon assisting in loading of vehicles with RDX for causing bomb blasts. (vi) On 12.03.1993, he along with other persons boarded the Maruti Car driven by him (A-32) in which 30 hand grenad .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

other conspirators boarded the Maruti Car to Mahim Slopeway, Koliwada and threw hand grenades. After that, he took over the bag of remaining hand grenades and the pistol given to him earlier and left the vehicle near Bandra Reclamation. Confessional Statement of Shaikh Ali Shaikh Umar (A-57) Confessional statement of A-57 under Section 15 of TADA has been recorded on 19.04.1993 (12:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. He made the following assertions:- R .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ent of A-64 under Section 15 of TADA has been recorded on 22.01.1995 and 24.01.1995 by HC Singh (PW-474), the then Superintendent of Police, CBI/SPE/STF, New Delhi. A-64 made the following assertions: Reference to A-32 (i) A-32 was present at Dubai when A-64 and others reached there. (ii) A-32 attended conspiratorial meetings at Dubai. (iii) A-32 received training in use of arms and explosives in Pakistan. Reference to A-39 (i) A-39 went to Pakistan by a PIA Flight and received training. (ii) A- .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on 14.05.1993 (18:30) and 16.05.1993 by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. He made the following assertions:- Reference to A-32 On 10.03.1993, A-32 accompanied with Niaz @ Aslam, Usman (PW-2) and Feroz (A-39) went to meet Tiger Memon in a white Maruti Car to a building behind Bhabha Hospital. In the said meeting, Tiger enquired as to who knows driving etc. In the said meeting, he also distributed ₹ 5,000/- to each one of them. Reference to A-36 A-36 receive .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nquired as to who knows driving etc. In the said meeting, Tiger also distributed ₹ 5,000/- to each one of them. Confessional Statement of Niyaz Mohd. @ Aslam Iqbal Ahmed Shaikh (A-98) Confessional statement of A-98 under Section 15 of TADA has been recorded on 17.05.1993 (14:30 hrs.) and 20.05.1993 (11:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. He made the following assertions:- Reference to A-32 (i) A-32 received training in handling of different types .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t the instance of Tiger Memon, took oath in Dubai after placing his hands on holy Quran. A-36 also heard about the speech given by Tiger regarding the riots in Bombay. Reference to A-39 (i) On 08.02.1993, A-39 along with Niyaz proceeded to Dubai. At the airport, he was received by Ayub Memon and stayed with Tahir. (ii) A-39 received training in handling of different types of arms and ammunitions, hand grenades and making of bombs by using RDX. During training, his assumed name was Akram . (iii) .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nce to A-32 (i) A-32 participated in the training of fire arms and ammunitions in Pakistan along with his associates during February, 1993. (ii) On 02.03.1993, A-32 came back to Dubai, where Tiger Memon gave 200 Dirhams to each one of them and administered oath on Quran to take revenge against Hindus for demolition of Babri Masjid and their tyranny perpetrated on them. (iii) A-32 was present at the residence of Tiger Memon at Al-Hussaini building on the night of 11.03.1993 along with other co-ac .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ies of vehicles which were later planted at various targets in Bombay causing irreparable damage to life and property. It is also sufficiently established that they went to Pakistan via Dubai and received training in handling of arms and ammunitions at the hands of Tiger Memon and all of them also took oath on holy Quran to take revenge for the riots in Bombay and to keep the training in Pakistan a secret. It is also sufficiently proved that in pursuance of the said conspiracy, all the appellant .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

emon also visited them at Dubai. (iv) In Dubai, A-32 informed PW-2 and other co-accused persons that Tiger Memon had asked them to come to Dubai Airport. All the accused persons, including A-32, then boarded a flight to Islamabad, Pakistan. (v) On reaching Islamabad, all the accused persons including A-32, were taken out of the Airport without any immigration check. (vi) In Pakistan, all of them received training in use of RDX, pencil detonators, guns and hand grenades. (vii) On return to Dubai, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

accused and they discussed about the targets and A-32 gave his report on Chembur Refinery. (x) PW-2 along with A-32 conducted the survey of Bharat Petroleum Refinery as a possible target of blasts. Reference to A-36 (i) A-36 also joined training in Pakistan. (ii) A-36 attended the meeting at the Al-Hussaini building on 11.03.1993 where targets were discussed. (iii) A-36 received four hand grenades from Javed Chikna (AA) on 12.03.1993 and was instructed to throw the same at Fishermen s colony at .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ishes and fully corroborates the confessions of the appellants in all material particulars that the appellants played an active and crucial role in achieving the object of the conspiracy. It further corroborates the fact that they traveled to Pakistan and received training in handling of arms and ammunitions, explosive substances and throwing of hand grenades. They attended meetings at Dubai and in India and also took oath on holy Quran to take revenge. They participated in filling RDX in vehicl .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Magistrate (PW- 469). (iii) He also identified the car bearing No. MP-13-D-385 in which the appellants came to Mahim slopeway in order to throw hand grenades. Deposition of Santosh Patil (PW-6) PW-6 deposed as follows: (i) He is a resident of Fishermen s Colony at Mahim. He witnessed the said incident while he was waiting near Municipal School at Mahim Slope. (ii) He deposed that the appellants came in a Maruti Van to the said Colony and the number of the said vehicle was MP 385. (iii) He ident .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

2, A-36, A-39, A-13 and A-43 in Court. (iii) He participated in the identification parade dated 15.05.1993, conducted at Mahim police station by Special Executive Magistrate PW- 469. (iv) He identified the Maruti Van in which the accused persons came to Fishermen s Colony as MP-D-13-385. (v) PW-13 lodged the First Information Report in respect of the explosions at Fishermen s Colony. 266) From the depositions of PWs-5, 6 and 13, the eye-witnesses, the identification of the appellants as those pe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the blast site i.e., Fishermen s colony at Mahim and prepared spot panchnama (Exh. 1942) in the presence of panch witnesses Dayaram Timbak Akare and Mahendra Sadanand Mehre. PW 562, in the presence of Tamore (PW-330) and experts collected the articles from the blast site vide Panchnama Exh. No. 1221 which were sent to the Forensic Science Laboratory ( FSL ) for opinion. The FSL Report Exh. 1943 proved remnants to be explosives and part of hand grenades. Evidence with regard to injured victims an .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ar (PW-640) were the doctors who have proved the injury certificates issued to PW-13 and Sheetal Keni (PW-412) which are Exh. Nos. 2374 and 2372 respectively. 269) Gajanan Tare (PW-413) (husband of the deceased Gulab Tare) and Karande (PW-414) (nephew of the deceased Hira Dhondu Sawant) claimants of two bodies, have proved the death of Mrs. Gulab Tare (wife of PW-413) and Smt. Hira Dhondu Sawant (PW 414 s aunt) in the said incident. Dr. Pujari (PW-482) and Gangadhar Uppe (PW-480) have establishe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

93 I had received a telephone call given by Shakil Hasham from Bombay. Shakil requested me to book one red coloured Maruti Van in the name of Asif Darvesh resident of M.G. Road, Indore and another new Maruti Van of blue colour in the name of Shri Kasam Ahmed residing at Indira Nagar, Ujjain. He also requested me to register both the Maruti Van at Indore and send the same to Bombay. He also told me that the payments of the same would be made at Bombay to the driver. I quoted a price of ₹ 1, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

After receipt of the said letters and bills from both the said companies in the name of purchasers who wanted red and blue Maruti Vans I sent papers of both the Vans for registration to RTO. The blue coloured Maruti Van was registered in the name of Kasam Ahmed at Ujjain RTO. The blue coloured Maruti Van could not be registered at Indore due to lack of E- Form necessary for registration. Thereafter, I sent both the said Vans to Bombay to Shakil Hasham. Shakil Hasham received the delivery and pai .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to arrange for two Maruti Vans (red and blue) in February, 1993. Both the vans were purchased in Madhya Pradesh and the blue Maruti Van was registered in Ujjain with the registration number MP-13-D-0385. It is submitted that this number and the said blue Maruti Van has been identified by PWs-5, 6 and 13 in their depositions as the vehicle which was involved in the said incident at Fishermen s Colony. PW 366 further deposed: In the same month (February, 1993) I had also arranged for one blue col .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

an and asked him to take the delivery from the said drivers who had brought the delivery of the said vehicles. Accordingly, he took the delivery by making payment to the drivers. The said vehicles were insured through Vijay A. Tamore (PW-338). Evidence of travel to Dubai for training in Pakistan: 271) The Immigration Officer, Asmita Ashish Bhosale (PW-215) proved the Embarkation card ( X -314 ) that was submitted at the Sahar Airport on 11.02.1993 by A-32 who was flying to Dubai. The Immigration .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

isembarkation card given to him by A-39 while flying to Dubai from Bombay on 08.02.1993. It is submitted that the deposition of PW-244 corroborates the confessional statement of A-39 wherein he stated that he left for Dubai on 08.02.1993 from Bombay. 273) The Immigration Officer, Ajay Krishnaji Lonaare (PW-209) proved the Disembarkation card ( X-306 ) submitted by A-36 at the time of his arrival from Dubai to Bombay on 03.03.1993. This deposition further corroborates the confessional statement o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and A-39) attended conspiratorial meeting at Babloo s residence. (iii) On 10.03.1993, the appellant (A-32) attended conspiratorial meeting at Mobina s residence. (iv) On 11/12.03.1993, the appellants (A-36 and A-39) attended conspiratorial meeting at the Al-Hussaini building. (v) The appellants received weapons training in Pakistan; (vi) On 11/12.03.1993, the appellants participated in filling of RDX in vehicles at the Al-Hussaini building and; (vii) On 12.03.1993, the appellants threw hand gren .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

to Pakistan since his passport was taken from him in Dubai, and accordingly, he had no choice but to follow the instructions. He thus did not willingly participated in the conspiracy but was forced to carry out conspiratorial acts. 276) As against this argument, learned senior counsel for the CBI pointed out that this line of defence has never been urged by the appellant before the trial Court. It is further pointed out that had there been any compulsion, the appellant could have opted out of t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ion, and (iii) riots. It is further contended that there is no record anywhere that someone will take care of the family of the appellant (A-32) after the blasts. In such a situation, appellant would not have willingly participated in such a conspiracy without having thought about his family. In reply, learned senior counsel for the CBI contended that he was fully conscious of the conspiratorial acts and willingly participated in the conspiracy. The loss, if any, suffered by the appellant during .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

r co- conspirators took oath on holy Quran that they will take revenge for the Bombay riots and will not disclose the training in Pakistan to anyone. 278) All the aforesaid acts clearly establish the fact that the appellants knowingly and willingly participated in the conspiratorial acts and were fully aware and conscious of the fact that they were participating in a conspiracy with a grave design. 279) It is further contended by the counsel for the appellants that the Al- Hussaini building is l .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of the appellants and other co-accused, deposition of prosecution witnesses and the testimony of the Approver (PW-2) that RDX was filled in vehicles which were parked in the garages at Al-Hussaini building. The aforesaid acts were the result of a conspiracy and were carried out in a covert manner in the night at the Al Hussaini Building. 280) It is further contended by the appellant (A-32) that there are material inconsistencies between his confession and that of A-39 that A-32 went to Mahim on .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

blast at Mahim. In the light of the materials placed, we hold that the testimony of PW-5 is convincing and even the credibility of the witness has not been shaken in the cross-examination. The testimony of Laxman Patil (PW-5) is further corroborated by the testimony of Santosh Patil (PW-6). A perusal of all the above materials clearly shows that the prosecution has established all the charges and the Designated Court rightly convicted them for the same. Criminal Appeal Nos. 628-629 of 2008 Moham .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

.07.2007 respectively, whereby the appellant has been convicted and sentenced to Death by the Designated Court under TADA for the Bombay Bomb Blast Case, Greater Bombay in BBC No. 1/1993. Charges: 284) A common charge of conspiracy was framed against all the co- conspirators including the appellant (A-44). The relevant portion of the said charge is reproduced hereunder:- During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

uslims by using bombs, dynamites, handgrenades and other explosives substances like RDX or inflammable substances or fire- arms like AK-56 rifles, carbines, pistols and other lethal weapons, in such a manner as to cause or as likely to cause death of or injuries to any person or persons, loss of, damage to and disruption of supplies of services essential to the life of the community, and to achieve the objectives of the conspiracy, you all agreed to smuggle fire-arms, ammunitions, detonators, ha .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

akistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to commit terrorist acts. To harbour and conceal terrorists/co-conspirators, and also to aid, abet and knowingly facilitate the terrorist acts and/or any act preparatory to the commission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the conspiracy to commit terrorist acts, to do and commit any other illegal acts as were necessary for .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ead, 713 injured and property worth about ₹ 27 crores destroyed, and attempted to cause bomb explosions at Naigaum Cross Road and Dhanji Street, all in the city of Bombay and its suburbs i.e. within Greater Bombay and thereby committed offences punishable under Section 3(3) of TADA (P) Act, 1987 and Section 120(B) of Indian Penal Code read with Sections 3(2)(i)(ii), 3(3), 3(4), 5 and 6 of TADA (P) Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Pen .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

appellant (A-44) committed an offence punishable under Section 3(3) of TADA by committing following overt acts: a) He attended a meeting with co-conspirators at Hotel Taj Mahal; and b) He surveyed Stock Exchange Building and Bombay Municipal Corporation Building, along with co-accused for the purpose of committing terrorist acts by planting bombs. At head thirdly; On 12.03.1993, the appellant (A-44) planted a suitcase filled with RDX in Room No.3078 of Hotel Centaur, Juhu Tara Road, Mumbai, whi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o three persons, committed an offence punishable under Section 324 of IPC. At head sixthly; The appellant (A-44), by causing the aforesaid explosion, which resulted in damage of property, by using explosive material, committed an offence punishable under Section 436 of IPC. At head seventhly; On 12.03.1993, the appellant (A-44) planted an explosive laden scooter bearing No. MH-05-TC-16 at Shaikh Memon Street with an intent to cause death and destruction of properties by explosion and thereby com .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

g the aforesaid explosive laden scooter committed an offence punishable under Section 436 of IPC. At head eleventhly; The appellant (A-44), by planting the aforesaid explosive laden suitcase in Hotel Centaur, Juhu Tara Road, which caused damage to the properties, committed an offence punishable under Section 3 of the Explosive Substances Act, 1908 and; At head twelfthly; The appellant (A-44), by planting the aforesaid explosive laden suitcase and by possessing the RDX in the said suitcase unauth .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lso ordered to pay a fine of ₹ 25, 000/-. (charge firstly) (ii) He has been sentenced to RI for 12 years along with a fine of ₹ 50,000/-, in default, to further undergo RI for one year for the commission of offence under Section 3(3) of TADA. (charge secondly) (iii) He has been sentenced to RI for life along with a fine of ₹ 25,000/- , in default, to further undergo RI for 6 months for the commission of offence under Section 3(2)(ii) of TADA. (charge thirdly) (iv) He has been s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ixthly) (vii) He has been sentenced to RI for life along with a fine of ₹ 50,000/-, in default, to further undergo RI for 1 year for the commission of offence under Section 3(3) of TADA. (charge seventhly) (viii) He has been sentenced to RI for 10 years along with a fine of ₹ 50,000/-, in default, to further undergo RI for 1 year for the commission of offence under Section 307 of IPC. (charge eighthly) (ix) He has been sentenced to RI for 31/2 (three and a half) years along with a fi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

I for 6 months for commission of offence under Section 3 of the Explosive Substances Act, 1908. (charge eleventhly) (xii) He has been sentenced to RI for 7 years along with a fine of ₹ 25,000/-, in default, to further undergo RI for 6 months, for the commission of offence under Section 4(b) of the Explosive Substances Act, 1908. (charge twelfthly) Evidence 286) The evidence against the appellant (A-44) is in the form of:- (i) his own confession; (ii) confessions made by other co-conspirato .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

should be taken into account in determining the guilt of the accused rather than adopting an isolated approach to each of the circumstances. Since we have elaborately discussed the issue relating to conspiracy in the earlier part of our judgment, there is no need to refer the same once again. Confessional Statement of the appellant - Mohammed Mushtaq Moosa Tarani (A- 44) 288) The prosecution pointed out the involvement of the appellant (A-44) in the conspiratorial acts which is evident from his .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t Taj Mahal Hotel where Tiger Memon told them that they have to take revenge for the damage suffered by Muslims during the riots and called for their help. (iii) Thereafter, the appellant and others, viz., A-16, PW-2, Bashir Ahmed Usman Gani Khairulla (A-13), Javed Chikna agreed to help Tiger Memon. The appellant, along with Tiger Memon and others, went to survey the BMC building and the Stock Exchange building. (iv) On 06.03.1993, the appellant along with PW-2 and A-13 went to survey the BMC bu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version