TMI Blog2002 (3) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... version that on 11.09.1993 Mr. M.S. Bitta, the then President of Indian Youth Congress (I) was in his office at 5, Raisina Road, New Delhi. At about 2.30 p.m., Mr. Bitta left the office and the car in which he was travelling came out of the main gate of 5, Raisina Road and one pilot car, in which security personnel provided to him were sitting, was ahead of his car. The pilot car slowed down in order to take right turn on Raisina Road. In the meantime, one bus came on Raisina Road, from the side of Windsor Palace. At that time, there was an explosion in a car parked outside 5, Raisina Road. Though, Mr. Bitta was not hurt badly, a number of other vehicles parked on the road and footpath caught fire. Because of the bomb blast nine persons succumbed to the injuries and 29 other persons sustained injuries. During the course of investigation, it was learnt that Kuldeep, Sukhdev Singh, Harnek, Devenderpal Singh and Daya Singh Lahoria, all members of KLF, a terrorist organisation, were behind this blast and their aim was to assassinate Mr. Bitta. It is the further prosecution version that secret information was received that appellant Devender Pal Singh who was in custody of German autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used. Along with the disclosure statement and personal search memo, he was handed over to ACP K.S. Bedi who conducted the investigation of this case. In cross-examination, he has denied that Devender Pal Singh had not made any disclosure statement and that his signatures were obtained on blank sheets. Now, as against this, we have to consider the evidence of PW130 Mr. K.S. Bedi, ACP. It is his say that on the relevant date he was posted in Operation Cell, Lodhi Colony. He received information that an KLF extremist namely Davenderpal Singh @ Deepak has been detained in Germany in the last week of December, 1994, he was trying to get released from there and that he would proceed to Pakistan or he may be deported to India. He along with other officers went to IGI Airport to check the incoming passengers from Frankfurt, Germany. At 2.30 a.m., Lufthansa Airlines Staff handed over the accused who was having forged travelling documents to PW 37. He tried to swallow a capsule in plastic foil which was caught and after this he disclosed that his name was Devender Pal Singh. On that basis, IGI airport staff registered a case vide FIR No.22 dated 19.1.1995. It is his further say that on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cross-examination, he has stated that he had not produced the copy of the confessional statement or the original before the learned ACMM when the accused was produced before him. He also admitted that before the accused was produced before ACMM on 24.1.1995, he was formally arrested by the police of Police Station Sriniwaspuri. He also admitted that Investigating Officers of the case pertaining to P.S. Sriniwaspuri and Punjab Police were present inside the court when the accused was produced before the ACMM. He has denied the suggestion that accused was put under fear and duress or that he was warned not to reveal the true circumstances under which the confessional statement was recorded or that in case he so reveals, he would be done to death by Punjab Police. PW121 Mr. B.S. Bola, DCP recorded the confessional statement of accused. In the cross-examination, he has admitted that he was aware about the entire facts of the case prior to the recording of the statement of the accused under Section 15 of TADA. The prosecution also led the evidence of PW131 ASI Kamlesh who recorded the confessional statement on the computer as per the dictation of accused which is running into nine p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Officer Mr. K.S. Bedi has improved his version by stating that accused tried to swallow cyanide capsule when he was arrested. As against this, it is the say of PW37 Severaia Kujur and PW83 Inspector Tej Singh that accused was handed over to them by the staff of Lufthansa Airlines and nowhere they stated that at that time accused tried to swallow any pill. It appears that Mr. K.S. Bedi tried to give colour to the story that appellant tried to swallow the cyanide pill. If that story was genuine, necessary panchnama of the cyanide pill would have been made at the spot. Further, it is admitted position on record that during the course of investigation of the bomb blast, the police had learnt that Kuldeep, Sukhdev Singh, Harnek, Devenderpal Singh and Daya Singh Lahoria, who were members of KLF, a terrorist organisation, were behind the blast. Therefore, it would be difficult to believe that the IO Mr. Bedi had gone to the Airport only for keeping a watch. On the contrary, Mr. Bola has admitted that on his instructions, ACP KS Bedi had gone to the Airport to arrest the accused on the basis of intelligence reports of involvement of accused and his group in the bomb blast case. Ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Officer at the relevant time. Admittedly, the accused was in police custody. Thereafter he was handed over to the Punjab Police. Further, from the record it appears that accused was wanted in bomb blast case since 1993 and as soon as he arrived at the IGI Airport, he was arrested and was handed over to PW130 Mr. K.S. Bedi, ACP. It is stated that Mr. Bedi also recorded the disclosure statement of the appellant on 21.1.1995, wherein he admitted his involvement in the bomb blast case. Thereafter, confessional statement under Section 15 of the TADA was recorded by DCP B.S. Bola. In such state of affairs, doubt may arisewhether the accused has made any confessional statement at all. In Kartar Singh v. State of Punjab [(1994) 3 SCC 569], this Court observed thus: - Though it is entirely for the court trying the offence to decide the question of admissibility or reliability of a confession in its judicial wisdom strictly adhering to the law, it must, while so deciding the question should satisfy itself that there was no trap, no track and no importune seeking of evidence during the custodial interrogation and all the conditions required are fulfilled. In such case it would be u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hallenge made to the fact that it was not made truthfully. In the confessional statement it is mentioned that accused hired rooms at Sahibabad, Jaipur and Bangalore. Merely because some house numbers are mentioned in confessional statement, it cannot be held that as house numbers are found by police officers, it is a corroborative piece of evidence. None of the neighbours has deposed before the court that the accused stayed in the said houses. To write such numbers is easy for investigating officers because they were investigating the case from the date of the bomb blast i.e. since 1993. No independent witnesses or landlord came forward to depose that accused resided in the said premises or took it on lease. No incriminating articles were found from the said house or places mentioned in confession to connect the accused with the crime. Even PW80 Harcharan Singh who sold the car which was seized at the scene of offence in 1993, has not stated that appellant-accused purchased the said car or that acquitted accused Daya Singh purchased the same. PW44 Prehlad Sharma, property dealer of Sahibabad, Ghaziabad, stated that in August,1993 he had arranged a house on rent basis for two boy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere chalked out to eliminate M.S. Bitta because Keepa felt that he is speaking to much against their movement and the militants. Keepa along with Charni went to Punjab and took out one quintal of RDX and left it with one Pawan Kumar @ Chajju at Ludhiana. They came back and sent Harnaik @ Chottu to bring this RDX to their Sahibabad hideout. Part of this consignment was brought by Pawan Kumar which was handed over to Kuldeep Keepa at Delhi Karnal Border. Harnaik @ Chotu got the steel container fabricated for the bombs. Daya Singh Lahora went to purchase an Ambassador Car which was subsequently used in the bomb blast. The cordless telephone was purchased from Ludhiana by Harnaik. On 2nd September, 1993, Kuldeep Keepa and Navneet Kadian conducted the reccee of the office of MS Bitta at 5, Rai Sina Road, New Delhi. Next day, Kuldeep Keepa, Navneet, Sukha @ Sangatpuria, Harnaik, Lahoria and myself again came to the office of Bitta to watch the proceedings. We made two attempts on 6th and 9th September, 1993. On 6th September, 1993, the mechanism did not work and we could not trigger the blast. On 9th September, 1993, MS Bitta did not come to the office. Myself and Kuldeep Keepa fixed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oria went to the hospital and registered himself under the name of V.K. Sood on the date of incident and left the hospital after getting First Aid. In any set of circumstances, none of the main culprits i.e. Harnaik or Lahoria is convicted. In these set of circumstances, without there being corroborative evidence, it would be difficult to solely rely upon the so-called confessional statement and convict the accused and that too when the confessional statement is recorded by the investigating officer. For this purpose, it would be worth-while to refer to the decision in Topandas v. State of Bombay [AIR 1956 SC 33 para 6]: - Criminal conspiracy has been defined in Section 120-A Penal Code: When two or more persons agree to do or cause to be done (i) an illegal act, or (ii) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy. By the terms of the definition itself, there ought to be two or more persons who must be parties to such an agreement and it is trite to say that one person alone can never be held guilty of criminal conspiracy for the simple reason that one cannot conspire with oneself. If, therefore, 4 named individuals ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
