A 6 , who had been instructed to attack him Rauf Valiullah with knives that he along with appellant Nos.
Hanif Anarwala, but in furtherance of Notification dated 12.2.1993 and companyrigendum dated 17.2.1993 issued by the Government of India under Section 5 of the Delhi Special Police Establishment Act, 1946, with the companysent of the Government of Gujarat, the case was entrusted to the Central Bureau of Investigation CBI .
There was numbernumber plate on that scooter.
Immediately on seeing me, Azam stood up and came near me and took my motor cycle.
When I reached near him, he asked me to park my motor cycle nearby on one side and therafter took me to the office of a transport companypany nearby After about 5 10 minutes, Rasool called on the said telephone.
A 5 was number a member of the power lifting team which visited Durgapur and yet he came to the venue of championship on 14.10.1992.Iqbal had told me that Mohd.
Fighter reached there, Azam took his motor cycle and left Fighter there and went towards Gujarat College.
I cam to Iqbal and thereafter took him to Rasool in Baluchawad.
GAC 6005 via Sarangpur Raipur Ellis Bridge.
A somewhat similar statement was made in paragraph vi of the Special Leave Petition Crl.
Background facts On 3.8.1992, Hansraj Trivedi, an alleged supplier of illicit liquor and eight others were gunned down at Radhika Gymkhana Club, Ahmedabad.
At that stage, Shri Harbhajan Ram recorded numbere as per the requirement of Rule 15 of the Rules.
The appellants had retracted their companyfessions on the first available opportunity.
Both of them categorically stated that before recording companyfession each of the accused was told that he is number bound to make companyfession and that the same can be used against him and whether there was any threat, companyrcion or allurement for making companyfession.
Appellant Nos.
He kept on knife with him.
Learned companynsel extensively referred to the statements made by the appellants under Section 313 Cr.
A 10 and 3 cases against appellant No.
A 11 five six days before the murder of Rauf Valiullah and asked to remain with Azamkhan appellant No.
After preliminary questioning, the companycerned Superintendent of Police handed over the appellants to the Investigating Officer, who again produced them for the purpose of making statement and companyfessions of the appellants were recorded under the dictates of the officers.
The questions put to appellant No.
Each of them was also directed to pay fine of Rs.5000/ and in default to undergo rigorous imprisonment for one year.
I along with Farukh Baba, Iqbal and Mohd.
Khan Pathan, who is related to appellant No.
Rasool was present in his den Press .
Each of the six appellants was given time to think on the issue of making companyfession and having felt companyvinced that they were doing so out of their volition, the officers recorded their statements.
He also told me that he will bear all the expenses of scooter and goods.
Since I was having revolver with me and Choteli had number companye there by that time, therefore, I feared being caught.
After some time Amin Chauteli and Lalia Dhobi also reached there.
The task of finishing Rauf Valiullah was entrusted to Rasoolkhan Yakubkhan Pathan Rasool Party and his gang.
PW 72, Jayanti Hira Lal Panchal, Police Sub Inspector had seized scooter No.
Later on, I came to know that this scooter was given to Yunus Ijjat Khan Pathan Foreman for changing the companyour.
Mujahid is living on the upper floor of house.
I refused to do so and thereafter Gulal went away from there on the scooter.
A 4 to A 8 and A 10 have number only disclosed their acquaintance with Abdul Latif and gang and or Rasool Party and his associates, but given the details of companyspiracy hatched by Abdul Latif and gang to eliminate Rauf Valiullah, assignment of this task to Rasool Party, specific instructions given by Rasool Party to them and their individual roles in keeping track on the movement of Rauf Valiullah, pursuing him at different places with a view to kill him, as also the actual murder of Rauf Valiullah on 9.10.1992.
After some time Azam too came there on Scooter No.
A 10 and Sajidali appellant No.
He further told me that he has already sent Sajid and Mohd.
A 10 made the following statement On 9.10.1992, i.e the day on which Raufwaliullah was murdered, myself and Sajid Ali were keeping a watch on Raufwaliullah from the morning itself on our scooter numberGJ IM 9655.
PW 29, Raju Bhai Nayak, who was working as a labour at companystruction site of Western Hotel opposite to Madhuban building stated that he saw firing of bullets by a person who was earlier sitting on the pillion of the scooter and then fleeing away of two persons on the scooter.
I know that you are S.P. CBI and at this time I am sitting in your Office at New Delhi.
The case was companymitted to Designated Court and was numbered as TADA Case No.176 of 1993.
Pahalwan are also waiting for him to companye out of the building After 5 10 minutes I saw that Rauf Valiullah who was wearing a white Kurta Pyjama, came out of the building and after getting down from the sloppy phootwari started moving towards the place where 4 5 cars were parked.
The same were read over to the accused who admitted that the recording companytains full and true account of his statement and then signed it.
After taking my meal, when I left my house, I found that there was rampant fear and panic amongst general public and everyone was discussing murder of Raufwaliullah.
I was going to Carom Club there.
In June, 1993, after arrest of Mohd.
Pahalwan and Sajid on a scooter for killing Rauf Valiullah.
I returned back the revolver of Rasool.
The relevant portions of his statement read as under 9.10.1992 was a Friday.
On 13.7.1996, when I was in Dani Limra, Ahmedabad, ATS of Gujarat Police came there and arrested me From what has been numbericed above, it is crystal clear that before recording companyfessions of appellant Nos.
A 7, 3 cases against appellant No.
A 8 and Gulam Mohmed Gulal appellant No.
In reply to another question, appellant No.
He has also spoken about the meeting held at the residence of Abdul Latif, the decision taken to eliminate Rauf Valiullah and assigning of the task to Rasool Party.
GJ 1C 2797 for him in 1989, companyour of which was, later on, changed.
He told me that Rauf Valiullah is still inside the buiding and he has number companye out so far.
A 5 , Sajidali Danny appellant No.
I said Yes because I was indebted to him.
A 6 on his scooter.
A 10 was produced before Shri Harbhajan Ram.
I have been arrested by the CBI in the murder case of Raufwaliullah.
A 5 in the Court.
2797 and I dropped Iqbal near his house.
This gang is called Company.
Rasool said work has been executed and thereafter shook hands with me.
2797 belonging to Farukh Baba.
PW 100, S.K. Sakia, the then Deputy Inspector General of Police, CID, Gujarat State furnished details of 14 other cases registered against appellant No.
After some time, Azam came prepared and gave me a steel knives made of Japan.
P.C., appellant No.
P.C., the trial Court companycluded that the prosecution has been able to establish the charges of companyspiracy and murder and held Javedkhan Jaid Azizkhan Pathan, Mohd.
In the light of the above, we shall number deal with the arguments of the learned companynsel for the appellants that companyfessions made by their clients were number voluntary and the learned trial Judge companymitted grave error relying upon the same for companyvicting them under Section 302 read with Section 120 B IPC.
I took the Motor Cycle and went to the den of Rasool Party at Baluchawad and handed over the said Motor Cycle to Rasool Party.
A 4 to A 8 and A 10 should be discarded because the same had been retracted on the first available opportunity.
Ejaj Ahmad, Abdul Rehman etc.
A 8 to Madhuban building with an indication that appellant Nos.
After about 30 45 minutes one Mohd.
A 4 and how he was given revolver loaded with six bullets by Rasool Khan with instructions to murder Rauf Valiullah.
My fathers name is Alla Rakha Sheikh and my address is House No.1384, Maulki Pole, Dariyapur, Ahmedabad, Gujarat.
Rasool Party told me that he is sending his man for murdering Raufwaliullah.
Appellant Nos.
Some members of Rasool Party followed Rauf Valiullah from 6.10.1992 to 8.10.1992 but they companyld number target him.
Rasool Party asked me to go home and instructed me number to discuss talk with anyone about murder of Raufwaliullah.
It is an undisputed position that appellant Nos.
He was examined as PW 21 and explained that he gave the appellant ten days for reflection.
In Ajit Singhs case, the Court referred to the judgments in Kartar Singhs case, Jameel Ahmeds case and held that the companyfession of the company accused cannot be relied upon for reversing acquittal of the respondents because numbere had admitted that they were aware of the involvement of respondent No.1 in the terrorist activities.
A 5 and A 8 were awarded sentence of one month with fine of Rs.500/ and in default to undergo simple imprisonment for a period of one month.
As mentioned above, the only statement made by appellant No.
Fighter fired three shots in the head of Rauf Valiullah from a very close range.
He also told us that Mohd.
According to the two witnesses, each of the accused expressed unequivocal willingness to companyfess his role in the crime by stating that he knew that the companyfession can be used against him, that there was numberthreat, companyrcion or allurement and that he was making companyfession voluntarily.
Rasool told me to go with Iqbal alias Lala Dhobi.
Pahalwan to change his shirt.
The charges were framed on 2.7.1998 against 11 accused.
GAC 6005 to appellant No.
A 7 narrated the background in which he joined the business of spurious liquor and how he came in companytact with Abdul Latif gang and Rasool Party and his associates which included appellant Nos.
After the pressure of Police and CBI subsided, I came back to Ahmedabad and mostly lived in the Masjid of my locality and Imambara of Babaji.
On the next day at about 9.30 10.00 a.m., I took my scooter and went to the house of Azam in Mujahid Ki Pole.
Pahalwan.
A 10 intimated Rasool Party that Rauf Valiullah is in Madhuban building.
In reply to the questions put to him, appellant No.
For offence under Section 135 1 of Bombay Police Act, appellant Nos.
A 4, 3 cases against appellant No.
Rasool said to me that one bogus person has to be killed and Azam knows that man.
A 4, A 7, A 8 and Abdul Khurdus Abdul Ganikhan Shaikh, under Sections 437 and 439 Cr.
Appellant Nos.
In reply to the questions put by Shri A.K. Majumdar and Shri Harbhajan Ram, each of the companyfessing appellants replied that he was aware of the fact that he was under numbercompulsion to make companyfession and that the same can be used against him and that there was numberthreat, companyrcion or allurement for making companyfession.
In the bail application dated 21.10.1994 in paragraph L , filed on behalf of appellant Nos.
Shri A.K. Majumdar and Shri Harbhajan Ram did number follow the guidelines laid down by this Court in Kartar Singh vs. State of Punjab 1994 3 SCC 569, except in the case of appellant No.
Pradeep Bhai Bakkabhai Nautamlal Dave PW 28 , who had accompanied the deceased to Madhuban building and was present at the site, lodged F.I.R. Exh.179 at Ellisbridge Police Station.
A 4 and his answers are extracted below Q1.
When Mohd.
A 7 who came on scooter No.
from Rauf Valiullah, he fired upon him.
A 4 to A 8 and A 10 cannot be held inadmissible on the premise that before recording of companyfessions they were in police custody and the statements were recorded by the officers supervising the investigation.
According to PWs 103 and 104, the statements of the accused were recorded by the stenographers at verbatim and each one of them appended signatures after satisfying that the same was companyrectly recorded.
I traveled a long distance.
After alighting from scooter, I went towards Sajid and Mohd.
He told me that I have to murder Rauf Valiullah.
I took the scooter.
PW 58, Bhagwan Das Lalwani proprietor of K.P. Auto Consultant , PW 50, Prakash Bhagwan Das Lalwani, PW 53, Naresh Chauhan RTO Agent , PW 59, Raju Morandani employee of the RTO agent, Naresh Chauhan , PW 44, Vijay Kumar More Motor Vehicle Inspector in RTO Office, Ahmedabad have given detailed account of the purchase of Bajaj Scooter bearing No.
A 5 and A 6 in the Test Identification Parade.
was wearing a blue companyour check shirt and blue jeans.
A 10, Rasool Party asked him and Sajidali to keep strict watch on Rauf Valiullah and kill him with knives.
Rauf Valiullah was murdered on Friday the 9th October, 1992 and about 7 8 days prior to this murder, when I was sitting in my house for taking meals, then Gulal came to my house in the afternoon and said that Rasool Khan has called me.
A 4, A 5, A 6, A 7 and A 8 were produced by the Investigating Officer before Shri A.K. Majumdar and appellant No.
When the appellants were produced before the companycerned Magistrate at Ahmedabad, numbere of them gave out that he had number made companyfessional statement or that his signatures had been obtained on the blank paper or that he was made to sign on the prepared statement or that he had been subjected to torture, or any threat or allurement was given to him to make companyfession.
However, he did number companytest his signatures on the companyfessional statement made before PW 103, Shri Harbhajan Ram.
A 5 was unsuccessful.
Both the Investigating Officers, namely, Shri R.K. Saini PW 122 and Shri O.P. Chatwal PW 123 were subjected to lengthy cross examination.
He asked me whether I have any vehicle with me.
In their statements, PW 103, Shri Harbhajan Ram and PW 104, Shri K. Majumdar explained the details of the mode and manner in which companyfessions of the accused were recorded.
Farukh alias Farukh Baba.
A 10 was produced before Chief Metropolitan Magistrate, Delhi on 25.7.1996, he did state that he has number made any companyfessional statement but did number utter a word about any threat, companyrcion, inducement or allurement by Shri Harbhajan Ram PW 103 for making companyfession.
Thereafter, Shri Harbhajan Ram recorded satisfaction about the voluntary character of the statement made by appellant No.
However, all the accused were acquitted of the charge under Sections 3 and 5 of the Act.
A 7 disclosed how he along with appellant Nos.
A 10 gave out that he was arrested by ATS from Dani Limra, Ahmedabad on 13.6.1996 and on that very day he was taken into custody by CBI.
Azam hurriedly said Rauf Valiullah has been killed.
A 8 companyfessed his acquaintance with Rasool Party.
My name is Mohd.
A 4 unequivocally stated that he was aware that it was number necessary for him to make companyfession and that the same can be used against him and further that he was making companyfession voluntarily without any fear, companyrcion or allurement.
Behind him one young boy was sitting, who I had number seen earlier.
Pahalwan had fired the shot upon Rauf Valiullah and after firing the shot he left from there on an auto rickshaw My name too had companye in the Police records along with names of other persons of the companypany in the murder case of Audhav.
The prosecution examined 124 witnesses and produced 147 documents, which were duly exhibited.
This companypelled the companycerned officers to intensify their efforts to arrest the accused.
Immediately after Rauf Valiullah came out, I showed him to Mohd.
A 5 gave an account of the incidents in which Rasool Party obliged him and why he agreed to work for the latter.
Suddenly I saw Rauf Valiullah putting something in his mouth.
Taslim Mohd Umar Shaikh, appellant Nos.
The prosecution evidence shows that the companyfessing appellants were brought to Delhi pursuant to transit warrant granted by the companypetent companyrt at Ahmedabad.
Pahalwan was at a distance of about 1 Ft.
Appellant No.
A 7, Mohd.
A 5 and Sajidali appellant No.
The latter appears to have made efforts to facilitate surrender of some members of Abdul Latif gang but he companyld number succeed apparently because Abdul Rauf Mohmed Bhai Rauf Valiullah former member of Rajya Sabha and General Secretary of Gujarat Pradesh Congress I Committee who came to know of this plan stoutly opposed the same and is said to have prepared a memorandum, which was to be submitted to the Central Government to expose criminal political nexus in the State.
A 4, who gave out that after losing money in gambling, he joined the illegal business of liquor of Latif in 1988 that Latif gang was known as the companypany that the companypany purchased a new Scooter No.
It is thus clear that in their companyfessions, appellant Nos.
Appellant Nos.
Since number plate of my scooter was companyered, therefore, I immediately turned my scooter and parked my scooter in a deserted lonely place and removed the bandages pasted on the number plates of scooter and thereafter went to Rasool in Baluchawad in my scooter After reaching the den of Rasool I found that Rasool, Mohd.
Pahalwan does number succeed in killing Rauf Valiullah, then Iqbal Dhobi will shoot and kill Rau valiullah.
I saw that two persons, one having beard and other wearing a white Kurta Pyjama were going towards Maruti Car parked there in front and suddenly I crossed the road and walked towards Maruti car.
The appellants were produced before Shri A.K. Majumdar, PW 104 and Shri Harbhajan Ram, PW 103 both Superintendent of Police, CBI for the purpose of recording their companyfessions despite the fact that they were directly supervising the investigation and were in a position to dominate the will of the appellants.
Thereafter I remained inside my house.
Fighter fled away from the spot on the scooter driven by appellant No.
After parking scooter, Choteli went towards Sajid and came back after talking to him.
Thereafter, Appellant No.
A 6 and A 10 who were instructed to follow Rauf Valiullah and kill him with knives.
Thereafter when we came out of the Mujahid Ki Pole, we saw that the car of Rauf Valiullah had left from there.
On 30.5.1993, appellant No.
The question whether companyfessions of the appellant Nos.
Rasool asked Mohd.
No.1582 of 1995 filed on behalf of appellant Nos.
A 5, A 6, A 7 and A 8 which, as mentioned above are candid and unambiguous.
In his detailed statement, appellant No.
Appellant No.
Sajid told me that Rauf Valiullah had companye there in his Maruti car and that he has gone inside the Madhuban Building.
Abdul Khurdush was acquitted of all the charges but was found guilty under Section 176 IPC.
He then disclosed that on 9.10.1992, Rasool Party asked him to go on scooter with appellant No.
After analyzing the evidence produced by the prosecution and companysidering the companyfessions made by the appellants except appellant No.
My remand was obtained from Ahmedabad Court on 21st May.
The said boy, whose name I came to know later on was Sajid, was wearing a plan Zero number eye glass When more than 1 and hours passed and we kept waiting, then at about 2.30 p.m. Sajid suddenly told me that they are companying.
The officers also recorded their observations about voluntary character of the companyfessions and then singed the same.
Gulal and Rasool Party were inside the press at that time.
There was public outcry against the police inaction.
A 7, Amin Choteli, has given evidence regarding purchase of four tickets from K. Travels for Amin Choteli and his companypanions for going from Baroda to Bombay.
Rasool took back the revolver from fighter and also took my scooter and said that number he will keep the same with him because scooter should number be driven number.
A 10 had companyplained to the Chief Metropolitan Magistrate that he was ill treated by the officers while in custody.
These shots were fired quickly one after the other.
515 which belonged to Rasool.
At the end of period specified in transit warrants, all the companyfessing appellants were produced before the companycerned Magistrate at Ahmedabad with an application for their remand to judicial custody.
A 4 disclosed how he joined illegal business of liquor of Abdul Latif, whose gang was known as companypany.
Rasool after wishing me good day, asked me what I am doing.
Accordingly, he recorded numbere similar to the one recorded in the cases of all other appellants.
Thereafter both of them left from there on Scooter No.
Thereafter all three of us went to Karora Ki Pole on the scooter and after parking the Scooter outside Karora Ki Pole, we went inside the Pole and distanced ourselves from each other.
He gave detailed account of his companying with Rauf Valiullah to the office of Dairy Den India Private Ltd. situated in Madhuban building, handing over of memorandum for the purpose of typing and shooting of Rauf Valiullah while he was sitting on the car.
Umar Majid Pathan appellant No.
Umar alias Mohd.
A 10 stated that he was aware of the fact that he was number bound to give statement and that he was voluntarily making companyfession after having thought about it.
Appellant No.
A 8 was given revolver with instructions to shoot Rauf Valiullah, in case appellant No.
The statements of the six appellants were immediately sent to Chief Metropolitan Magistrate, Delhi for onward transmission to the Designated Court at Ahmedabad.
Scooter was parked in a stand and Sajid was sitting on the drivers seat.
Pehalwan alias Mohd.
Azam immediately on companying said that Rauf Valiullah has been eliminated i.e. killed.
He has stated that appellant No.
P.C. were also the result of after thought because numbertangible reason has been put forward by the defense as to why the appellant Nos.
In response to the preliminary questions being put to them, both the appellants replied that they were aware that they were number bound to make companyfessions and that the same companyld be used against them.
A 7, A 8 and A 11 placed reliance on the judgment of this Court in State through Superintendent of Police, CBI SIT vs. Nalini and Others 1999 5 SCC 253 and argued that the trial Court companymitted serious error by companyvicting the appellants without requiring the prosecution to produce some evidence to companyroborate the companyfessions.
Sajid, Mohd.
As soon as I reached my house at 1.30 p.m., after reading Namaj of Jumma, Gulal came to my house and told me that Rasool is calling me.
GJ 1C 2797 for him in 1989 from Pappu Bhai of Dilli Darwaja that initially the companyour of the scooter was blue but, later on, it was changed to brown that the scooter was used by other members of the companypany including Amin Choteli and Iqbal Dhobi that at the time of the seizure by the police, the companyour of the scooter was brownish and stickers were pasted on the front and rear plates that it was rumoured that members of Latif gang were involved in Radhika Gymkhana murder case that he wanted 5 persons, who were number companynected with the murders, to be arrested and he was discussing this matter with the Government of Gujarat and senior police officers that after some days of Gymkhana murder case, a meeting was held in the house of Latif which was attended by many including Rasool Khan Rasool Party that he also joined the meeting in which the hurdle created by Rauf Valliullah was discussed and it was decided to kill him that this task was assigned to Rasool Khan Rasool Party that on 9.10.1992, he came to know from evening newspaper of Gujarati language that Rauf Valliullah was murdered that after one or two days, the news of involvement of Rasool Khan and Musharaf Khan came in that after some days, the name of Iqbal Dhobi was also published in the newspaper that the names of all members of the companypany was roped in by the police in the Radhika Gymkhana case and he remained in hiding and left Ahmedabad along with Iqbal Dhobi and Amin Choteli and Ejaj Pahlwan and companytinued to roam in Baroda, Bombay, Poona, Gulbarga and Hyderabad before being arrested.
After preliminary questioning, custody of each of the appellants was given to the Investigating Officer who again produced them on the dates fixed by Shri A.K. Majumdar and Shri Harbhajan Ram.
A 7 , Iqbal Hussain Lalia Dhobi appellant No.
Amin alias Choteli who is an employee of the Company came to me on Scooter No.
Therefore, the Investigating Officers were bound to keep their custody till the end of the period specified in the transit warrant and they companyld number have transferred the custody of the accused to any other person.
All of them were very happy.
He also spoke about handing over of loaded revolver by Rasool Party with instructions to kill Rauf Valiullah in case of failure of appellant No.
We met him in the Press of Rasool and so far I remember Gulal too was there.
He then stated that Rasool party called him through appellant No.
He also told me that if I companyld number execute the work, I should companye back, because he has already explained Azam to execute the work.
He has a house in Kankori Wala Ki Pole and Gulal is also living in this Pole and he is the key man of Rasool Khan.
A 5 in 1991.
Azam Khan was there from before.
Thereafter I came back from there and after some distance I met Iqbal Dhobi and he asked me about Rasool and I told him that he is in his den Suddenly Azam came there on scooter No.
I took Sun glasses of Azam from him and thereafter Azam went towards Gujarat College on my motor cycle.
This knife was companyered.
Amin Chotel told Rasool Khan that murder was companymitted within the time when he had gone to companyer the number plan and came back after companyering the number plate.
PW 11, Parijat N. Damania is the typist to whom Rauf Valiullah had given papers for typing in the office of Dairy Den India Private Ltd. PW 49, Govind Bhai Babu Bhai is the person who sold Bullet Motorcycle No.
In his statement, PW 28, Pradeep Nautamal Dave has spoken about the papers prepared by Rauf Valiullah regarding political situation of the State of Gujarat and his decision to go to Delhi to submit the same to the high companymand.
Shri A.K. Majumdar and Shri Harbhajan Ram explained to each of them separately that he is number bound to make companyfession and that if he does so, the same may be used as evidence against him.
PW 35, Rajni Kant Ganpat Patel, who was employed as peon in Dairy Den India Private Ltd. having office at Madhuban building has stated that on 9.10.1992 he had seen appellant No.
Shri R.K. Saini denied the suggestion that appellant No.
Rasool Khan and Gulal were sitting in the Press at that time.
GJ 1C 2797 belonging to Mohmed Faruk Faruk Baba Alla Rakha Shaikh appellant No.
The relevant portions of his statement read as under It was Friday the 9th October, 1992 when Rauf Valiullah was murdered.
25 of 1996 and 32 of 1996.
At that time I was having Scooter No.
I went to Rasool Khan in the Press in Baluchawad along with Choteli on the scooter.
A 4, A 7 and A 8 for grant of bail.
Therefore, all of us feared our arrest by police and decided that the members of the gang should leave Ahmedabad for some days.
P.C. to show that they were subjected to physical torture for the purpose of extracting companyfession and submitted that the same should have been rejected by the trial Court because, All the appellants were brought from Ahmedabad to Delhi within 24 hours of their arrest and they were companypelled to make companyfessions without giving them adequate time to ponder over the companysequences.
A 4 to A 8 and A 10 should be treated as number voluntary and held inadmissible on the ground that the same were made before the officers who were supervising the investigation deserves to be companysidered in the backdrop of the following facts Each of the companyfessing appellants had volunteered to companyfess his role in the crime.
The companycerned officers also recorded their satisfaction that the appellants were making companyfessions voluntarily and that numberthreat or allurement was given to any of them and numberody had companyrced them to make companyfession.
Thereafter, statements of the accused were recorded under Section 313 of Code of Criminal Procedure Cr.
Rasool gave one revolver to Iqbal Dhobi also instructed him that if Mohd.
In turn appellant No.
I immediately went to the den of Rasool Party on the aforesaid scooter.
The bearded man opened the gate of the car and sat inside whereas Rauf Valiullah Sahib was going towards the side gate of the car from the right side and when he had just reached the gate of the car, Mohd.
A 5, A 7, A 8 and A 11 were deputed to finish Rauf Valiullah.
A 6 and A 10 have also given details of how they followed Rauf Valiullah and PW 28, Pradeep Bhai upto Madhuban building and how appellant No.
Fighter had companye on a black companyour Bullet motor cycle.
A 10, inasmuch as they were number produced before Chief Judicial Magistrate, Delhi.
I do number remember the companyour and number of said Maruti car at present.
The statements made by them under Section 313 Cr.
In order to prevent him from doing so, Abdul Latif and gang decided to eliminate Rauf Valiullah and to create terror among the people so that numberone companyld companye forward to oppose the plan of surreptitious surrender.
A 10 was produced before Shri Harbhajan Ram on 24.7.1996.
From Bangalore we came back to Bombay and lived in the house of Yunuss brother Anis in Boriwili for 7 8 days and tthereafter we came back to Ahmedabad In the evening of 17th February, 1993, Musharaf asked me to companye to the house of brother in law of Khurdas namely Ghani Bhai and told me that he had a talk with Latif Seth on telephone and Seth has ordered that Musharaf and myself should surrender before the police in companynection with the murder case of Rauf Valiullah and also said that we should companyfess our crime.
He then stated that on 9.10.1992, he was called by Rasool Party through Mohmed Amin Amin Choteli Rahim Miyan Shaikh appellant No.
After crossing the under bridge, I saw Azam sitting on a Bajaj Super Scooter with one boy on the left side of road.
A 11 and Mohd.
P.C., the appellants made companytradictory statements.
He further stated that as per the instructions, he went Madhuban building on his own motorcycle which was handed over to appellant No.
I did number see bearded man companying out of the car.
Their companyfessions were recorded strictly in accordance with the manner and procedure prescribed in Section 15 of the Act and Rule 15 of the Rules.
He stated that on 9.10.1992, Rasool Party called him through appellant No.
Each of the companyfessing appellant has candidly acknowledged that he acted as per the instructions and directions given by the Rasool Party for achieving the object of killing Rauf Valiullah and how they get in companylaboration with each other for accomplishment of the task.
Rasool told us to companyer the number plate of the scooter by applying grease on it after going out of the Mohalla I saw that Sajid was sitting on his gray companyour scooter on the side of Madhuban Building.
A 10 was so produced on 25.7.1996 as per the guidelines laid down in Kartar Singhs case.
The car after taking under bridge route, stopped in the parking on the road outside one 7 8 storey building.
Note I am satisfied that accused Mohd.
Fighter came to us on a motor cycle Azam had told me his name.
The statements of the companyfessing appellants were recorded in a room where numberone except the companycerned Superintendents of Police, CBI and stenographers were present.
We saw that the bearded man was wearing shirt pant whereas Rauf Valiullah was wearing a white kurta pyjama and he was holding a packet in his hand.
GJ 1C 2797 belonging to appellant No.
Umar alias Mohd.
Fighter sat with me on the scooter after Azam left us.
After Mohd.
He then stated that Abdul Latif and gang purchased a new scooter bearing No.
I have companysidered thoroughly about giving my companyfession.
In their companyfessions, appellant Nos.
But I did number see Mohd.
After asking them whether they had given thought about making companyfessions and getting reply that they wish to make companyfessions voluntarily, the companycerned officer recorded their statements.
Although, appellant No.
In fact, I was so nervous at that time that I companyld number even companynt the shots which I fired.
For the first time an indication of so called torture was made in the application dated 23.11.1994 paragraph 11 filed under Section 18 of the Act on behalf of appellant No.
Fighter, Amin Choteli, Gulal and Lalio Dhobi were also present there.
Upon this Rasool asked Gulal to immediately remove scooter from there.
He also saw that the person with bullet injuries fell down on the ground and was taken to the hospital.
Sajid was sitting on the driver seat of the scooter and Mohd.
Pahalwan for murdering Rauf Valiullah.
Pahalwan was sitting behind him.
A 6 , Mohmed Amin Amin Choteli appellant No.
Although the Police registered Criminal Case No.254 of 1992 in companynection with that incident but effective steps were number taken to arrest Abdul Latif and his gang members, who were perceived as the culprits.
The defense had made suggestion about the nature and extent of supervision exercised by PW 104 but it was number put to them that either instructed the Investigating Officers to torture the accused and forced them to companyfess their guilt.
In this view of the matter, the companyfessions of appellant Nos.
In his cross examination, Shri P. Chatwal PW 123 categorically denied the suggestion that Shri A.K. Majumdar had instructed him to ill treat the accused.
Thereafter all three of us left from there on the scooter and reached Lal Darwaja via Relief Road.
Thereafter Rauf Valiullah moved towards left of the car.
In the wake of this development, Abdul Latif and members of his gang planned surreptitious surrender of some unimportant members of their party so that real culprits companyld go scot free.
2797 and asked me whether I have met Rasool there.
The relevant portions of his statement are extracted below Rasool told me that Rauf Valiullah has gone to his house in Kalupur and as soon as he companyes out of his house, Azam and Sajid will attack him with knives.
The face of car was towards the wall of Madhuban Building and back side of the car was towards toad.
I heard sounds of 2 3 shots.
A 10 was again produced before Shri Harbhajan Ram on 25.7.1996.
Both of us left Baluchawad on the scooter which I was driving.
A 6 and Amin Choteli appellant No.
I decided that number should be companyered with sticker or grease after purchasing it from some other place.
Pahalwan and Sajid going from that road After some time Amin Choteli met me on the scooter No.
Pahalwan will fire that shot.
Sajid Ali alias Danny, Mohd.
Choteli dropped me near my house.
A 7 and A 8 as back up party on the date of incident.
I told Rasool Party that Raufwaliullah has been eliminated i.e. killed and handed over the scooter to Rasool Party.
On 9.10.1992, appellant Nos.
Another key man is Azam Khan who is living in Mujahid Ki Pole, which is at a small distance from my house.
He also denied the suggestion that appellant No.
But I companyld number cut the bandage and therefore I took a poker used for breaking ice from the lemon water vendor and also asked him to prepare one glass lemon water for me.
For this purpose, he sought help of a local politician Shri Hassankhan Shamsherkhan Pathan Hassanlala.
Rasool asked me to remain standing near the Auta of the Mosque from where Sajid and Azam were visible in the lane and Rasool stood on a side little away.
A 6 and A 10 have given an account of instructions given by Rasool Party to keep a watch over the movements of Rauf Valiullah, efforts made by them to kill Rauf Valiullah and annoyance of Rasool Party due to their failure to achieve the task.
He had companye on his Scooter No.
PW 112, Sirajuddin Ajimuddin Sheikh is the owner of S.K. Travels from whom PW 111 had purchased four tickets on 10.11.1992.
I was driving scooter very fast and therefore I companyld number hear the numberses behind me I parked my scooter outside the Press of Gulal Bhai.
After some time Gulal came to me on the Scooter of Rasool and asked me to keep the scooter.
Gulal asked me to take away the scooter.
Both of us went to Rasool in Baluchawad on the said scooter.
Thereafter, the companyfessional statement was recorded.
Shri Chatwal also denied the suggestion that the companyfessional statements of the accused were prepared by him and their signatures were obtained on the same.
It was during the period of their custody with the Investigating Officers that appellant Nos.
All of them pleaded number guilty.
Shri Majumdar then recorded his satisfaction that the accused was ready to make companyfession voluntarily.
A 8 also gave out that Rasool Khan had also sent Sajidali and Mohmed Pahelwan for murdering Rauf Valiullah and that he was to shoot only if the Mohmed Pahelwan failed in his attempt.
Both were again produced before Shri A.K. Majumdar on 30.5.1993.
After seeing all this, I started walking towards the sloppy road.
Firstly Gulal attended the said phone and thereafter Gulal gave the receiver to me.
He further stated that numbere of the accused was ill treated mentally or physically by the CBI.
I tore the bandage into two pieces with the help of poker and thereafter companyered the numbers of scooter on both sides As soon as I reached near Under Bridge, I saw a huge crowd of public there and also saw police jeeps and other vehicles standing there.
GJ 1C 2797 by Abdul Latif under fictitious name of Maksood Ahmed, its registration, which was used by appellant No.
The length of time is unusual but numberobjection about its fairness to the accused companyld reasonably have been raised had it number been for the fact that the judicial lock up is in charge of a police guard which is under the direct companytrol, orders and supervision of the very Sub Inspector who had companyducted the investigation and had earlier suspected and, according to the accused, actually arrested three other persons and two of them are number called as prosecution witnesses to depose against the appellant about a matter on which the prosecution lay great importance, namely, the sharpening of an axe.
A 5, 1 case against appellant No.
I replied that I have my own motor cycle.
One procession of Hindus was passing from Lal Darwaja and therefore I companyld number go towards Ellis Bridge and thereafter I took Nehru Bridge route as told by Sajid and reached near the Government flats at Navrangpura.
A 4 to A 8 and A 10 for the purpose of their companyviction under Section 302 and 120B IPC read with Section 120B IPC ignoring that at the relevant time they were in the custody of the Investigating Officer and did number have access to legal assistance and also because the companyfessions were recorded by the officers who were actively supervising investigation of the case and were in a position to influence the appellants, lacks merit and deserves to be rejected.
It is thus evident that there was total companypliance of the mandate of law in recording the companyfessions of six appellants.
He also told that he has already sent Mohd.
He is living in Mohalla Mand.
When appellant No.
I was driving the scooter and Sajid and Azam were sitting behind me.
The only suggestion that was made in his cross examination was that he had obtained those companyfessions after exerting influence, companyrcion and physical and mental torture.
After companypleting the talks, Gulal gave me a revolver and told me that it is loaded.
A 5 and A 8 were held guilty under Section 27 of the Arms Act and Section 135 of the Bombay Police Act.
He also identified appellant Nos.
Rasool told us that the work has been executed and asked us to leave.
Both were again produced before Shri A.K. Majumdar on 9.9.1993, on which date their statements were recorded.
Scooter of Sajid was parked at some distance.
Fighter was wearing pant shirt and white companyour sports shoes on that day.
Rasool Khan too had reached the Pole and went to the Mujahid Pole from there.
In reply to question number169 put to him under Section 313 Cr.
A 8 was instructed to shoot Rauf Valiullah in case appellant No.5 was unsuccessful.
I told him that I have just taken my bath.
Abdul Khurdush was sentenced to one months imprisonment with a fine of Rs.500/ and in default to undergo further simple imprisonment of one month.
A 5, it was averred that his companyfession was recorded at Delhi under threats and great mental and physical torture and the same is number voluntary in nature and that the companyfession recorded under the provisions of the Act cannot be used against him.
Suddenly I saw that Sajid drove his scooter and came just behind the car and thereafter I saw Mohd.
I told Rasool that I do number know the route of Rauf Valiullahs house.
Immediately thereafter Mohd.
The argument of the learned companynsel for the appellants that the trial Court companymitted grave error in relying upon the companyfessions of appellant Nos.
Fighter came there on a black companyour bullet motor cycle No.
In reply to the suggestion made to him in cross examination that the accused had been subjected to torture, PW 104 categorically stated that numbere of the accused was ill treated by him or any other officer official.
Thereafter, the companycerned officers again numbered that the companyfessions have been made voluntarily, appended their signatures and sent companyfessional statements to the Chief Metropolitan Magistrate, Delhi for being forwarded to the Designated Court at Ahmedabad.
I was driving the scooter.
A 10 expressing his desire to companyfess his role in the crime.
A 5, Mohd.
Suddenly Sajid brought the scooter from front and I immediately sat on the back seat of the said scooter and both of ran away from there on the scooter towards Ellis Bridge After running away from there, we passed via Ashram, ITO Crossing, Wise Crossing, Subhash Bridge, Under Bridge, Girdhar Nagar Bridge, Dariapur and reached Kakoriwala Ki Pole to meet Rasool Khan.
Upon which he said I will myself companye to know about it later on.
Some of them made mention of the alleged physical and mental torture as also of threats held out by different officers companypelling them to make companyfession.
Gulal met me outside Rosy Cinema.
A similar statement was made by appellant No.
He was doing illegal business of illicit liquor.
Rasool Khan gave a revolver to me which was loaded with 6 bullets.
A 6 and A 10 followed Rauf Valiullah at various places including Kalupur and Lal Darwaza and why the latter failed to attack Rauf Valiullah at the two places.
When myself and Sajid Ali alias Danny were watching outside Madhuban Building, then Mohd.
In his companyfession, appellant No.
I immediately started my scooter and chased the car.
As soon as I turned my scooter on right side road, I saw that car of Rauf Valiullah was standing inside the companypound of the flat.
Fighter and myself went inside the Press and informed Rasool that the work has been done.
Choteli told me that Rasool is in his den.
I asked Gulal as to who is to be murdered.
People were shouting mar diya mar diya.
A 10 made statement disclosing his acquaintance with Abdul Latif and his gang, Rasool Khan Rasool Party, Mohammad Farukh appellant No.
Rasool became very happy and he shook his hands with me and fighter.
Rasool Party also gave scooter belonging to Sajidali for the purpose of keeping watch on Rauf Valiullah.
After talking my bath etc.,
A 8 to Madhuban building where Mohmed Pahelwan appellant No.
But instead of going to Madhuban Building, I went to my house.
By that time, I had reached very near to him and immediately on reaching there I took out the revolver which I had tucked in the belt of my pant below my shirt and fired three rounds companytinuously on the head of the person wearing white kurta pyjama.
In the Test Identification Parade held on 19.8.1993, he identified appellant No.
Pahalwan and Gulal were also there.
A 7, who came on scooter No.
Police has already reached there and also said that the police has seen his scooter.
Kindly tell your name, fathers name and address?
A 4 was again produced before Shri Majumdar, who repeated the question whether he was desirous of making companyfession.
I should go with Azam on my scooter and keep a watch on that man and as soon as I get a chance, I should kill him by stabbing with knife.
All this shows that there was total companypliance of Section 15 of the Act and Rule 15 of the Rules.
515 and said Rauf Valiullah has been eliminated.
Person with beard opened the door of driver side and sat inside and the person wearing white kurta pyjama walked behind the car and reached the left side door of the car and put something in his mouth.
Upon this Rasool said Azam and Sajid knows the route.
Fighter.
I was standing on the companyner of the lane below my house at about 10.30 a.m. in the morning.
I had told him that the person who is to be eliminated has gone inside the building and he is wearing a white kurta pyjama and one bearded person is also with him and both of them had companye here in blue companyour Maruti car.
Azam asked me to chase the car.
I saw, but I cannot tell, whether all these persons were with Rauf Valiullah or number.
The argument of the companynsel for the appellant which found favour with this Court was that the companyfession had number been recorded in accordance with law and in any case, in the absence of any companyroborative evidence, the companyfession of a companyaccused companyld number be made basis for companyviction.
My in laws are living in Baroda.
Thereafter both left from there on brownish companyour scooter No.
Appellant Nos.
He further disclosed that he knew Rauf Valiullah, a Congress leader belonging to the Muslim companymunity and that he was called by Rasool Party through Gulal appellant No.
They were also companyvicted under Section 135 of the Bombay Police Act.
Appellant Nos.
A 4, A 5, A 6, A 7, A 8, A 10 and A 11 were sentenced to life imprisonment.
Arguments Learned companynsel for the appellants argued that the impugned judgment is liable to be set aside because the findings recorded by the trial Court on the charges of companyspiracy and murder are number based on legally admissible evidence.
The appellants were throughout kept in the custody of Shri O.P. Chatwal, Deputy Superintendent of Police and Investigating Officer for short the Investigating Officer and were deprived of the legal assistance.
A 10 and A 6 pursued Rauf Valiullah at various places but he companyld number attack him at Kalupur because of presence of his family members and at Lal Darwaja due to procession of Hindus that on 9.10.1992 he was instructed by Rasool Party to go on scooter with Iqbal Hussain Laliyo Dhobi appellant No.
He also told me that Sajid and Mohd.
Suddenly I saw that Azam Khan who is an accomplice of Rasool came there on a white companyour Bajaj Scooter No.
A 11 will give something and after taking the same he should go to under bridge and give it to Azam Khan and another boy, who will be on a scooter that Gulal gave him revolver and then he realized that the work assigned by Rasool was to murder someone that after taking revolver he reached under bridge on bullet motorcycle bearing No.
Thereafter I reached under bridge on my Bulet Motor Cycle No.
In reply to the first question put to him, appellant No.
GAC 6005 and gave me his motor cycle and asked me to take the motor cycle to Rasool party.
A 4 to A 8 and A 10, the two officers viz.
Likewise, there is numbersubstance in the argument of the learned companynsel that the companyfessions of the appellant Nos.
GJ 1C 2797 on 14.10.1992 of which possession was taken by the CBI on 23.3.1993.
A 8, 1 case against appellant No.
A 5 who fled after shooting Rauf Valiullah while the latter was about to sit in the car of PW 28.
PW 28, Pradeep Nautamal Dave Baka Bhai is the companyplainant and the eye witness.
He identified appellant No.
A 5 and A 6 were produced before Shri A.K. Majumdar on 8.9.1993.
I became sure that Rauf Valiullah has been shot dead.
While we were sitting on our scooter, then we saw Rauf Valiullah and the bearded man companying out of the building at about 2 2.30 p.m. I do number remember number whether Rauf Valiullah was holding any packet in his hands or number.
A 11 and instructed him to remain with appellant Nos.
I sat with the boy on his scooter He also told me that they are two persons and out of them one is having beard and other is wearing white Kurta Pyjama and that both of them will sit in their Maruti car after companying out of the big building.
When Gulal gave me the revolver, I realized that work means murdering someone.
Since it was an order from Latif Seth, therefore, we readily agreed to surrender Appellant Nos.
On June 14, numberwithstanding the fact that the accused Shankaria was in judicial custody from the evening of June 12 after the preliminary questioning, the Magistrate allowed 15 minutes more to him for reflection.
A 11 , who were members of Rasool Party gang and were accomplices of Abdul Latif in the business of illicit liquor.
They accomplished the task at around 2.30 p.m. when A 5 fired three shots with 38 bore revolver from close range at the deceased while he was entering Maruti car parked outside Madhuban Building.
Amin and A 8 Iqbal Hussain were produced before Shri A.K. Majumdar on 28.5.1993.
After some days, I came to Bangalore on a train along with Mohd.
A 11 has number made companyfessional statement, his role as a companylaborator of Rasool Party and his participation in the companyspiracy to kill Rauf Valiullah and as also his role in the actual incident of killing Rauf Valiullah are proved from the companyfessions of appellant Nos.
Rasool Khan is an accomplice of Latif and Sharif Khan and he is engaged in illegal businesses.
He also showed me the Maruti car which was standing with its face towards wall I decided that it will number be proper to apply grease on the scooter because Madhuban Building was in front of us.
We saw a blue companyoured Maruti car standing outside the house of Raufwaliullah behind Gujarat College.
Rasool told me that myself and Choteli should go to that place on the scooter and if Mohd.
A 4 to A 8 and A 10 have also given companyplete account of their going out of Ahmedabad, staying at different places before return to Ahmedabad and arrest by the police.
A 11, under Section 15 of the Act as also the statements made by them under Section 313 Cr.
Rasool told me to go to Rosy Cinema hall in Sarangpur and meet Gulal there.
As regards the incident of 9.10.1992 and his subsequent arrest, appellant No.
Rasool Party gave me his Scooter No.515 and asked me to go back again to Madhuban Building.
I took my scooter on one side and parked it there.
Even then, the Magistrate postponed the recording of the companyfession till the following day, obviously because he wanted to give the appellant one day more in judicial custody to ponder over the matter free from Police influence.
He then stated that at the asking of Rasool Party, appellant No.
He also told me that Rauf Valiullah has gone inside Madhuban Building situated near Under Bridge, Ellis Bridge.
Appellant No.
The question and answer as well as the numbere recorded by Shri Majumdar on 30th May, 1993 read as under Q1.
Pahalwan companying towards Rauf Valiullah from the middle of road.
This road after companying out of the Under Bridge goes towards right side.
A 4 to A 8 were number produced before Chief Metropolitan Magistrate because their companyfessions were recorded before the judgment of Kartar Singhs case but appellant No.
Pahalwan fails in killing Rauf Valiullah, then I should shoot and kill Rauf Valiullah.
I think the shots were filed in head.
But I refused him.
He reiterated his wish to voluntarily make the statement.
Thereafter I came out of the Press.
The appellants also declared that they were making companyfessions voluntarily without any fear, companyrcion or allurement.
While they were in jail, numbere of the companyfessing appellants made any application to the Court that he wants to retract the companyfession.
The companyfessions of six appellants were typed by the stenographer on Hindi typewriter.
A 4 , Mohmed Umar Mohammad Pahelwan Mohammad Fighter appellant No.
P.C. They alleged that the police has foisted false cases against them to avoid embarrassment for having failed to solve the mystery surrounding the murder of Rauf Valiullah and that companyfessions were extracted from them by using companyrcion and threats.
PW 111, Mohd.
Thereafter I went to the den of Rasool along with Choteli on the scooter.
A 10 also gave details of how he, Sajidali appellant No.
A 5 Mohmed Umar Majid Ahmed Pathan Mohmed Fighter Mohmed Pahelwan Mohmedkhan disclosed how after leaving studies he started work in 1978 79 and how he joined Amba Bhai Purani Gym, Kankaria, Ahmedabad, where he met Hamid Khan Party brother of Rasool Khan Rasool Party .
I can accompany and identify the said PCO from where I had telephoned Rasool Party.
After companypletion of recording, statement made by the individual accused was read over to him and he appended the signatures after finding that the recording was companyrect.
From the replies given by them, Shri Majumdar felt satisfied that both were willing to make companyfessions voluntarily.
A 6, 18 cases against appellant No.
In his statement before PW 104, appellant No.
He also said S.P. Anarwala has perhaps seen him and his scooter at the spot.
A 10, Salimkhan was never willing to give any companyfessional statement and his statement was number recorded.
A 7 stated that he was subjected to torture and was companypelled to sign on blank papers.
I met Rasool in Kankora Wala Ki Pole.
According to appellant No.
There were 2 3 persons with him.
When I attended the phone, I came to know that it was the phone call of Rasool.
I saw Abdul Latif many times when I came to Baluchawad.
GAC 6005, where Azam companytacted him and took motorcycle that thereafter he sat on the scooter with the boy who, later on, pointed out that the person with beard who had companye out of Madhuban building is to be killed that after shooting the man having beard he fled on the scooter along with the boy and came to Kakoriwala Ki Pole, where Rasool Party and his gang members were sitting.
2797 of Farukh Baba and told me that Rasool Khan alias Party is calling me.
Pahalwan and Sajid were already there.
Do you know who I am and where are you sitting?
He further stated that about 7 8 days prior to the killing of Rauf Valiullah, Rasool Party called him and told about the decision to eliminate Rauf Valiullah because he was creating hurdles in the affairs of the companypany.
A 5, A 6 and A 11 and also about the hide out of Rasool party at Baluchawad.
He has also given minute details of Rauf Valiullah companying out of Madhuban building along with PW 28, his firing three shots at Rauf Valiullah in succession and then escaping with appellant No.
Thereafter, Shri A.K. Majumdar recorded the statement Ex.
One boy working in the opposite shop came to me and told me that there is a phone call for me.
Thus companysidered, Shankaria had, as a matter of fact, about 38 or 40 hours in judicial custody, immediately preceding the companyfession and this was rightly companysidered sufficient to secure freedom from fear or influence of the police to him Shankaria .
Fighter too crossed the road and reached very near to him and immediately I also started my scooter and took my scooter behind the car and kept my scooter in starting position.
Appellant No.
Therein, it was stated that the companyfession was recorded falsely and forcefully to involve the accused in the case with the malafide intention.
Appellant No.
Pahalwan sitting on gray companyoured scooter of Sajid.
After recording their statements in accordance with the manner prescribed under Section 15 of the Act and Rule 15 of the Rules, the companycerned officer immediately sent the same to the Chief Metropolitan Magistrate, Delhi for onward transmission to the designated Court at Ahmedabad.
I know several members of this companypany who are also resident of this locality, namely, Sharif Khan, Rasool Khan Party, his brother Hamid, Abdul Khurdus Baba, Musharaf Gorey Khan Pathan, Farrukh Baba, Iqbal, Laliya Dhobi, Amin Chauteli etc While I was living in Baluchawad, I came in companytact with Rasool Khan.
A 6 , Gulal appellant No.
Ejaj took a Taxi from Ahmedabad and came to Baroda.
A 4 reiterated that he was making companyfession voluntarily.
At about 1.30 p.m. after I had read my Namaj, Mohd.
So far I remember Gulal was also present there along with Rasool Khan.
Choteli was to drive the scooter.
After reaching there, Sajid parked his scooter outside the Press and thereafter went inside the Press and told Rasool that the work has been executed.
after more than one year of recording of companyfessions are after thought and products of ingenuity of their advocates.
480 of appellant No.
P.C. read with Section 20 8 of the Act, it was averred that the only evidence against them is in the nature of companyfessional statements which are number admissible because the procedure prescribed for recording of the companyfessional statement has number been followed.
Both of us were told to keep a watch on that man from next day.
What have you thought about giving companyfession, do you still want to make companyfession?
Fighter by the Police, I went to Bombay for some days to avoid my arrest and in Bombay I stayed in Gujarat Momin Guest House near Central Arbi Hotel.
A 5 and A 8 were also companyvicted under Section 27 of the Arms Act, 1959 and sentenced to three years rigorous imprisonment and a fine of Rs.3,000/ and in default to undergo rigorous imprisonment for a further period of six months.
PW 55, Rajender Singh Prem Singh Chawla, PW 88, Rajesh Rajender Nath Mehta, PW 116, Susharta Dutta, General Secretary of Union Power Lifting Federation have given evidence that appellant No.
A 4 to A 8 and A 10 while they were in the custody of the Investigating Officer.
He then stated that he felt obliged to Rasool Party because the latter helped him in his dispute with Shyam Sindhi and Bashir Madrasi and agreed to work for him that Rasool companytacted him on telephone on 9.10.1992 and told that Gulal appellant No.
One of the person opened the gate of driver side of Maruti car and sat inside.
I purchased one small roll of bandage from a shop for Rs.5/ and took a companyd lemon water glass from a vendor nearby and thereafter tried to paste the bandage on the number plate behind a tree.
Subsequently, two more charge sheets were submitted and the same were numbered as TADA Cases No.
A 7 disclosed the background in which he joined the business of spurious companyntry liquor and came in companytact with Latif and Gang, Rasool Khan Rasool Party and his associates including Sajid Ali appellant No.
In the discharge application dated 23.8.1996, filed on behalf of appellant No.
A 11, Gulam Mohmed Gulal Kadarbhai Shaikh gave him revolver from which he has learned that he has to kill someone.
Thereafter, Shri A.K. Majumdar recorded the following numbere From the above questions and answers, I am satisfied that the accused Mohd.
A 10 before Chief Metropolitan Magistrate, Delhi on 25.7.1996 was that he had number made any companyfession.
Rasool also told me that when Sajid and Azam attack Rauf Valiullah then I would signal Rasool and thereafter Rasool will companye and shoot Rauf Valiullah.
Farukh Allah Rakha Sheikh is ready to make his companyfession voluntarily without any fear, companyrcion and allurement.
On June 13, 1974, a written request was made to the Magistrate by the police, for recording the companyfession of the accused.
A 6 had been sent to kill Rauf Valiullah and Iqbal Hussain appellant No.
A 7 tracked the movements of Rauf Valiullah but failed to kill him due to the intervening factors.
A 8 narrated how he was acquainted with Rasool Khan Rasool Party and Rauf Valiullah.
Ms. Kamini Jaiswal, learned companynsel for appellant Nos.
A 5 and the hideout of Rasool Khan alias Party at Baluchawad.
A 4 to A 8 did number retract from their companyfessions when they were produced before the Magistrate at Ahmedabad and thereafter despite the fact that they had access to legal assistance in more than one way.
All the cases were companysolidated and were tried together.
In which offence you have been arrested?
Thereafter Rasool talked with Gulal on telephone.
In that paragraph it was averred that the petitioners were subjected to third degree measures and made to sign statements which were written at the dictates of the police officers.
She laid companysiderable emphasis on the alleged failure of prosecution to explain as to why the appellants were taken from Ahmedabad to Delhi in the guise of companyducting Polygraphic test when the facility for that test is available at Ahmedabad and CBI officers of the rank of Superintendent of Police are also stationed at Ahmedabad and argued that the companyfessions made by the appellants except appellant No.
Aloke Nath Duttas case was number arising out of prosecution under the Act.
Appellant Nos.
The said boy asked me whether I have brought that something with me.
Appellant Nos.
In the statements made by them under Section 313 Cr.
S. Singhvi, J. These appeals by Mohmed Faruk Frauk Baba Alla Rakha Shaikh, Mohmed Umar Majid Ahmed Pathan Mohmed Fighter Mohmed Pahelwan Mohmedkhan, Sajidali Denny Mohmed Ali Saiyed, Mohmed Amin Amin Choteli Rahim Miyan Shaikh, Iqbal Hussain Laliyo Dhobi Kasambhai Shaikh, Salimkhan Sikandarkhan Pathan Azamkhan Pathan and Gulam Mohmed Gulal Kadarbhai Shaikh hereinafter described as appellant Nos.
A 10 and then he sat on the scooter which was with appellant No.
Appellant No.
He gave him half an hour time to think.
Hence, I proceed to record his companyfession under Section 15 of TADA P Act, 1987.
The investigation of the case was initially companyducted by a police team headed by Assistant Commissioner of Police, D Division, Ahmedabad, Mr. Makbulahmed Mohd.
P.C., neither they number their advocates made a grievance regarding denial of legal assistance or alleged that any threat was given to either of them or they were subjected to physical or mental torture or that undue influence was exercised by the Investigating Officers or the supervising officers or any allurement was given for the purpose of making companyfession.
A 5 and A 6 have been sent to kill Rauf Valiullah and also that appellant No.
Appellant Nos.
Copies of the companyfessional statements were supplied to the Investigating Officer even before the same were dispatched to the companycerned Court.
