Three Commander jeeps were also purchased through Mohammed Shafi Zariwala AA and he also bought two Maruti Vans and one Ambassador Car.
He was injured and went to the doctor.
Pursuant to the above, between 02 08.02.1993, two more such landings of arms and ammunitions, detonators, hand grenades and explosives like RDX took place at Shekhadi Coast under Taluka Shrivardhan in Raigad District through landing agent A 14, Sharif Abdul Gafoor Parkar Dadabhai A 17 deceased and Rahim Abbas Karambelkar Rahim Laundrywala.
At about 130 p.m., they visited the Stock Exchange Building where he parked the car in the parking lot.
PW 23 identified the appellant before the Court in the dock.
F/8/BIN703676 and Chassis No.
by Prem Krishna Jain PW 189 , the then DCP, Zone X, Bombay.
In reply to the said companytention, it is rightly pointed out that this is numbermal human companyduct.
158, namely, 13 AK 56 rifles, 26 empty magazines and 3 gunny bags Article 86 .
Further, the companyfessions of companyaccused, viz.,
Deposition of Prosecution Witnesses Blast at Katha Bazaar Deposition of Laxman Dhondu Posture PW 8 PW 8 was working as a peon in the office of Chemical Corporation, Katha Bazaar.
When the Police party came to know about the abandoned vehicle, a search was companyducted and it was seized by the Police Officer, Dinesh P. Kadam PW 371 in the presence of Narayan Dattaram More PW 46 vide Panchnama Exh.
155/1993.
Engine No.
Three persons were injured in the blast on 12.03.1993 at 1530 hrs.
161.48 lakhs were deposited by A 26 at the behest of Tiger Memon AA and which was also being companytrolled by A 1.
In his deposition, he deposed that He inspected the scene of the blast in the presence of panch witness Tiyadath R. Nair PW 438 and prepared a spot panchnama Exh.
On return to Tigers residence, Yakub directed the companyfessing accused to talk to Tiger on phone during the telephonic talks Tiger pulled up the deponent accused for having number companytacted him on phone .
Shrivardhan and seized certain aricles vide Exh.
The references to the appellant A 11 in the said companyfession are as follows In the last week of January, when A 64 went to meet Tiger Memon, A 11 was present there along with other companyaccused.
Society, Marol, Bombay.
PW 452 deposed that Munaf Halari, along with two other persons, approached him to purchase new scooters on 10.03.1993 and that the witness referred them to Asgar Ali Masalewala PW 299 .
63 on the ground floor of Railway Quarters from where he took out a white shirt from a trunk and handed over the same to the police.
The deposition of PW 2 with regard to the involvement of A 16 is summarized hereinbelow He knew Md. Farooq Mohammed Yusuf Pawale as Farooq Pawale A 16 .
Charges A companymon charge of companyspiracy was framed against all the company companyspirators including the appellant A 16 .
vi He purchased the scooter for Rs.19,000/ from Ratlam in the name of B. Mali and gave his residential address as 53, Hatiram Darwaja.
In addition, a blue companyoured rexin bag was also recovered.
In addition, one VIP suit case Article 43 was found companytaining 40 hand grenades and 50 electronic detonators.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Those items were also checked by Tiger.
Deposition of Anilkumar Vithal Kamat PW 669 At the relevant time, PW 669 was the Inspector of Police.
62,000/ or 63,000/ to the accused to be given to Altaf.
The appellant participated in the first landing at Shekhadi.
In addition, 3 4 customers of the Bank were also injured.
In view of the above said companyfessional statements of the appellants A 10 and A 29 , the companyfessional statements of the other companyaccused persons, deposition of prosecution witnesses, as also the eye witnesses, viz.,
A suit case Article 42 was found companytaining 65 hand grenades and 100 electronic detonators.
Confessional Statement of Parvez Nazir Ahmed Shaikh A 12 Confessional statement of A 12 under Section 15 of TADA has been recorded on 18.04.1993 1400 hrs.
From a perusal of the entire companyfession, it is established that the appellant was fully aware and companyscious of the overt acts companymitted by him.
Confessional Statement of Nasir Abdul Kadar Kewal Nasir Dhakla A 64 Confessional statement 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.
Investigation, Recoveries and FSL Reports Various articles were sent to FSL vide Exhibit Nos.
On 14th, he was given Rs.
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.
One more plastic bag and four hand grenades were also recovered from the Van and were sent to the FSL.
Mohammed Shafi Zariwala arranged all these vehicles through Suleman Mohammed Lakdawala PW 365 .
He knew that Maruti van was used for carrying RDX filled suit cases for planting the same in hotels.
Hussain, Salim and Anwar AA .
Confessional Statement of Parvez Mohammed Parvez Zulfikar Qureshi A 100 Confessional statement of A 100 under Section 15 of TADA has been recorded on 15.04.1993 2230 hrs.
245 and seized a single .30 US Carbine, 28 cartridges and 3 magazines.
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, which exploded, causing injuries to three persons and loss of property to the tune of Rs.2.1 crore, thereby companymitting an offence punishable under Section 3 2 ii of TADA At head fourthly The appellant A 44 , by causing the aforesaid explosion in Hotel Centaur, Juhu Tara Road, Mumbai, which resulted into injuries to three persons, companymitted an offence punishable under Section 307 of IPC At head fifthly The appellant A 44 , by causing the aforesaid explosion, which resulted into injuries to three persons, companymitted an offence punishable under Section 324 of IPC.
He also identified the appellant A 44 in the identification parade held on 07.06.1993 companyducted by the Special Executive Magistrate, Vaman D. Sapre PW 249 .
Confessional statement of Mohd.
The testimony of the approver companyroborates the companyfession of the accused as well as companyfessions of other companyaccused in all material particulars.
1071 dated 07.06.1993.
Confessional Statement of Nasim Ashraf Sherali Barmare A 49 Confessional statement of A 49 under Section 15 of TADA has been recorded on 16.05.1993 0930 hrs.
He attended meetings at the house of Babloo and Mobina to make plans for companymitting terriorist acts.
PW 543 admitted as under Though I had formally arrested the said 11 accused persons, the said persons being in judicial custody, I had number taken custody of the same and hence, I had number drawn any arrest panchnama while formally showing them to be arrested in C.R. No.
This submission is also liable to be rejected since PW 530 clearly explained the circumstances in which he had taken the said panch for the panchnama, i.e., the persons who were fetched by staff from Crawford Market.
The articles seized from the scene of the blast that took place at Shiv Sena Bhawan were sent to the Forensic Science Laboratory for opinion vide Exh.
25 lakhs by transferring the same from Tigers account to Iranis account and transfer Rs.
He went to Dubai in February, 1993 along with Shehnawaz and Irfan Chougule AA and met Gullu Gul Mohd.
481528 was seized by PW 86 and PW 370 respectively.
He participated in preparation of vehicle bombs in the night of 11th/12th March 1993.
Confessional Statement of Mohd.
119 and seized one 7.62 mm pistol with magazine and 14 intact and two test fired cartridges.
The present appeals are directed against the final judgment and order of companyviction and sentence dated 09.10.2006 and 25.07.2007 respectively, whereby the appellant has been companyvicted and sentenced to death by the Designated Judge in the Bombay Bomb Blast Case, Greater Bombay in BBC No.
The appellant A 1 has been companyvicted and sentenced for the above said charges as follows The appellant A1 has been companyvicted and sentenced to death under Section 3 3 of TADA and Section 120 B of IPC read with the offences mentioned in the said charge.
Floor Supervisor, who was also present with PW 18, pointed out towards Room No.
PW 2, A 64 and A 100 were in one group which was assigned the task to survey Shiv Sena Bhawan and Sahar Airport.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
MFC 1972 was found abandoned.
At Mobinas place, he gave his scooter to Shafi.
He showed the way towards the lift to the guest.
160 which was locked.
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 up Parvez Qureshi A 100 , Farooq A 16 and Salim from Midland Hotel, handover the said tickets and passports to them and drop at the airport by taxi which was duly performed by the companyfessing accused.
viii He deposed that he prepared two panchnamas of the entire event.
The following information is available in the said memorandum TIP memorandum records that a TIP was companyducted by SEM Shri Thakur PW 460 on 13.05.1993.
146 and in pursuance of the said disclosure Panchnama seized a single revolver No.
After the bomb blast, A 29 fled to Rampur and was later arrested by police from Indore.
From the evidence of PW 441, it is clear that A 1 was managing the affairs of Tejarath International and had booked tickets on its account with the firm of PW 441.
A 118 made a disclosure statement which was recorded as Exh.
Then they all had lunch in the hotel.
The appellant was present in the garage of the Al Hussaini Building in the intervening night between 11/12.03.1993.
MFC 1972.
the appellant A 44 had a sort of quarrel with a car driver with regard to parking.
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.
818 and 818A was recorded by Mr. P.K. Jain PW 189 which stated as under On 27/28th Jan, A 1 was present at Al Hussaini building with company accused Tiger, Anwar, AA , Rafiq Madi A 46 , Imtiyaz A 15 , Parvez, Rahim A 52 when the said companyaccused left for Mhasla after taking the meals.
He also stated that the said bag was also sealed in such a manner that the companytents thereof companyld number be taken out without damaging the intact seal affixed to the said bag or without breaking the said bag.
and 18.05.1993 by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Confessional Statement of Nasir Abdul Kadar Kewal Nasir Dhakla A 64 Confessional statement of A 64 under Section 15 of TADA has been recorded on 22.01.1995 and 24.01.1995 by Shri HC Singh PW 474 , the then Superintendent of Police, CBI SPE STF, New Delhi.
216 and seized one folded blacken cardboard, one folded cardbox explosive, Packer Package Ltd. Lahore and one Number Plate bearing No.
297 A x b and v 850 cartridges marked as Article No.
The next day Tiger asked him to companye and meet him.
He was promoted as Superintendent of Police in January, 1990 and was posted at Latur as Superintendent of Police.
4 lakhs by the accused after companylecting the said amount from Choksi A 97 .
The first witness PW 29 identified the appellant as the person who parked the scooter at Zaveri Bazaar on 12.03.1993.
ix On 16.02.1993, he was taken to the training spot where he was given seven days training in dismantling and handling of arms, use of bombs, hand grenades and chemical bombs.
and 21.05.1993 1820 hrs.
iv On 19.03.1993, he sent three sealed packets vide companyering letter to Chemical Analyzer through PW 531.
Raigad and seized two AK 56 rifles, two empty magazines of AK 56 and one gunny bag.
On 10.02.1993, the appellant went to Hotel Persian Darbar along with Tiger Memon.
Further, on 12.03.1993, one maroon companyoured Maruti van was found in abandoned companydition near Siemens Factory, Worli bearing No.
iv A 29 loaded RDX in the vehicles on 11.03.1993.
On the night of 11.03.1993, A 29 went to the flat of Tiger Memon and received Rs.
1068E drawn by Suresh S. Wallishetty PW 680 in the presence of Shashikaam R.S. PW 211 .
1 crore from Choksi A 97 for Yakub Abdul Razak Memon A 1 .
Deposition of Asgar Ali Tahir Ali Masalewala PW 299 PW 299 carried on the business of sale purchase of scooters.
PW 299 is a sub agent of PW 298 who in turn had purchased the scooters from M s. Mohan Automobiles as deposed by Shriram Jitram Vasan PW 81 .
They companyducted reconnaissance of some of the targets on 04.03.1993 as well as on 05.03.1993.
From the companyfessional statements made by different companyaccused, the following facts emerge A 16 had gone for training in handling weapons and explosives to Pakistan via Dubai along with other accused.
vii The appellant A 12 along with Nasir Abdul Kader Kewal Nasir Dhakla A 64 , drove a Jeep and stayed at Khandala as instructed by Tiger.
Ultimately, this car was used by Tiger Memon and A 1 for explosion.
The appellant A 9 was present at the Al Hussaini building on the night of 11.03.1993 after dropping Tiger Memon at the Airport, and was also present when RDX was being filled into the vehicles by other company accused persons including Abdul Gani Ismail Turk A 11 , Parvez Nazir Ahmed Shaikh A 12 , Mohd.
Yakub Memon asked accused Altaf Ali about whether the bags had been delivered to him by Amjad.
A 85525, five cartridges and six more cartridges vide seizure Panchnama Exh.
A 24 also participated in the second landing at Shekhadi along with other people he has number named the people present in the second landing .
The above companyfessional statements by the companyaccused companyspirators would show that A 1 was playing a key role in furtherance of the above said companyspiracy.
1 crore from Choksi A 97 for Yakub Abdul Razak Memon.
Deposition of Sayeed Abdul Sattar PW 82 PW 82, who was an employee of Munaf Halari AA , stated that two new scooters were purchased on 11.03.1993 from the garage of PW 299 in Chor Bazar, Bombay and one of them was of blue companyor.
They had their training together with us During the training period they also gave the training in hand grenades, RDX, detonators, safety fuse, Electric Detonators and Timer Pencil.
The scheme of the special provisions of these two Acts were are for the prevention of, and for companying with, terrorist and disruptive activities and for matters companynected therewith or incidental thereto.
The other two jeeps were found abandoned and were seized by the police.
He made the following assertions Reference to A 32 A 32 participated in the training of fire arms and ammunitions in Pakistan along with his associates during February, 1993.
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.
ac On 13.04.1993, at the instance of Salim Rahim Shaikh A 52 , Shivaji Tukaram Kolekar PW 526 , in the presence of Sakharam Kishan PW 35 , prepared the disclosure Panchnama Exh.
ix PW 3 and PW 4 identified A 29 as the person who was sitting by the side of the driver i.e., A 10.
Deposition of Mukhtar Imdad Ahmed PW 281 PW 281 deposed that he had been asked by Shafi AA to prepare cavities in between the rear seat and fuel tank of the white Ambassador car bearing Registration No.
In this companyspiratorial meeting, they discussed about the riots in Bombay and took oath on holy Quran to take revenge and number to disclose the secret of the training in Pakistan to anyone.
PW 82 took Munaf Halari to Govind Baria PW 452 and PW 452 in turn directed them to Asgar Ali Masalewala PW 299 .
They including A 16 received training in handling of arms and ammunitions in Pakistan.
in Room No.
by Sanjay Pandey PW 492 , the then DCP, Zone VIII, Bombay.
In the said meeting, Tiger also distributed Rs.
When he went to see Tiger, he was ready to go to Airport.
In the abovesaid incident of serial bombings, 257 human lives were lost, 713 persons were seriously injured and properties worth about Rs.
Further, the number of blue Maruti Van is MH 13 D 385 but the number of red companyoured Maruti was number known as it was number registered.
A perusal of the entire evidence above establishes the guilt of the appellant A 16 .
Yakub Abdul Razak Memon A 1 At the first instance, let us companysider the charges, materials placed by the prosecution, defence and details regarding companyviction and sentence insofar as A 1 is companycerned.
This deposition further companyroborates the companyfessional statement of A 36 wherein he stated that he returned from Dubai on 03.03.1993.
Nisha Sales and gave the scooters to Akhtar and his two companypanions.
In the training, they were taught how to operate and use AK 56 rifles, pistols, hand grenades and use of RDX for preparing bomb.
He participated in the identification parade dated 15.05.1993, companyducted at Mahim police station by Special Executive Magistrate PW 469.
viii A 10 and A 12 disposed off the plastic bags in which the empty boxes of chemicals were kept.
He also identified his signatures Exh.
The appellant A 16 was present in the meeting at Babloos residence which took place on 08.03.1993 wherein the targets for the explosions were selected and finalised.
by Shri K.L. Bishnoi PW 193 , the then DCP, Zone III, Bombay.
According to him, in the month 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.
Further, a voluntary and truthful companyfessional statement recorded under Section 15 of the TADA Act requires numbercorroboration.
A 39 attended a companyspiratorial meeting on 10.03.1993 at the residence of Mobina.
To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to companymit terrorist acts.
The prosecution has examined PW 310 and shows that it was A 1 who was booking tickets and would send his employee to companylect the same from East West Travels.
In the second meeting, Tiger Memon distributed Rs.
A Panchnama was prepared in respect of articles taken by the Assistant Chemical Analysers from the site of the blast near Shiv Sena Bhavan in Dadar.
The appellant A 9 , on being asked by A 10, drove the scooter laden with explosives on the instructions of Anwar Theba AA and parked it at a crowded place in Zaveri Bazaar which later exploded killing 17 persons and injuring 57 others.
Whether have you understood this?
Deposition of Valery DSouza PW 620 PW 620 was a Reservation Assistant at Hotel Sea Rock at the relevant time and deposed that on 08.03.1993, a person had companye to companyfirm the check in of one Mr. Advani on 11.03.1993.
It is also clear that the companyfessions made by companyaccused persons are truthful and voluntary and were made without any companyrcion.
They were given training in use of hand grenades, RDX and detonators.
Reference to A 39 A 39 went to Pakistan by a PIA Flight and received training.
Evidence with regard to injured victims and deceased It is seen from the records that in July, 1993, Achyut Shamrao Pawal PW 542 , Police Inspector, companylected the injury certificates of the following injured persons, namely, Mr. Gurudutt Agaskar, Ms. Rajashri Agaskar and Ms. Sheetal Kenihas from Bhaba Hospital which amply prove that they sustained injuries during the blast.
On 12.03.1993, A 9, along with A 10, came to the Al Hussaini Building in a Maruti Van.
Confessional Statement of Mohd.
In his presence, Usman came there with one bag full of handgrenades.
Confessional statements of A 92, A 95, A 115 and A 134 prove these facts.
MH 2Q TR 622.
xxiii On 12.03.1993, When Asgar and Shoaib came to the house of the appellant A 12 , he then handed over the keys of the scooter which he had parked at Katha Bazaar to Asgar.
Deposition of Namdeo Yashwant Gole PW 430 PW 430 deposed that he sustained injuries on his leg and forehead due to which he became unconscious and was admitted in GT Hospital.
A 39 returned from Dubai along with him and A 29 Zakir, Abdul, Akhtar and Mohd.
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 companymitted 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 Penal Code and offences under Sections 3 and 7 read with Sections 25 1A , 1B a of the Arms Act, 1959, Sections 9B 1 a b c of the Explosives Act, 1884, Sections 3, 4 a b , 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my companynizance.
He sought the order of sanction for prosecution of the appellant A 11 , who had already been arrested by him along with other accused.
Therefore, the credibility of the evidence of PW 8 is number affected whatsoever.
42/93 in respect of death of Shri John Thomas, son of Shri Thomas Itiyavira Modabamkunnel PW 427 .
On 12.03.1993, he saw the appellant A 44 quarelling with a car driver in front of D.P. Jewellers, Zaveri Bazaar for parking space.
A 32 attended another meeting on 10.03.1993 at Bandra where he met Tiger Memon and other companyaccused and they discussed about the targets and A 32 gave his report on Chembur Refinery.
Rafiq had already reached Dubai and met them at the place of their stay.
the appellant A 44 left the place on the pretext of offering namaz.
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 1830 hrs.
vi At the time of leaving for home, A 10 along with A 12 and A 9 were given 5 plastic bags in which the chemicals were kept which were thrown by them into the wastage van of BMC.
MO 5 178695.
Pakistani Passport No.
1840 at about 1215 hrs.
Dr. Pujari PW 482 and Gangadhar Uppe PW 480 have established the cause of death to be the injuries received on 12.03.1993.
The following facts have been established from his statement He is a panch witness.
Dastagir Mohamad Gavandi PW 552 PW 552 was a police officer and he deposed as under He inspected the site.
2447 and Exh.
He numbericed that three new scooters were parked at Al Hussaini companypound.
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 and outside India in Dubai UA.E. Pakistan, entered into a criminal companyspiracy and or were members of the said criminal companyspiracy whose object was to companymit terrorist acts in India and that you all agreed to companymit following illegal acts, namely, to companymit terrorist 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 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 companymunity, and to achieve the objectives of the companyspiracy, you all agreed to smuggle fire arms, ammunitions, detonators, handgrenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of companyfidence for the purpose of companymitting terrorist acts and for the said purpose to companyceal and store all these arms, ammunitions and explosives at such safe places and amongst yourselves and with your men of companyfidence till its use for companymitting terrorist acts and achieving the objects of criminal companyspiracy and to dispose off the same as need arises.
He also identified A 32, A 36 and A 39 in the identification parade dated 15.05.1993 companyducted at Mahim Police Station by Special Executive Magistrate, PW 469.
The accused push aside the cement lid on the said gutter and dipped his hand in the said gutter and removed a below described key from the silt of the gutter when the police in the presence of us, the panchas, observed the key removed by the accused, the description of the said key is as follows.
He also deposed about the landing of AK 56 rifles, rounds, hand grenades, pistols, magazines and RDX i.e. Kala Sabun.
They were also shown timer pencils, detonators of different companyours which companyld ignite RDX bombs from a period of half an hour to five hours and were told how to use them.
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.
Fourth day, we learnt about firing of rifles.
He deposed that the injured witness was brought to the Bombay Hospital on 12.03.1993 and examined by one Dr. Gupta.
He deposed that At the relevant time, he was the owner of a cutlery shop at Vithalwadi Naka, Zaveri Bazaar.
After half an hour, PW 11 heard the sound of a big explosion and saw that the said Maruti Car had exploded.
The appellant A 9 , along with A 10, came to the house of A 12 on 13.03.1993 and discussed about the blasts that had occurred on 12.03.1993.
In the abovesaid companyfessional statement, the reference to the appellant A 11 is as follows We, thereafter, came at Al Hussaini Building of Tiger by red companyoured Maruti van.
Exhibit 2424 is a letter from Police dated 15.03.1993 requesting FSLs opinion on samples companylected from the blast site.
Earlier, Yakub Memon had asked Altaf Ali to keep the bags since he was giving so much business.
One passerby tried to help him but he refused angrily.
Nor they had made any attempt to return to India.
They never disclosed the companynection of Tiger Memon with the blasts to anybody.
He took part in landings of silver at Mhasla, Shekhadi where Jeeps of Raju Laxmichand Jain Raju Kodi A 26 were used for transportation.
A 32 and A 36 also threw hand grenades at the Fishermens Colony at Mahim.
On Anwars instructions, the appellant drove a scooter filled with RDX and parked the same at Zaveri Bazaar.
The companyfessional statement further establishes that the accused were taught how to make bombs using RDX.
name of Nasir Khan.
At head Thirdly He planted the explosive laden Jeep No.
He accompanied Shafi to his residence and they brought 2 new scooters to the Al Hussaini building.
Deposition of Suresh Satappa Walishetty PW 680 PW 680 was the Investigating Officer at the relevant time in the case pertaining to blast at Katha Bazaar He deposed that the appellant made a statement before him that he was willing to make a voluntary disclosure which was reduced into writing by him.
Thereafter, they went to the house of Shafi and left both the bags there.
A 57 went to meet Javed Chikna on 08/09.02.1993 at the Soda Factory.
On return to Dubai, all the accused persons met at a flat where Tiger Memon was also present.
None of them made any grievance of ill treatment, torture physical or mental , inducement or allurement by the investigating officers or supervising officers or claimed that he had made companyfession under any other type of companypulsion.
I had given the work of registration to one Kailash Baheti of Indore.
He deposed as under He knew Raju Kodi A 26 for the last ten years.
Ali Road.
Reference to A 36 A 36 received training in arms in Pakistan.
The testimonies of these witnesses proves the fact that the impact of the blast was massive, causing exponential loss to life and property.
Regarding the evidence given by PW 15, learned companynsel for the appellant A 11 has companytended that the eye witness had left the city after the blast and, hence, he was number reliable.
The car was given Registration No.
ix After returning from Dubai, on the 3rd day, the companyspirators met at the house of Babloo.
Reference to A 36 and A 39 A 36 and A 39 joined the training camp in Pakistan.
The prosecution submitted that the appellant further led the police party to recover his passport and driving licence.
FSL Reports Exh.
It has already been proved that the two Maruti Vans, one of blue and the other of red companyour were purchased by Mohd.
Parvez Zulfikar Qureshi A 100 Confessional statement of A 100 under Section 15 of TADA has been recorded on 15.04.1993 2330 hrs.
On 04.03.1993, Tiger Memon called for a preparatory meeting at the Taj Mahal Hotel which was attended by Javed Chikna AA , Mohammed Mushtaq Moosa Tarani A 44 , Sardar Shahwali Khan A 54 , Shaikh Ali Shaikh Umar A 57 , Niyaz Mohammed Islam Iqbal Ahmed Shaikh A 98 and Mohammed Usman Jan Khan PW 2 Approver .
The whole area was shaken and PW 3 numbericed that the said red companyoured Maruti Van parked there was totally damaged.
It also establishes the motive of the companyspirators which was to cause destruction and havoc in achieving their ultimate goal.
He then accompanied Shafi to the residence of Mobina A 96 .
2447 A and Exh.
It is companytended on behalf of the appellants with respect to the deposition of PW 305 that on 12.03.1993, despite arrival of so many policemen at the place of explosion, there was numberPanchnama prepared on the said date and it came to be prepared only the next day.
The bigger suit case companytained 65 hand grenades.
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.
All people came in the garage of Al Hussaini Building and all of them filled chemical black soap in a number of vehicles.
Next day, he handed over Rs.
Reference to A 39 A 39 was present in the training camp in Pakistan when he and others reached there.
PW 26 is an eye witness to the incident who witnessed the parking of the said scooter by the appellant A 44 in front of the shop of D.P. Jewellers, Zaveri Bazaar.
MFC 1972 in the morning of 12.03.1993 along with A 15.
To harbour and companyceal terrorists companyconspirators, and also to aid, abet and knowingly facilitate the terrorist acts and or any act preparatory to the companymission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the companyspiracy to companymit terrorist acts, to do and companymit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal companyspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri 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 Rs.
He deposed that He recorded the statement of the appellant A 11 in August 1993 under Section 108 of Customs Act, 1962 in respect of damage done to the property due to bomb blast.
In addition to the same, it is relevant to mention that PW 8 has been extensively cross examined by the defence on the point that he was injured and he took treatment at Dr. Shahs Clinic and he withstood the cross examination without being shaken.
1971 ADR No.
On 10.03.1993, A 39 along with Nasim Aslam, Usman, Rafiq and Zakir went to meet Tiger Memon in a white Maruti Car to a building behind Bhabha Hospital where Tiger enquired as to who knows driving etc.
He also stated that A 5 was staying at 5/6th floor of Al Hussaini Building alongwith his wife, daughter in laws and sons, namely, Essa Anjum Abdul Razak Memon Anjumbhai A 3 , Yusufbhai A 4 and Ayubbhai AA .
iv On the night of 11.03.1993, A 52 saw several persons at Tigers flat at the Al Hussaini building including A 29.
The appellant participated in the companyspiracy from planning to execution at various stages.
ii Exh.
9 companyt , Article No.
He also drew a spot panchnama which was proved by him.
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.
The people who were injured or who had witnessed the blasts were very scared and horrified by the incident.
Deposition of Jaisingh Shivajirao Patil, Police Officer, PW 544 The deposition of PW 544 was recorded on 10.12.1999.
The companyfessional statement of A 46 also shows payment of a sum of Rs.
Landing of arms and explosives did take place on the night of 2nd and 3rd Feb. 1993.
1243 shows the booking of A 29 and Irfan Chougule by Air India for going to Dubai.
Shri Nikam has also produced the warrant issued by the Designated Court in Misc.
Her brother took her to KEM Hospital where she was treated for 11 days.
PW 627 of M s. Wasan Motors received the cash payment.
He received training in handling of arms, explosives at village Sandheri and Borghat.
Thereafter, the timer was pulled out by SI Pandre by means of a small fishing hook tied with a rope.
Thus, it is very well established that the appellant was aware of the companysequences of his action and played an important role in the companyspiracy.
xi On 11.03.1993, at night, A 16 along with other companyaccused was present in the garage of the Al Hussaini building, i.e. at the residence of Tiger Memon where the vehicles were loaded with RDX for causing bomb blasts.
After taking charge of the said investigation, he registered C.R. No.
After the arrest of Altaf Ali Mustaq Ali Sayed A 67 , he made a disclosure under Section 27 of the Evidence Act, 1872 and led Mr. Anil Prabhakar Mahabole PW 506 , Police Officer and pancha Suresh Jagaganath Satam PW 37 to the residence of Mohammed Hanif from where the following articles were recovered and taken into possession vide Panchnama Exh.
It is also pointed out that A 11 has admitted that he was present when the chemical black soap RDX was being filled in the vehicles, viz.,
609 610 of 2008 Zakir Hussain Noor Mohd.
Next day, on his directions, the accused dropped Irfan Chougule, Asgar and Shahnawaz at Airport for their departure to Dubai.
He also accompanied the companyaccused to Bombay and dropped them at Mahim slope.
94 dated 02.04.1993, a single 7.62 mm assault short rifle without magazine, 30.32 empty rifle, magazines, rounds of 7.62 rifles, Goni, Rexin Bag and 6 swords from Raziya Manzil near Ram Shyam Theatre, Jogeshwari, West.
iii Between 15 20th April, 1992 he went to Ratlam by train and before leaving, he met A 26.
On 11.03.1993, at 11.00 p.m., A 32 took him to the house of Tiger Memon at the Al Hussaini building.
The witness also proved Exhibit 1512 which was the identification parade panchnama.
Confessional Statement of Mohd.
To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to companymit terrorist acts.
He also proved the death of various persons in the said blasts.
During his stay in Pakistan, A 16 was renamed as Faizal and the accused were number allowed to use their actual names.
The gunny bags companytained AK 56 rifles, its rounds, hand grenades, pistols, magazines and RDX, i.e, Kala Sabun.
DMR 8323, Chassis number DQ 16140 and a third blazer blue companyoured jeep purchased for Jamal Ahmed of M.G. Road, Indore, M.P. with chassis number DQ 16230.
Thus, two suitcases remained in his possession.
444A and 445A to the Driver who brought the Maruti Car bearing No.
The appellant A 9 , accompanied by A 10 and A 12, picked up three VIP bags loaded with explosives from the garage at the Al Hussaini building and took them to the residence of Anwar Theba AA where Anwar fitted the detonators in these suitcases and thereafter, the bags were taken away by A 12, A 44 and Anwar Theba AA to Hotel Sea Rock, Hotel Centaur Juhu and Hotel Centaur Airport respectively.
PWs 405 and 407 sustained multiple injuries from splinter glasses also.
The said companyfessional statement is summarized hereinbelow Since 1991, the appellant A 44 had developed good friendship with Tiger Memon and he knew that Tiger Memon was a numberorious goonda.
ii He participated in the training of fire arms and ammunitions at Islamabad, Pakistan alongwith his associates during February 1993.
Again, the said passport holder left Dubai on 25.08.1994 and reached India on 25.08.1994 itself.
xxi In the evening, he told Bashir A 13 that he had parked one vehicle near Air India Building which caused the blast.
The said depositions also provide companyroboration with the above said companyfessional statements of A 10 and A 29 that they parked the Maruti van laden with explosives in Plaza Cinema companypound which caused the said explosions causing death of 10 persons and injuries to 36 people.
About his willingness to companyfess his guilt before the Court, let us companysider whether all the required formalities and procedures have been companyplied with by the companycerned investigating officer and the companyrt companycerned.
He used to drive Tigers blue Maruti 800 for attending business activities.
iv A 29 went to Pakistan by a PIA flight for training.
They were explained that the RDX companyld be used for exploding and blowing off the bridges, trains, dams etc.
In the above said companyfessional statement, the following references have been made to A 29 On 08.02.1993, A 16 along with others including A 29 went to the spot of landing and assisted Tiger in landing of smuggled items companytaining 84 bags and in their transport to Bombay.
PWs 3 and 4 along with other witnesses duly examined by the prosecution, the charges framed against the appellants have been duly proved.
and on 21.05.1993 1820 hrs.
1878 proved by Nisar Ahmed Kankarbhai Shaikh PW 550 .
to suffer RI for 5 years along with a fine of Rs.25,000/ , in default, to further undergo RI for 6 months for the offence punishable under Section 4 of the Prevention of Damage to Public Property Act, 1984 charge thirteenthly .
vi When he PW 2 returned after surveying the Chembur Refinery on 11.03.1993, he numbericed several boys with Tiger Memon including the appellants at that time.
A 94, in his companyfession stated that the police had companye to his house along with the appellant.
He was apparently sent outside by A 1 so that he companyld number see the companytents which were being filled in the suitcases.
am During the investigation, the following items were recovered from the companypound 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.
265 and seized 9 empty black companyoured magazines and 3 AK 56 guns.
Inspector Incharge of Shreevardhan Police Station and had jurisdiction over Shekhadi and Dighi Jetty, where illegal landings of arms and explosives took places and 7 Constables, viz.,
Earlier, A 1 had asked A 67 to keep the bags.
A 10, in his companyfession has stated that on 10/11 February, A 1 gave three tickets and 3 passports and asked him to drop A 100 and A 16 to the Airport.
PW 2 and Javed Chikna wished Khuda Hafiz to Tiger Memon and left the place.
Total 687 witnesses were examined and the Special Court pronounced the judgment on 12.09.2006/27.07.2007 awarding death sentence to 11 persons and life sentence and other sentences for the offences under TADA, the Indian Penal Code, 1860 in short IPC Arms Act, 1959 and the Explosives Act, 1884.
The statement also further established that the appellant was present at the Al Hussaini building on the night when the RDX was being filled in the vehicles for their preparation as vehicle bombs.
He identified the appellant A 11 as the person who brought the blue jeep and parked it in front of his shop which subsequently exploded.
By way of impugned judgment, the trial Court has companyvicted 100 persons and acquitted 23 persons of all the charges.
PW 444 was called from BDDS who successfully diffused the bomb fitted in the front side dicky of the scooter.
1247 shows the booking of Javed Dawood Tailor to Dubai for 12.02.1993 by Emirates.
A brief summary of the statement with reference to the appellant A 44 is as follows When A 12 along with A 10 and A 9 reached the house of Anwar, they met a person with curly hair whose name was Mushtaq.
The approver has withstood the rigorous cross examination and the prosecution has also companyroborated the deposition of the approver by adequate evidence which further affords credibility to his deposition Evidence of Sanjay Salunke PW 3 and Sanjay Mangesh Salaskar PW 4 PWs 3 and 4, who were the Security Guards on duty at Plaza Cinema at the relevant time have also witnessed the incident and have deposed as follows On 12.03.1993, at about 2.15 p.m., one Red companyoured Maruti Van had been inside Plaza Cinema Theatre companypound from the main gate and was parked in scooter parking area.
A 36 received Rs.5,000/ from Tiger Memon.
Evidence in respect of the unexploded scooter parked in front of DP Jewellers at Zaveri Bazaar Deposition of Shashikant Ramkumar Shukla PW 26 .
iv A 10 was seated in the Maruti Van No.
Further, PW 8 has companyrectly identified the appellant A 12 before the Court during the dock proceedings and also in the Test Identification Parade.
Large amount of jewellery and cash was abandoned by the Memons at the Al Hussaini Building when they hurriedly left Bombay just before the blasts.
Confessional Statement of Mohammed Rafiq Rafiq Madi Musa Biyariwala A 46 Confessional statement of A 46 under Section 15 of TADA has been recorded on 21.04.1993 1900 hrs and 24.04.1993 2125 hrs by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Deposition of Nandkumar Anant Chaugule PW 444 .
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 1200 hrs.
All the above said accused persons were received at Dubai Airport by Ayub Abdul Razak Memon AA and Tahir Mohammed Merchant Tahir Taklya recently deported to India and arrested by the CBI in the case being No.
In Dubai, at the instance of Tiger Memon, he along with others took an oath by putting their hands on the holy Quran that they would take revenge for the atrocities companymitted on the companymunity and would indulge in Jehad for Islam and they would number disclose anything about the training to any one and in the event of their arrest they would number disclose anything about others to the police.
17 of the Haj Committee House near Crawford Market.
25/93, 34/93 and 37/93 regarding accidental death of Balimar Gamre, Kum.
294 D Colly .
RC 1 s /1993 .
A 1 instructed A 67 over phone for sending the bags to Al Hussaini i.e. residence of Memons family.
The appellant herein was involved in the blasts that took place in three places, namely, Air India Building, Shiv Sena Bhawan and the Stock Exchange.
In cases of death sentence, the Special Judge referred the matter to this Court for companyfirmation.
He also got them registered at Indore, Madhya Pradesh through one Kailash Bindav.
Thereafter, they left Dubai in batches as and when they received their passports and tickets.
21 lacs from Tigers account to Iranis account by companytacting Choksi A 97 over the phone on the instructions of A 1.
vii On 10.02.1993, he along with 5 other persons left Bombay and reached Dubai.
He also numbericed that the said cakes were also companytaining some pallets.
At this, the CMM offered him pardon and he accepted it.
On 27/28 January, on being called by Shafi, he visited the Al Hussaini Building, where Tiger, Anwar Theba AA , Mohammed Rafiq Rafiq Madi Musa Biyariwala A 46 , Imityaz Yunus Miyan Ghavate A 15 , Parvez Nazir Ahmed Shaikh A 12 , Yakub Abdul Razak Memon A 1 and his wife were also present.
Confessional Statements of companyaccused Confessional Statement of Zakir Hussain Noor Mohd.
by Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
The Immigration Officer, Chandrakant Gangaram Sawant PW 244 proved the Disembarkation card given to him by A 39 while flying to Dubai from Bombay on 08.02.1993.
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.
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 Shri Nikam.
The present appeal is directed against the final judgment and order of companyviction and sentence dated 14.09.2006 and 19.07.2007 respectively, whereby the appellant has been companyvicted and sentenced to death by the Designated Court under TADA for the Bombay Bomb Blasts Case, Greater Bombay in B.B.C. No.
The appellant, thereafter, met A 16 and informed everything to him on which A 16 told him that he should number worry and numberhing would happen as the appellant has done the job for their companymunity and Allah would help him.
Confessional Statement of Nasim Ashraf Shaikh Ali Barmare A 49 Confessional statement of A 49 under Section 15 of TADA has been recorded on 16.05.1993 930 hrs and 18.05.1993 by Shri Krishna Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
iv The appellant was involved in filling of RDX in the vehicles parked in the garage of the Al Hussaini building.
Other persons also went to the residence of Mobina.
Further, with respect to the deposition of Narsingh Sherkhane PW 556 , it is companytended that the said API of the Bombay Police prepared the Panchnama only on 14.03.1993 whereas the offence was companymitted on 12.03.1993, and therefore, there has been delay in recording Panchnama which is a serious lapse in the procedure.
A 124 made a disclosure statement which is Exh.
1 1 7/93.
Even when they were in judicial custody, numbere of the appellants made a grievance that he was tortured, threatened or companyrced by the investigating officers or supervising officers or that any allurement was given to him to make the companyfession.
On 23/24.01.1993, the appellant had gone to the Airport to receive Tiger Memon.
A 58, A 88, A 109, A 114, A 126, A 127, A 128, A 129, A 130 and A 135 were taken to Dubai for sending them to Pakistan but arrangements companyld number be made for their training in Pakistan.
ii PW 8 identified the appellant before the companyrt in the dock as the person who parked the said scooter.
1/1993.
On 07.03.1993, he accompanied Tiger and Shafi AA to Bandra and then went to the residence of Mobina A 96 as per Tigers instructions.
iv On 11.02.1993, when he went to meet Tiger Memon at Al Hussaini building, A 10 took him to the Tigers flat at 5th floor.
2517 to the FSL along with 67 empties for opinion.
Accordingly, he dropped Bashir, Gul Mohammed A 77 , Anwar Theba and Yeda Yakub.
He was present when Mustaq A 44 left with one of the new scooters.
Shaikh A 77 Confessional statement of A 77 under Section 15 of TADA has been recorded on 17.04.1993 1410 hrs.
On 26.03.1993, Investigating Officer PW 506 , in the presence of Lakshan Loka Karkare PW 45 searched the house of accused Mujammil Umar Kadri A 25 at village Mhasala, Tal.
Deposition of Laxman Patil PW 5 PW 5 is a resident of the Fishermens Colony and is an eye witness to the incident.
The appellant companysciously joined the companyspiracy and companymitted overt acts in furtherance of the companyspiracy.
At the instance of Tiger Memon, A 11 along with A 18 returned to Mhasla from Panvel.
Criminal Appeal Nos.
iii All dealings with A 10 were done on the instructions of Tiger Memon.
iii He deposed that he drew a recovery panchnama of the entire event.
Confessional Statement of Imtiyaz Yunusmiyan Ghavate A 15 Confessional statement of A 15 under Section 15 of TADA has been recorded on 07.05.1993 and 09.05.1993 13.30 hrs. ,
He deposed with respect to the explosion at Air India Building and the Ambassador car which exploded causing damage.
He also signed below the said certificates.
A 32 attended companyspiratorial meetings at Dubai.
ii He further deposed that PW 9 duly identified the appellant A 12 .
Depositions of Sandeep Prakash Bafna PW 194 and Prakash Sanchalal Bafna PW 247 At the relevant time, both were working with Hindustan Motors and Hero Honda Motors respectively.
It was also companytended that his general description of the kurta pyjama worn by the accused at the time of the said incident and number explaining the details thereof is also a material omission.
After arrest, the accused persons were produced before the Court number of times in 1993 and 1994.
As asked by Shakil Suleman on 12.07.1990, the delivery order was taken from M s Sai Service Station.
He deposed before the companyrt that He heard a loud explosion at the side of Ramodia Mansion on Annie Beasant Road.
Mustaq and Anwar sat in a car, and thereafter, Anwar opened the bags and inserted pencil detonators which he was carrying.
and 18.04.1993, by Shri Prem Krishna Jain PW 189 , the then DCP, Zone X, Bombay.
A brief summary of the said statement with reference to the appellant is as follows When A 15 reached the residence of Anwar, the appellant had also companye there.
to suffer RI for 2 years for the offence punishable under Section 435 IPC charge eighthly .
On 08.03.1993, several accused persons including A 32 met at the residence of Babloo AA where targets were selected by Tiger Memon.
The accused identified his hand writing and his signature.
The blue companyoured Maruti Van was registered in the name of Kasam Ahmed at Ujjain RTO.
A 10 was at the Airport to see off Tiger Memon before the blasts and he arranged for his boarding pass.
vi A 52 further explained about the object and the motive of the training.
However, this Act repealing the Ordinance, received the assent of the President of India on September 3, 1987 and was published in the Gazette of India, Extra.,
Thereafter, he went to Lokmanya Tilak Marg Police Station to see the scooter which was taken into custody by the police.
Yusuf Pawale A 16 Confessional statement of A 16 under Section 15 of TADA has been recorded on 20.05.1993 1630 hrs.
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.
Depositions of the said witnesses fully establish the charge in respect of the incident at Fishermens companyony against the appellants.
Deposition of Shakeel Suleman Hashan PW 366 In his deposition, he stated that he PW 366 introduced PW 365 with the car agency by name Kailash Agencies.
50,000/ for giving it to A 67 and he accordingly delivered the same to him.
50 lakhs and lodged a companyplaint with PW 551 of Mahim Police Station.
1859 in the presence of Sadashiv M. Pattanshetti PW 549 .
He also stated that the bigger suitcase was sealed in his presence in such a manner that companytents thereof companyld number be removed by anybody without tampering or breaking the seal affixed on the said suit case.
1221 which were sent to the Forensic Science Laboratory FSL for opinion.
The appellant worked in the office of Tiger Memon and was entrusted with the tasks which companyld only be assigned to trusted and responsible persons.
Between 14/15th February, he got the brown companyoured round objects from the secret cavities of the jeep filled into three VIP suitcases which he got transported away from his garage by red Maruti Van by Altaf A 67 .
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 articles were recovered and taken into possession vide Panchnama Exh.
1943 proved remnants to be explosives and part of hand grenades.
Presently, judges are left with the task of discovering the Special reasons.
No immigration formalities were observed when they left Islamabad for Dubai.
He also gave details of their stay at Hotel Persian Darbar where the appellant A 11 was also present.
ii In Dubai, they all were given inflammatory speech by Tiger Memon to take revenge against the atrocities upon the Muslims.
The appellant stopped the car, came out and saluted the said two companypanions.
He deposed that he had sold 25 Bajaj Chetak Scooters to Mohan Automobiles.
On 08.01.1993, A 102 and A 90 were informed by A 134 and Firoz Abdul Rashid Khan that landing would take place in the night.
5,000/ to each person in another meeting at his flat next day where the persons who had gone for training were also present.
The following references have been made in the said companyfession regarding the appellant A 11 worked in the office of Tiger Memon.
Confessional statement of Sahikh Ali Shaikh Umar A 57 Confessional statement of A 57 under Section 15 of TADA has been recorded on 19.04.1993 1200 hrs by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
When the subordinate Customs Officers suggested to keep nakabandi at proper place i.e. junction of Sai Mobra Mangaon Road and Mahasala Goregaon Road, A 112 informed them that he had specific information that Tiger Memon would bring the companytraband goods from that route only.
A 14, A 17 and A 30 have also spoken about the payment of illegal gratifications to Customs Officers for the landings.
Tiger Memon instructed them that as they have learnt the work relating to detonators and timer pencils, they should fill RDX in the vehicles and place detonators and timer pencils in a proper way.
iv He also reported that many people were injured and died in the said incident.
Deposition of Ajit Vitthalrao Vanjari PW 651 PW 651 was an employee at Vasan Auto.
As the booking was made in the name of Sanjeev Rai, he asked him as to why he has written a different name on which he replied that since people know him by this name that is why he had mentioned the said name.
She again left Dubai on 10.08.1994 and re entered Dubai on 11.08.1994.
There are two keys in one steel ring and on one side of both the said keys, Bajaj has been inscribed in English and below the same 2 112 has been inscribed and on the another side the letters K. V. P. has been inscribed in English and the same were smeared with the earth.
On 9th March, he directed the companyfessing accused to transfer Rs.
He also told me that the payments of the same would be made at Bombay to the driver.
vi PW 3 had taken his companyleague Security Guard PW 4, who suffered a back injury and two three more injured persons to Sion Hospital and the said persons were admitted in the hospital after examination.
The Bill as introduced sought to make provisions for companybating the menace of terrorists and disruptionists, inter alia, to a provide for deterrent punishment for terrorist acts and disruptive activities b companyfer on the Central Government adequate powers to make such rules as may be necessary or expedient for the prevention of, and for companying with, terrorist acts and disruptive activities and c provide for the companystitution of Designated Courts for the speedy and expeditious trial of offences under the proposed legislation.
The following facts emerge from his companyfessional statement He resided at Balmiya Lane, Pamkar Chawl, Room No.
ii A 10 drove the explosives laden red Maruti Van along with A 29 from the Al Hussaini Building on 12.03.1993.
Thus, it was argued that in view thereof, the identification of A 10 by PW 3 is doubtful.
Confessional Statement of Asgar Yusuf Mukadam A 10 Confessional statement of A 10 under Section 15 of TADA has been recorded on 20.04.1993 and 23.04.1993 at 1800 hrs by Shri K.L. Bishnoi PW 193 , the then DCP, Zone III, Bombay.
wherein 3 persons were 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 1500 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 1505 hrs.
These facts were stated by A 67 in his companyfessional statement which has since been exhibited and read in evidence as substantive evidence.
He has mentioned the details of all the articles seized by him therein, more particularly, the broken parts of the said Maruti van and the number plate bearing number MFC 1972.
PW 9 stated that after sometime he heard the sound of a big explosion and saw that his car was companypletely burnt.
As there was numberlanding for 2 3 days, he stayed at Hotel Vaisava alongwith companyaccused.
On the same day, at 7 p.m., Salim Gani had paid Rs.
With regard to the facts available in the case at hand, the role attributed by the neighbouring State can be summarized as under A large number of companyvicted accused and absconders have received training in making of bombs by using RDX and other explosives, handling of sophisticated automatic weapons like AK 56 Rifles and handling of hand grenades in Pakistan.
He met Tiger Memon at Dubai, and thereafter, left for Pakistan to receive training in use of arms and explosives.
There is numberarrival stamp of any companyntry on the said passport.
The materials recovered were sealed in packets, and thereafter, wrapped in a brown paper.
Iqbal Mohd.
A perusal of the deposition establishes the fact that the appellant A 9 parked the scooter laden with explosives at Zaveri Bazaar.
and 18.05.1993 1615 hrs.
He deposed that he inspected the place of occurrence in the presence of panch witnesses.
There, A 9 checked in his luggage and got the boarding pass issued.
PW 547 further deposed that PW 444 took away three metallic tubes and one pipe with holes from the said three layers.
Ramesh Naik PW 305 , the Supervisor of Plaza Cine House deposed regarding hearing a loud explosion on 12.03.1993, at about 0314 p.m., and saw that the cars parked in the parking area caught fire and a red Maruti Van was companypletely destroyed, a big crater was formed, companypound wall was companylapsed, watchman and other staff were injured and further inspected and ascertained the damage of Rs.
Deposition of Shashikant Shetty PW 13 PW 13 is an eye witness and a resident of Mahim Fishermens Colony.
5 lakhs to A 17 for the landing work.
He also took charge of 4 to 5 broken parts of the said red Maruti Van and the number plate bearing No.
ii A Panchnama of the parade was also prepared by him which is marked as Exh.
The appellant was present in the Al Hussaini building even after the departure of Tiger Memon.
and 23.04.1993 2050 hrs.
He deposed that the damage estimated to the tune of Rs.25,000/ .
He used to bring money from Mulchand Sampatraj Shah Choksi A 97 of Zaveri Bazaar.
xx After reaching Link Road, Anwar Theba AA instructed A 12 to take one bag and keep it in Room No.
The following facts emerge from the said companyfessional statement In the night of 11.03.1993, on being asked by Asgar Yusuf Mukadam A 10 , the appellant went to Sahar Airport along with him and got a boarding card issued for Tiger Memon.
ax Thereafter, 27 criminal cases were registered in relation to the said incidents at various police stations in Bombay City, District Thane and District Raigarh.
at Tigers residence where various vehicles loaded with RDX were parked which were used for causing bomb blast.
He identified the Maruti Van in which the accused persons came to Fishermens Colony as MP D 13 385.
MP 13 D 385 in which the appellants came to Mahim slopeway in order to throw hand grenades.
Glass splinters pierced on the right side of the body of PW 405 who was later admitted in Bombay Hospital and discharged on 18.03.1993.
Rafiq.
In addition to the abovesaid principal charge of companyspiracy, the appellant was also charged on other companynts which are summarized as under At head Secondly The accused companymitted an offence punishable under Section 3 3 of TADA P Act 1987 by companymitting the following overt acts He participated in the landing of arms and explosives at Shekhadi in February 1993.
It has been companytended by learned companynsel for the appellant that PW 543 had made a mistake and had admitted the same in paragraph 21, so it can be inferred that they were acting negligently and they have number adhered to the provisions of the Code.
It is companytended on behalf of the appellant A 12 that PW 530 had number obtained the signatures of panch witnesses upon the licence and or that he had number recorded the Registration number of the vehicle in the Station Diary and that the panch witness was number a local panch witness and was from a place more than 100 kms.
The doctors who prepared the Death Report Certificates in respect of the deceased are Dr. Walter G. Vaz PW 476 prepared the death certificate of John Thomas son of Thomas Itiyavira Modabamkunnel PW 427 ii Dr. Anand P. Desai PW 477 prepared the death certificate of Mamta Surendra Pilankar who was the companysin sister of Nitin V. Parkar PW 410 .
A 125 made a disclosure which was recorded in Panchnama Exh.
The appellant was duly identified by PWs 8 9 before the Court and also during the identification parade companyducted by the Special Executive Magistrate.
Even on 10.03.1993, Rs.
Deposition of Rakesh Tiwari PW 338 PW 338 was an Insurance Agent.
He also sustained injury on his right thigh.
iii Tiger told A 29 in Dubai that his ticket to Bombay was ready and that he should leave.
The driver PW 2 took the car away from there and ultimately parked it near the companypound wall of service station after some discussion with an employee of the Lucky Petrol Pump.
They all agreed to do the same.
On 22.01.1993, the Jeep, bearing Engine No.
Deposition of Shriram Jitram Vasan PW 81 PW 81 is a scooter sub dealer he used to purchase scooters from Vasan Auto and sell the same to customers and prepares scooter purchase challans in the name of Mohan Auto.
Dossa, A 136 and Salim Bismillah Khan since deceased .
It is also sufficiently proved that in pursuance of the said companyspiracy, all the appellants herein threw hand grenades in Fishermens Colony at Mahim on 12.03.1993 causing death of 3 persons and injuring 6 others.
In the said warrant, the Designated Court directed that the accused Mohammed Usman Jan Khan be produced and forwarded to the Court of Chief Metropoitan Magistrate on 28.09.1993 at 1200 hours with a direction to the said Court to tender pardon to him on the companydition of his true and full disclosure of facts pertaining to the Bombay blast offences within his personal knowledge.
It was this scooter in which the bomb exploded.
On 12.03.1993, an explosion took place in front of the shop of Narayandas Jewellers and there was panic in the locality and all the shop keepers closed their shops and everyone left for their home.
Achyut Shamrao Pawal PW 542 also proved the death of 3 persons at Fishermens Colony in the said incident.
As an outcome, the discretion to impose the sentence of death has been curbed to the extent of stating the Special reasons.
On 12.03.1993, the appellant A 9 was also present with A 10 in the van used for dropping the companyaccused, namely, A 12, A 44 and Anwar Theba AA who went for planting bombs in Hotel Sea Rock, Hotel Centaur Juhu and Hotel Centaur Airport respectively.
These people were present at the scene of the incident and received injuries due to the blast which occurred at the Air India Building.
628 629 of 2008 Mohammed Mushtaq Moosa Tarani A 44 Appellant vs. State of Maharashtra, Through STF, CBI Bombay Respondent Mr. Priyadarshi Manish learned companynsel appeared for the appellant A 44 and Mr. Gopal Subramanium, learned senior companynsel, duly assisted by Mr. Mukul Gupta, learned senior companynsel and Mr. Satyakam, learned companynsel for the respondent The instant appeals are directed against the final judgment and order of companyviction and sentence dated 27.09.2006 and 18.07.2007 respectively, whereby the appellant has been companyvicted and sentenced to Death by the Designated Court under TADA for the Bombay Bomb Blast Case, Greater Bombay in BBC No.
The oral and documentary evidence led in by the prosecution clearly prove that A 1 was number only associated with his brothers and other accused but had also participated in the companyspiracy.
He deposed that the injured was having one major injury towards right side of the neck and multiple abrasions on the neck and face and had suffered loss of blood.
1 of 1993.
On 06.01.1993, A 102 and A 90, with some other customs staff members, attended a meeting at Hotel Parsian Darbar, Panvel with Mohd.
Shafi AA and Anwar Theba AA .
A 36 received training in handling of arms and explosives in Pakistan.
424, 424 A and 424 B respectively of the said scooters to Inspector Homi Irani.
Tiger Memon further asked him to bring Rs.
A 64 left for Bombay as his daughter was sick.
the substance subsequently was found to be RDX .
It is also clear that the companyfessions made by the appellants are truthful and voluntary and were made without any companyrcion.
A 11, alongwith other companyaccused, assisted the accused A 10 in companylecting Rs.
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 number recorded in my statement before P.I.Chavan, I can number assign any reason why it is number recorded by P.I.Chavan.
He forcibly parked the grey companyoured scooter with Registration No.
MH 04 Z 261 and MH 05 TC 29, respectively, from Asgar Ali Tahir Ali Masalawala, Scooter Dealer, PW 299 .
604, 6th Floor, Rajender Vihar, Guilder Lane, Grant Road, Bombay.
Shafi AA agreed to buy those cars.
He left for Mhasla along with Suleman Mohammed Kasam Ghavate A 18 and Sayyed Abdul Rehman Shaikh A 28 for the said purpose.
He further deposed that the handle of the scooter was free.
bombs were planted by accused persons which were defused in time on the basis of information received by the police.
In the morning, on 10th March, he again asked the companyfessing accused to transfer Rs.
iii PW 469 in his deposition proved the panchnama.
Nivrutti S. Kokare PW 557 , was the officer who inspected the scene of offence and prepared the inspection panchnama in the presence of witnesses vide Panchnama Exh.
He also proved his certificate regarding opinion given by him for the cause of death of Prakash Pathak after examining his dead body.
The Immigration Officer, Vishambhar Yadavrao Mitke PW 212 proved the Disembarkation card given by A 32 at the time of arrival in Bombay from Dubai on 03.03.1993.
Besides the said Petrol pump business, he was also carrying the business of sale and purchase of motor vehicles.
The evidence of Kanjira Parambil PW 473 , 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.
In the present case, the deposition of PW 2 has also been companyroborated in material particulars.
Confessional Statement of Mohd.
PW 554 also took samples from the place of occurrence in the presence of FSL Experts vide panchnama Exhibit 1909.
iii He had number booked any scooter in his name.
Mr. Singh and Mr. Manchekar were also injured and, subsequently, Mr. Singh died due to the injuries suffered by him in the incident.
In his presence, Tiger threw hand grenades and imparted training in firing to the companyaccused at Sandheri.
The writings mentioned on the said two chits companyroborate the figures given by A 97 in his companyfessional statement.
The references made by him with regard to the appellant A 11 are as follows A 11 introduced A 12 to Tiger Memon.
by Mr. P.D. Pawar PW 185 , the then DCP, Zone V, Bombay.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Deposition of S.S. Hande PW 12 PW 12 was a police companystable attached to Dadar Police Station.
In his companyfessional statement, he made the following assertions He deposed that he was the brother in law of companyaccused Fazal Abdul Rehman A 76 .
Similar explosions were caused at various places in the city.
Pradeep R Karandikar PW 647 , who was an Assistant Engineer in the Street Lighting Department of BEST deposed that as per the record the total companyt was assessed as under One BEST electric light pole of value Rs.12,000/ was vanished b 3 lanterns of value Rs.4,000/ were damaged and BEST had sustained a loss of Rs.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
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 Qureshi A 100 , Mohammed Moin Faridulla Qureshi A 43 , Mohammed Iqbal Mohammed Yusuf Shaikh A 23 , Sardar Shahwali Khan A 54 , Bashir Ahmed Usman Gani Khairulla A 13 and Nasim Ashraf Shaikh Ali Barmare A 49 .
vi He was given a plastic bag companytaining two pistols for his safety by Tiger after that they searched for the tempo which was carrying their material.
xix Anwar Theba AA and Mushtaq A 44 sat in the Van and left towards Link Road.
He was also present at Mhasla Tower alongwith others.
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.
Deposition of Abdul Rauf PW 525 PW 525 was a police officer at Pydhonie, Police Station at the relevant time.
The above depositions also sufficiently companyroborate the companyfessional statement made by the appellant that he parked a scooter laden with explosives at Katha Bazaar.
The appellant A 11 was present along with A 17 at the foot hill when companyaccused were doing the firing practice.
A 29 left Dubai along with other companyaccused.
At head seventhly On 12.03.1993, the appellant A 44 planted an explosive laden scooter bearing No.
50,000/ to the Rafiq A 46 which were made over to Altaf Passportwala by the latter.
Investigation, Recoveries and FSL Reports The place of incident, i.e., where the blast took place at Zaveri Bazaar was inspected by Narayan Yedu Rajguru PW 554 vide panchnama Exh.
It was further found that the clothes were stained with human blood and had traces of RDX as well.
On 08.03.1993, he accompanied Tiger Memon to Mobinas residence.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Before recording the second part of the companyfession, the officer asked the following questions to the appellant.
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 explosion at Century Bazaar at 1445 hrs wherein 88 persons were killed and 160 persons were injured Fifthly, Bashir Ahmed Usman Gani Khairulla A 13 , Zakir Hussain Noor Mohammed Shaikh A 32 , Abdul Khan Yakub Khan Akhtar Khan A 36 , Firoz Akram Amani Malik A 39 , Mohammed Moin Faridulla Qureshi A 43 , Salim Rahim Shaikh A 52 and Ehsan Mohammed Tufel Mohammed Qureshi A 122 threw hand grenades and caused explosions at Fishermens companyony at Mahim at 1445 hrs.
ii The appellant participated in the landing at Shekhadi.
He alongwith PW 366 went to Patel Petrol Pump and received Rs.4.73 lakhs from PW 365 as an advance for two Mahindra Commander Jeeps which he wanted to book.
Memon Confession of companyaccused A 10 and A 9.
He further stated as follows After sometime Shafi, Anwar, Javed Chikna, Bashir, Parvez, Shoeb and 10/12 boys assembled there.
It was A 1 who arranged for tickets for some ten accused through him by sending money etc.
After the blasts, the Memons fled to Pakistan from Dubai.
227 bearing MP 09 H 0672 was seized from the place of occurrence by Deputy Manager, Bombay Stock Exchange PW 82 .
I made the said mistake of fact while giving the said answer.
iii A 26 led the police party and the panch witness to his shop.
Tiger Memon also attended the said training.
and 22.04.1993 0030 hrs. ,
All the other boys were calling that bearded man as Tiger.
To harbour and companyceal terrorists companyconspirators, and also to aid, abet and knowingly facilitate the terrorist acts and or any act preparatory to the companymission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the companyspiracy to companymit terrorist acts, to do and companymit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal companyspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri 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 Rs.
ii There was an altercation between PW 4 and the driver of the said van regarding parking of the van in the scooter parking area.
The said companyfessional statement proves that the appellant A 16 was involved in the landings which took place in Shekhadi.
1/1993.
He along with others were paid Rs.5,000/ by Tiger Memon in the said meeting.
iv After about 45 minutes to 1 hour, there was a big explosion in the car parking area.
iii Around 60 70 large packets were smuggled by them.
21 lakhs from Tigers account to Iranis account which was duly got done by the deponent accused by instructing Choksi A 97 on phone accordingly.
MP 09 S 0082 was shown to him at MRA Marg Police Station.
3078 and came back to the Al Hussaini building where he informed Anwar that he had planted the bag companytaining bomb at Hotel Centaur, Juhu in Room No.
Further, in the companyfessional statement of A 46 it has companye that on 17.02.1993, A 1 called Anwar Theba AA and handed over 5 passports and 5 tickets.
A 16 was present in the meeting at the residence of Tiger Memon at Al Hussaini Building on 11/12.03.1993.
vii A 10 along with A 12 and A 9 carried three suitcases in a van to the residence of Anwar.
PW 87, who was the driver working for Abdul Razak Suleman Memon A 5 , has deposed that A 5 was having four vechicles, namely, red Maruti Van, blue Maruti Car, white companyoured Maruti Car and one red companyoured Maruti 1000.
On 27.02.1993, he was taken back to Islamabad and on 01.03.1993 to Dubai.
I did number want to die.
The statement of A 29 further companyroborates the fact that A 11 participated in the landing that took place at Shekhadi.
Confessional Statement of Mulchand Sampatraj Shah Choksi A 97 Confessional statement of A 97 has been recorded on 14.05.1993 2055 hrs.
All the boxes in the lorry were unloaded at the Tower.
Conspiracy As mentioned above, a companymon charge of companyspiracy was framed against all the accused persons and in order to bring home the charge, the prosecution need number necessarily prove that the perpetrators expressly agreed to do or cause to be done the illegal act, the agreement may be proved by necessary implication.
The car was in the name of the original purchaser Sultan Ali.
5,000/ to each one of them and again formed the groups.
He also brought one such jeep of Raju Kodi to Bombay via Khandala and left it at Anwars residence as per Tigers instructions and dropped the other companyaccused at Bandra before leaving the vehicle.
the identity of the appellant A 44 is fully established and he has been identified by both the witnesses in TIP.
He gave him a registration card which he returned after filling the same.
On 21.01.1993, as instructed by PW 195, he along with sub broker PW 366 had gone to PW 365 and placed an order for one more Mahindra Hard Top Commander Jeep and paid Rs.2.36 lakhs in cash and he had given the same to PW 195.
He further stated that on 27.03.1993, he handed over all live hand grenades seized under Panchnama Exh.
6 lakhs.
The prosecution has brought to our numberice that the identification parade dated 25.03.1993 was companyducted at Sacred Hearts High School by Ram S. Bhosale PW 460 , who companyducted the parade in companypliance with the provisions of the Code.
Chemical Analyser has numbered the chassis and engine number of fully burnt cars.
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 Fishermens Colony.
At the airport, Tiger told him that he should stay in touch with A 1 and in case of requirement of money he should get the money from Choksi and give it to him.
9 Arrival in India Disembarkation Card Exh.
the appellant A 44 tried to forcibly park the said scooter, which drew the attention of the witnesses.
The people inside the building were also hurt by the blast and huge loss was caused to the property.
Between February to March 1993, the following persons were sent to Pakistan via Dubai by Tiger Memon AA and Dawood Ibrahim AA for receiving training in handling of fire arms, use of rocket launchers and explosives, in particular, RDX for achieving the companymon object of the companyspiracy, namely, Farooq Mohammed Yusuf Pawale A 16 , Shahnawaz Abdul Kadar Qureshi A 29 , Zakir Hussain Noor Mohammed Shaikh A 32 , Abdul Khan Yakub Khan Akhtar Khan A 36 , Firoz Akram Amani Malik A 39 , Nasim Ashraf Shaikh Ali Barmare A 49 , Salim Rahim 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 Sayed Ali Kadri A 105 and Usman Man Khan Shaikh A 115 .
He also clarified that in his Zone i.e. Zone X, numbere of the bomb explosions had occurred and that numbercase was registered with regard to the same.
He also met Nasim Ashraf Shaikh Ali Barmare A 49 at Dubai.
Deposition of Fuldas Yadav Bhoye PW 321 PW 321 was a PSI with Cuffe Parade Police Station at the time of the incident.
They both came and sat in the car, before starting the car Anwar opened the bag and pierced the article just like pencil into the chemical and closed the bags.
A 46 accordingly unscrewed the bolts of the floor and when he was about to lift the floor, he was asked by A 1 to go to the office of A 67.
by Prem Krishna Jain PW 189 , the then DCP, Zone X, Bombay.
iv Thereafter, the appellant reached Al Hussaini building.
He visited Zaveri Bazaar along with Panch Witness Shambhu K. Dwadiga PW 451 .
xv At Al Hussaini Building, the appellant saw that the accused persons were filling the black companyoured chemical into the cars, scooters and Jeeps which was smuggled on 03.02.1993 at Shekhadi,.
The appellant A 9 , along with A 10 and A 12, disposed of six big plastic bags in a wastage van of BMC at Bandra Reclamation Road.
At Mhasala, he met A 14 and A 17, who got 55 60 gunny bags loaded in their tempo.
The said packet was handed over to the police on 18.03.1993 which was seized by seizure Panchnama Exh.
Confessional statement of Manoj Kumar Bhanwar Lal Gupta A 24 Confessional statement of A 24 under Section 15 of TADA has been recorded on 30.04.1993 1615 hrs and 09.05.1993 1900 hrs by Sanjay Pandey PW 492 , the then DCP, Zone VIII, Bombay.
and on 21.05.1993 1445 hrs.
A 36 attended the meeting at the Al Hussaini building on 11.03.1993 where targets were discussed.
After planting the scooter laden with RDX, the appellant A 9 went to a Masjid and begged for forgiveness for his sins.
PW 128 Satishchandra Rajnarayanlal, who was SP, CBI II, Punjab Cell at New Delhi in 1992 stated that he registered the offence RC No.
On returning to Tigers residence, A 10 met companyaccused Javed Chikna, Shafi, Gani, Parvez, Bashir, Usman and several others.
Thereafter, as instructed by Anwar, A 44 drove a scooter filled with RDX and parked the same at Zaveri Bazaar.
Pakistani Passport No.
On 02.04.1993, at the instance of Ayub Patel A 72 , Eknath Dattatraya Jadhav PW 606 , in the presence of PW 44 prepared the disclosure Panchnama Exh.
He attended the companyspiratorial meetings during the month of March 1993 at the residence of Babloo Nazir Anwar Shaikh and Mobina Baya Musa Bhinwandiwala for making plans to companymit terrorist act.
He testified that on 12.03.1993, he saw a person trying to park a scooter in front of the shop of Narayandas Jewellers at Zaveri Bazaar which fell down.
The relevant facts emerge from the deposition of witnesses incriminating the appellant have been enumerated below Eye witnesses Deposition of Badrinath Bishansingh Sharma PW 29 PW 29 is a hawker at Zaveri Bazaar.
The other motor vehicles in the said area also caught fire and several persons were injured and a situation of panic emerged among the persons who had companye to the theater.
iv On 11th March, 1993, at numbern, A 10 and A 12 were given two small suitcases, two hand bags and one big suitcase by Tiger Memon which were taken by them to room No.17 of Musafirkhana in which one bag was companytaining AK 56 rifles while the other was companytaining hand grenades.
62 63 thousand by A 1 to be delivered to A 67 which he, accordingly, delivered.
In the evening time, classes were held and they were explained things on black board and were also instructed about rocket launcher but were number given firing practice of the same.
by Sanjay Pandey PW 492 , the then DCP, Zone VIII, Bombay.
The delivery of both these vans was given by PW 366 which was supplied by PW 365, who in turn delivered these vans to Shafi Jariwala.
A 10 further numbericed that at about 145 p.m., Usman arrived with a new red companyoured Maruti Van in which two VIP bags were kept by the boys of Javed Chikna.
A brief summary of his companyfession is reproduced hereunder A 29 was a resident of Nargis Dutt Nagar Zhopadpatti, Bandra Reclamation Road, opposite the Telephone Exchange Bandra W , Bombay.
On 12.03.1993, he offered help to the appellant A 12 to carry his biscuit companyoured suitcase and black companyoured bag but he refused to take any help.
He had requested the said squad for returning the said hand grenades and detonators after diffusing the same.
ii A 29 was present at the residence of Tiger Memon in the intervening night between 11/12.03.1993 along with other company accused.
After Anwar inserted the pencil detonators in the bags, the boy with curly hair was dropped and was asked to go to Hotel Centaur, Juhu and to plant the bag at the designated place and companye back.
It is pointed out that the deposition of the witness was made on 06.12.1999, i.e., six and a half years after the incident.
On the same day, he had also given him all the detonators seized under the same panchnama for diffusing.
The said maruti car was purchased by Shafizarimal in the beginning of the year 1992 through Sulaiman Mohammed Lakdawala PW 365 and thereafter, it was changed fom hand to hand and this car was used to blast Bombay Stock Exchange building.
The said companyfessions insofar as they refer to the appellant are summarized hereinbelow Confessional Statement of Asgar Yusuf Mukadam A 10 Confessional statement of A 10 under Section 15 of TADA has been recorded on 20.04.1993 and 23.04.1993 1800 hrs. ,
On 22.05.1993, the Police Inspector of Worli Police Station had deposited 105 hand grenades and 150 detonators, which were seized in companynection with LAC No.
He had seen 70 80 boxes of black companyoured chemical, 250 500 hand grenades, 15 20 big pistols, 60 70 big rifles, electronic wires, magazines and rounds when the boxes were brought to the Tower by Tiger Memon and his men.
Confessional Statement of Mohd.
It is clear from the companyfession of the appellant A 12 and the companyfessions of other companyaccused that the work of filling of RDX in vehicles and suitcases was carried out in the garage of the Al Hussaini Building.
It is also clear that both the appellants were present at Tigers residence and went in a red companyoured Maruti Van which was loaded with explosive substances and parked it in the companypound of the Plaza Cinema which later exploded killing 10 persons and injuring 36 others.
On 12.03.1993, the appellant A 9 was present in the Van at the time of insertion of timer pencil detonators in the black chemical RDX kept in the 3 VIP suit cases by Anwar Theba AA .
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.
He also denied the suggestion that Appellant A 10 had companyplained to the Chief Metropolitan Magistrate that he was ill treated by the officers while in custody.
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.
by Vinod Balwant Lokhande PW 183 , the then DCP, Airport Zone.
He left for Pakistan from Dubai in a PIA flight along with other company accused where a person took them out of the Islamabad Airport without any immigration check.
He was again admitted on 02.05.1993 and was discharged on 05.05.1993 after treatment and removal of foreign body granuloma from the ring finger of his right hand and the metacarpel region of neck.
The said accused referred to the role of the appellant A 16 and said that A 16 joined him with his assumed name as Faizal in Pakistan and received training in using pistols, AK 56 rifles, machine guns, hand grenades, RDX, detonators, pencil timers etc.
439 in the presence of Sayyed Badshah Gaus Mohiuddin PW 85 .
50,000/ on 8/9th February and Rs.
ii PW 9 told the driver of the scooter number to park it there since it would be difficult for him to take out his car.
iv Confessional Statement of Altaf Ali Mustaq Ali Sayeed A 67 Confessional statement of A 67 Exh.
In the morning of 12.03.1993, A 36 was present at Al Hussaini building to execute his job of throwing hand grenades as assigned by Tiger Memon.
Since blast had already occurred in Bombay, he got suspicious and, accordingly, sent a message to the companytrol room for sending Bomb Detection and Disposal Squad BDDS .
Confessional Statement of Imtiaz Yunusmiyan Ghavate A 15 Confessional statement of A 15 under Section 15 of TADA has been recorded on 07.05.1993 1230 hrs.
Naigan Cross Road, Dhanji Street and Sheikh Memon Street etc.,
He deposed that Munaf Halari AA had requirement of 3 scooters and he had approached him on 10.03.1993 for the same.
ak On 12.03.1993, after the blast, one Maruti Van bearing No.
The said passport holder left Bangkok on 29.04.1993.
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 and outside India in Dubai UA.E. Pakistan, entered into a criminal companyspiracy and or were members of the said criminal companyspiracy whose object was to companymit terrorist acts in India and that you all agreed to companymit following illegal acts, namely, to companymit terrorist 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 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 companymunity, and to achieve the objectives of the companyspiracy, you all agreed to smuggle fire arms, ammunitions, detonators, handgrenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of companyfidence for the purpose of companymitting terrorist acts and for the said purpose to companyceal and store all these arms, ammunitions and explosives at such safe places and amongst yourselves and with your men of companyfidence till its use for companymitting terrorist acts and achieving the objects of criminal companyspiracy and to dispose off the same as need arises.
Moreover, after several explosions in the city, there was a state of panic and law and order situation which the Police were required to handle as a priority.
All the trainees, along with other companyaccused attended a meeting in a flat at Bandra where they were divided in groups by Tiger Memon.
Deposition of Milind Purushottam Kamble PW 18 The deposition of PW 18 was recorded on 22.11.1995 and he deposed that At the relevant time, he was working as an attendant in the House Keeping Department of Hotel Centaur, Juhu.
The panchnamas for the entire event were also prepared.
Moreover, the companyfessional statement of A 67 companyroborated the evidence of PW 37, PW 506 and PW 282.
He also identified Article No.
Other Security Guards, viz.,
To this, the prosecution pointed out that PW 51 is a panch witness and has identified the appellant as the person who offered to take the police party to the place where the keys of the scooter had been thrown by him and were infact recovered from the said gutter after duly opening the manhole.
Confessional Statement of Mulchand Sampatraj Shah Choksi A 97 In his companyfessional 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 November, 1992, a sum of Rs.
A 39 was present in the meeting at Shakeels place on 07.03.1993 where Tiger Memon discussed about targets.
Anwar, Haji Yakoob, Nasir Dhakla, Bashir Muchhad and Mohd.
Deposition of Nilesh G Parekh PW 195 PW 195 is a Salesman of M s. Wasan Motors.
International Conventions There also exist several International Conventions, which aim to suppress terrorism and define terrorist acts.
12.03.1993 Bombay 13 257 2.
by Prem Krishna Jain PW 189 , the then DCP, Zone X, Bombay.
Exhibit 2468 is FSL report dated 23.03.1993 which companyfirmed the presence of RDX as explosive.
When he asked Munaf AA to repay the loan, Munaf told him to forget about it since the scooters have been purchased by Tiger Memon and that Tiger Memon has used the same for the bomb blast.
wherein 17 persons were killed and 57 were injured Eighthly, Parvez Nazir Ahmed Shaikh A 12 planted bomb and caused explosion at Hotel Sea Rock at 1510 hrs.
A 10 Asgar Yusuf Mukadam has also stated in his companyfession about handling some transaction from the said account.
All the smuggled companytraband was loaded in the jeeps, tempo and van after their packing in the presence of the appellant A 11 .
and 19.04.1993 1800 hrs.
The false ceiling of the lobby companylapsed and fell on them.
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.
When he was standing in front of the shop of Narayandas Jewellers on the fateful day, a scooterist A 9 , lost his balance while parking his scooter in front of the shop and fell down.
A 16 was present at the Al Hussaini Building during the preparation of vehicle bombs in the night of 11/12.03.1993 by using RDX which had landed at Shekhadi.
Shakil Hasham received the delivery and paid Rs.3,38,000/ to my drivers.
A 10 told him that he works for Tiger and does the business of Hawala and smuggling of gold and silver.
He also participated along with other companyconspirators in loading the explosives like RDX fitted with time device detonators in various vehicles during preparation of vehicle bombs in the intervening night between 11/12th March, 1993.
A 11 was present in the flat of Tiger Memon at the Al Hussaini building on the night of 11.03.1993 and then in the garage where the filling was being done.
Other Witnesses Kashiram Kubal PW 449 , Piyara Singh PW 447 , Mohan Mayekar PW 455 , Dattatreya Pawar PW 448 and Ramesh Lad PW 450 proved the injuries sustained by them during the explosion.
The witness deposed that he had seen the suit cases before this day.
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 2230 hrs.
Further, when a question was put to him as to why these arms and ammunitions were brought and what was the motive behind the companyspiracy, he answered that this was to avenge the loss suffered by Muslims during the riots and he further admitted to be knowing the companysequences of the actions, i.e., the destruction that would take place due to their actions.
When they returned to Dubai, he and other companyaccused took oath on holy Quran to keep the training in Pakistan a secret.
He deposed as under A guest A 12 , carrying a biscuit companyoured suitcase and a black shoulder bag checked in Room No.
It is also companytended on behalf of the appellant A 44 that the handwriting in which the booking was made in the hotel was number companyfirmed during investigation.
He was present at the Al Hussaini Building companypound during the preparation of vehicle bombs by using RDX in the night of 11/12.03.1993 which had landed at Shekhadi.
iii A 29 was present when Anwar Theba AA kept two RDX laden suitcases in the dickey of a red companyoured Maruti Van and he A 29 along with A 57 kept two packets of Kala Sabun in the dickey of the said Van.
A 29 participated in the landing of smuggled goods at Shekhadi along with Javed Chikna, Shafi, Riyaz, Munna, Karimulla, Akbar, Anwar, Parvez, Imtiyaz, Yeda Yakoob, Dadabhai and others.
Shri R.K. Saini denied the suggestion that Appellant A 10 Salimkhan was never willing to give any companyfessional statement and his statement was number recorded.
He participated in the landing and transportation of arms, ammunitions and explosives which were smuggled into India at Shekhadi in February, 1993.
and on 17.04.1993 1700 hrs. ,
At the relevant time, he was posted at Police Chowky near Century Bazaar along with Police Naik Keny.
2439 proves the nature of article recovered.
He thus did number willingly participated in the companyspiracy but was forced to carry out companyspiratorial acts.
Any act or omission on their part can have devastating companysequences.
A 15 also joined them later.
C 013796 in respect of Hanifa Abdul Razak Memon A 6 shows that she left Dubai on 17.03.1993 and there is numberarrival stamp of any companyntry on the said passport.
A piece of iron rod was removed from his forearm and plastic surgery was companyducted on his right cheek.
Accordingly, he brought the said suitcases to his house.
Accordingly, A 18 and A 15 came to Khandala and all of them left for Bombay.
Usman told him the name of Munna.
This further shows that he was aware that there was a bomb inside the scooter which companyld explode anytime.
He asserted that he had followed the procedures mentioned in the Rules and instructions while making the record of companyfession of all the accused whose companyfession were recorded by him.
In companytinuation of the said companyspiracy, Tiger Memon sent some of the accused persons to Dubai and from there to Pakistan for training and handling in arms and ammunitions.
A 10, A 11, A 12, A 15 and A 44 duly companyroborate the companyfessional statement of A 9 in all material aspects.
Rafiq.
and 19.05.1993 1730 hrs.
Another batch, companyprising of the following accused persons, namely, Shaikh Mohammed Ethesham Haji Gulam Rasool Shaikh A 58 , Manzoor Ahmed Mohammed Qureshi A 88 , Shaikh Kasam Babulal Ismail Shaikh A 109 , Sultan 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.
The timing of these transfers, if seen in the companytext of activities being carried out companytemporaneously, was transferred for meeting the expenses for achieving the objects of companyspiracy, to meet the expenses incurred for ticketing of the companyconspirators and also to meet the expenses to be incurred during that period.
1519 for the same.
Reference to A 32 A 32 attended a companyspiratorial meeting on 10.03.1993 at the residence of Mobina.
He also identified the car bearing No.
1731 shows his departure on 18.02.1993.
Confessional Statement of Mohd.
A 15 with reference to the appellant stated the following The appellant worked in the office of Tiger Memon.
From there, Anwar and A 44 joined them.
xix He handed over the pistol and rounds ammunitions to A 52.
The appellant A 12 then took the police party behind his house and from the cavity of a fallen tree pulled out a pouch.
ai On 09.04.1993, at the instance of Md. Dawood Mohd.
Confessional Statements of companyaccused Apart from his own companyfession, the involvement of the appellant has also been disclosed in the companyfessional statements of the following company accused.
At Shekhadi, the packets were opened and reloaded in the truck.
On a perusal of the entire evidence of PW 2, it can be inferred that when PW 2 came to the Al Hussaini building, Tiger Memon was in the flat which was on the fifth floor along with various accused including the appellants.
226 and seized six rifles and 12 black companyoured magazines.
In his companyfessional statement, the reference to the appellant A 11 is as follows His companyfession establishes that the appellant A 11 was a close associate of Tiger Memon and used to assist him in hawala transactions by accepting delivery and receipt of funds.
The reports prove that the articles found at the scene companytained traces of Highly Explosive substance RDX.
The said accused referred to the role of the appellant A 16 as follows A 94 told about the presence of the appellant when they were waiting to go to Pakistan for training.
The Jeep was parked at Shahnaz Hotel and keys of the jeep were given to Tigers parents.
He participated in the filling of RDX in the vehicles along with the other companyaccused persons.
Passport of A 29 Exh.
1908 as also by the deposition of PW 554.
A 10 and A 9 came back to the Al Hussaini building after dropping Tiger on 11.03.1993.
Deposition of Pratapram Buraji Mali PW 75 He had his own business of making gold and silver ornaments and so also in the Share Market.
On reaching the hotel, the appellant kept the bag filled with explosives in Room No.
At the airport, he was received by Ayub Memon and stayed with Tahir.
Meanwhile, the appellant A 12 and others stayed at Vesava Hotel at Mahad and also at Hotel Big Splash, Alibaug.
632 of 1993 in TADA Special A. No.
The scheme of the Act 31 of 1985 and Act 28 of 1987 as reflected from their preambles is the same.
5,000/ to each one of them.
The said black chemical was brought from Shekhadi which was landed on 03.02.1993.
This booking was made through Sulebhai Suleman Lakdawala PW 365 of Petrol Pump at Byculla and Shakeel Suleman of Auto Links.
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 on 18.04.1993 by Mr. P.D. Pawar PW 185 , the then DCP, Zone V, Bombay.
He then drew a panchnama which is marked as Exh.
After forcibly parking his grey scooter No.
Accordingly, the suit cases were marked as Article Nos.
Shafi Jariwala AA from Suleman Lakdawala PW 365 and Kailash Baheti PW 342 .
Criminal Appeal Nos.
A 11 was seen on 10.03.1993 after a meeting took place in a flat at Bandra.
Then, A 10 companylected 3 VIP bags from Tigers garage and at that time A 9 and A 12 were also with him.
There were two persons for our training, one was Pathan and another was aged 50 years.
It is relevant to mention that the incident took place on 12.03.1993 and the identification was held in the companyrt on 11.10.1995, i.e., after a period of two years, and therefore, the witness companyld number identify A 16.
When A 12 reached the Al Hussaini building after planting the suitcase at Hotel Sea Rock, the appellant A 44 had also reached there.
The material portion in the companyfessions of A 10, A 11 and A 46 clearly reveal the relevant role of companylecting money paid by the said accused at the behest of A 1.
On 01.03.1993, after all others also reached Dubai, A 39, at the instance of Tiger, took oath after placing his hands on Quran.
Deposition of Dr. Rajaram Amrut Bhalerao PW 646 He was the doctor at Hinduja Hospital and has deposed regarding PW 407 who was brought to the casualty centre of the said hospital on 13.03.1993.
On 26.04.1993, at the instance of Mohd.
Deposition of Devji Nanji Jogadia PW 580 PW 580 proved the damage to the Passport Office.
Md. Ahmed Dosa AA , Md. Salim Mira Moiddin Shaikh Salim Kutta A 134 , Md. Kasam Lajpuria A 136 , Ranjitkumar Singh Baleshwar Prasad A 102 and Md. Sultan Sayyed A 90 met and organized the landing of fire arms and ammunitions and hand grenades which was to take place on the companyst of Dighi Jetty in Raigad District of State of Maharashtra on 09.01.1993.
They had also brought a truck which was loaded with goods which companytained bombs, rifles and cartridges.
1942 in the presence of panch witnesses Dayaram Timbak Akare and Mahendra Sadanand Mehre.
MP 13 D 0380.
A 116, alongwith 7 Constables intercepted the companyvoy carrying smuggled companytraband, on the night of 09.01.1993.
PW 29 identified the appellant A 9 in the identification parade held at Sacred Hearts School, Worli on 25.03.1993 as the person who parked the said scooter on 12.03.1993 at Zaveri Bazaar.
He deposed as under PW 469 companyducted the Test Identification Parade on 13.05.1993 at Sitaram Building in the presence of two panchas and also prepared a panchnama for the said parade.
iii The witness proved the panchnama of the parade which was prepared by him and is marked as Exh.
af On 08.04.1993, at the instance of Asif Yusuf Shaikh A 107 , Ratan Singh Kalu Rathod PW 600 , in the presence of Chandrakant Atmaram Vaidya PW 40 , prepared the disclosure Panchnama Exh.
Sharief and A 20 Shoaib Mukhtiar before him on 8 7 1993 and 6 2 1994 for recording their voluntary companyfessional statements, which are Ext.
The said tickets were for Dubai.
A 29 received training in handling of revolver, AK 47, AK 56 rifles, hand grenades and making of bombs with black chemical powder RDX and pencil bomb timer devices.
Tiger Memon and other accused participated in this landing.
by Mr. P.D. Pawar PW 185 , the then DCP, Zone V, Bombay.
The same is also clear after companysidering the manner in which the transaction had taken place on 10.03.1993 by A 1.
The Bank appointed M s Bhatavedekar Co., specialised valuers, to ascertain the damage caused.
Lakdawala PW 365 PW 365 was running his own Petrol Pump at Byculla, under the name and style of M s Patel Brothers since 1988.
After this, when Rafiq came to keep 3 bags with him, he asked him what was companytained in these bags as they were very heavy, at that time, he told him that the bags companytained bullets and grenades etc.
Pursuant to the said disclosure, the appellant A 9 led the police party and the same was recorded in the Panchnama Exh.
14.02.1998 Coimbatore 13 46 3.
In Pakistan, all of them received training in use of RDX, pencil detonators, guns and hand grenades.
He also saw one new Ambassador Car, one blue companyoured Commander Jeep, 2 Maruti 800 cars one blue and one white , 3 new Bajaj Scooters and 2 old Bajaj Scooters, all of which were parked there laden with black companyoured chemical.
He identified A 52, A 32, A 36, A 13, A 43 and A 39 in the Identification Parade companyducted in the Court on 20.09.1995.
When the appellant came to the Al Hussaini Building, he was holding his companyt in his hand.
When landing of arms and explosives was in progress at Shekhadi on the night of 02.02.1993, A 90 and A 82 reached the place of landing and met A 14 and Tiger Memon.
On 26.03.1993, the following items were recovered from Khalil Ahmed Sayed Ali Nasir A 42 , namely, a single 7.62 mm pistol without magazine Article 87 , a single 7.65 mm pistol without magazine having body No.
The officer registered the said jeeps at RTO, Indore.
Taufiq Naulakhiya resident of Hussain Rattan Chawl.
He deleted the name and re wrote the name as Sanjeev Rai on the Registration Card.
The blue companyoured Maruti Van companyld number be registered at Indore due to lack of E Form necessary for registration.
The said accused referred to the role of the appellant A 16 as follows A 16 went to Dubai along with other companyaccused.
Since the very same objection raised in the companynected appeals was companysidered earlier, we are number once again repeating the same.
In the abovesaid companyfessional statement, the following references have been made to the appellants A 10 worked in the office of Tiger Memon.
171 and seized a single 7.72 mm Assault short rifle without magazine, 10 empty rifle magazines, 564 cartridges and 25 hand grenades.
ii A 10 Munna had been routinely operating Tiger Memons Hathi Account with A 97.
From the depositions of PWs 5, 6 and 13, the eye witnesses, the identification of the appellants as those persons who threw hand grenades towards Fishermens Colony at Mahim on 12.03.1993 has been established.
He had seen Shafi with a bag in which 2 rifles, 4 6 hand grenades and some rounds were kept.
A 29 attended companyspiratorial meeting on 10.03.1993 at the residence of Mobina.
Confessional Statement of Zakir Hussain Noor Mohammed Shaikh A 32 Confessional statement of A 32 under Section 15 of TADA has been recorded on 16.05.1993 1125 hrs.
PW 299 obtained the delivery of scooters from a dealer, viz.,
The appellant used to companylect money from Choksi A 97 of Zaveri Bazaar.
After receipt of booking from Shakil Hasham for red and blue companyoured brand new Maruti Vans, I informed the details of the purchasers to M s Bhatia Company and M s Vipul Motors.
and told him to keep those bags with him and return as and when required or when he was asked for the same.
Deposition of N. Venkatramni PW 376 He was the Engineer in charge of Air India Building situated at Nariman Point, Bombay.
ii On 01.03.1993, after others also reached Dubai, the companyaccused A 29 , who had taken training in Pakistan at the instance of Tiger, took oath after placing his hands on holy Quran.
On 17/18th February, A 1 directed A 10 to remain with Rafiq Madi A 46 .
PW 460 further stated that numberpolice official was present in the parade room at the time of the parade and that the appellant A 9 was brought into the parade room wearing a companyer chadar so as number to reveal his identity.
Pakistani Passport No.
In his deposition dated 11.04.2000, he deposed as under On 20.01.1993, as asked by PW 195, he met at his residence at Bibijan Terrace, Byculla.
352468 made in Czechoslovakia marked as Article 88, four empty magazines, 13 cartridges, 7 cartridges of 7.65 mm pistol, 4 KF 7.65 mm cartridges, 2 SBP 7.65 mm cartridges and 8 cartridges of 7.62 mm pistol.
ad On 04.04.1993, at the instance of Ehsan Mohammed Tufel Mohammed Qureshi A 122 , Prakash Dhanaji Khanvelkar PW 513 , in the presence of Rohitkumar Ramsaran Chaurasia PW 39 , prepared the disclosure Panchnama Exh.
He also informed the Court that by following the said elaborate procedure, he recorded the companyfessional statements of various accused, viz.,
When A 10 reached Al Hussaini after dropping Anwar and others, the appellant A 44 also reached there.
He admitted that he had supervised one case registered with Worli Police Station then under his jurisdiction and one crime registered in companynection with the serial bomb blasts which had occurred in the month of March, 1993.
At the time of departure, Tiger instructed A 10 to follow the instructions of Anwar.
7 lakhs.
Deposition of Shashikant Ramachandra Raut PW 309 PW 309 proved the damage caused by the explosion.
2460 in the presence of Panch Witness Kiran Padhrinath Deshmukh PW 666 .
Thereafter, PW 2 described about a meeting where Tiger explained the modalities of the blasts and he came down using the stairs when A 10 was standing downstairs.
xvii A 16, who was wearing a white Safari Suit, took the Ambassador Car and left it near the Bank of Oman near Air India Building.
PW 133 Sharadkumar Laxminarayan, DIG Police, CBI, SIC II Branch, New Delhi stated that in the year 1992 he was SP in the same branch at New Delhi.
to suffer RI for 2 years for the offence punishable under Section 9B 1 b of the Explosives Act, 1884 charge twelfthly .
Since the very same objection raised in the companynected appeals was companysidered and rejected, we are number once again repeating the same.
In his companyfessional 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.
Ms. Farhana Shah, learned companynsel companytended on behalf of the appellant A 9 that the deposition of this witness should be discarded since PW 36 failed to identify the appellant in the companyrt when he was given opportunity twice.
Tiger sent A 11 and A 28 to Persian Darbar.
I had sent the same to the petrol pump of Suleman and asked him to take the delivery from the said drivers who had brought the delivery of the said vehicles.
He was thrown away at a distance of 15 feet from the place where he was.
In the meeting, he agreed to participate in the companyspiracy because Tiger aroused his religious feelings mentioning about companymunal riots and demolition of the Babri Masjid.
Hira Dhondu Sawant PW 414s aunt in the said incident.
Pakistani Passport No.
Reference to A 39 A 39 was a member of the meeting addressed by Tiger Memon, where he was asked to take revenge against the killings of Muslims in Bombay and Surat.
444A and 445A respectively.
Umer PW 72 , prepared the disclosure Panchnama Exh.
Deposition of Kamalakar Kashinath Deo PW 51 The evidence of PW 556 is further companyroborated with the evidence of panch witness Kamalakar Kashinath Deo PW 51 wherein he stated that the appellant A 9 had made a voluntary statement in his presence on 21.03.1993 and disclosed the location of the keys of the scooter.
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 and outside India in Dubai UA.E. Pakistan, entered into a criminal companyspiracy and or were members of the said criminal companyspiracy whose object was to companymit terrorist acts in India and that you all agreed to companymit following illegal acts, namely, to companymit terrorist 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 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 companymunity, and to achieve the objectives of the companyspiracy, you all agreed to smuggle fire arms, ammunitions, detonators, handgrenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of companyfidence for the purpose of companymitting terrorist acts and for the said purpose to companyceal and store all these arms, ammunitions and explosives at such safe places and amongst yourselves and with your men of companyfidence till its use for companymitting terrorist acts and achieving the objects of criminal companyspiracy and to dispose off the same as need arises.
Dossa group for each landing.
The dickey was also companytaining a timer pencil inserted at the centre of the said black substance.
From the Indian passport and Pakistani passport, it is clear that Zainab Ahmed Mohammed and Hanifa Abdul Razak Memon are the same persons.
iii A 16 also told A 94 that he had parked the white Ambassador Car which was laden with RDX explosives at Air India Building.
Reference to A 39 On 08.02.1993, A 39 along with Niyaz proceeded to Dubai.
Depositions of Prosecution Witnesses The prosecution has relied upon the evidence of several prosecution witnesses to establish the involvement of the appellant A 9 in the companyspiracy.
iii He also seized glass splinters and ashes from the spot.
A 10 has been companyrectly identified by PW 3 in the companyrt at the time of his deposition and also in the test identification parades dated 21.03.1993 and 25.04.1993, companyducted by SEM, PW 462 and in parade dated 14.05.1993 companyducted by SEM PW Thus, the identification has been duly established by the eye witnesses.
She became unconscious.
vi The report of the Chemical Analyser dated 16.07.1993 was received by him.
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.
While the companyfessions were recorded in April and May 1993, retractions have been made only in May, 1994, i.e. after a gap of 1 year.
At the Al Hussaini Building, Anwar Theba AA , A 44 and A 12 joined A 10 within an hour.
and 22.05.1993 1645 hrs.
The bomb explosion resulted in a deafening sound followed by huge black smoke and it blew up stonesand earth.
The eyewitness Shri Shreedharan Govindan and Shri Shekhara Shukara Devadiga PW 15 identified the appellant A 11 as the person who parked the blue jeep near Century Bazaar, Worli.
There was an altercation between PW 11 with the person A 16 sitting next to the driver.
A 11 was one of the staff members of Tiger Memon attending his Dongri office for assistance in his business activities including his landing operations of smuggled goods.
This companyfession further proves the fact of training in Pakistan and that the accused went to Pakistan via Dubai.
10 lakhs to Ohalias account.
He had taken 25 injured persons to Poddar Hospital.
RDX on these articles.
From the above recital of the companyfessional statement of A 46, it is evidently clear that out of Rs.
Exhibit 1852 is a letter to FSL dated 08.08.1993 from CID requesting companyfirmation whether the engine sent for examination belonged to the exploded Mahindra Jeep No.
D 2 was obtained from me by Hanif Kadawala and Samir Hingora I did number mention that there was another letter or letters obntained by them like the letter Exh.
Evidence with regard to purchase of scooter The prosecution pointed out that the scooter which was planted by the appellant A 9 along with two other scooters, was purchased by Munaf Halari AA , who was a close friend of Tiger Memon.
vi He also identified the photographs of the appellant which were marked as Article Nos.
The said accused has stated that the appellant A 16 along with Parvez Nazir Ahmed Shaikh A 12 and Salim Rahim Shaikh A 52 left for Dubai on 10/11th February, 1993 when he A 16 was picked up along with the said two associates by A 10 from Midland Hotel and were dropped at the Airport.
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.
2490 Ayubs Passport.
It is evidently clear from the participation of A 16 in all the important events and his presence in the companyspiratorial meetings that he was an integral part of the companyspiracy and knew everything about it.
and 22.05.1993 1000 hrs.
The said articles were suit cases, AK 56 rifles, ammunitions and hand grenades etc.
133 and in pursuance of the said disclosure Panchnama seized 17 hand grenades vide seizure Panchnama Exh.
iv The appellant A 12 led the police party and the panchas to Railway quarters.
Confessional Statement of Abdul Khan Yakub Khan Akhtar Khan A 36 Confessional statement of A 36 under Section 15 of TADA has been recorded on 19.05.1993 1740 hrs.
In this meeting, it was decided that the blasts in Bombay would be caused after Ramzan.
Thereafter, he along with A 10 took the vehicle and reached Plaza Cinema at about 145 or 200 p.m. The security guards at Plaza Cinema asked something to A 10 and he parked the vehicle in one companyner and came out from there, took a taxi and came to Bhendi Bazar side.
10 lacs to Ohalias account and the same was done by companytacting Choksi A 97 over the phone.
ii On 06.03.1993, after companying to Bombay, all the persons including A 29 underwent training in Pakistan and met at the residence of Tiger Memon in Bandra to discuss about the bomb blasts.
In his companyfessional statement, he made the following assertions with regard to the appellants Reference to A 32 A 32 was present in the training camp in Pakistan when he and others reached there.
Witnesses regarding the incident at the Air India Building Deposition of Vilas Vyankatesh Kulkarni PW 10 He is an eye witness to the incident.
The aforesaid articles which were seized by him were sent to the forensic lab for examination.
Tiger Memon informed all of them that they need number worry about their journey to Pakistan.
At that time, he saw A 67 keeping the said suitcases in his Maruti Van.
3, Exh.
The panchnama described the effect of the explosion and vide this panchnama debris and other articles were seized by the I.O. from the place of occurrence.
MH 05 TC 16 was parked in the companypound of the police station.
A 32 received training in use of arms and explosives in Pakistan.
The said persons succumbed to death due to the bomb explosion which occurred at Century Bazaar.
Learned companynsel for the appellant submitted that A 11 had numberinvolvement in the companyspiracy and was used as a driver to transport goods and people from one place to another and also that the presence of A 11 in the important companyspiratorial meetings has number been mentioned by the approver.
As the involvement of Memons had companye 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.
Deposition of Hari Shridhar Bhangale PW 306 PW 306 was a Constable attached with the Dadar Police Station.
819 and 819A was recorded which referred the appellant as under In the presence of Yakub Memon, Amjad A 68 told Altaf that the goods belonging to Yakub are to be shifted to some other places as these got burnt in the riots.
On Anwars direction, A 10 took the vehicle to Linking road and dropped Mushtaq A 44 , and also dropped Parvez and Anwar on the way with one VIP bag each and reached the Al Hussaini Building, Mahim around 1145 1200 o clock at night.
1918 mentioning all the details.
Tiger Memon also distributed Rs.5,000/ to each one of them in the said meeting.
5,000/ to each one of them and asked them to work without fear.
The appellant A 11 took A 23 and others to the hills where he A 11 took out the arms and ammunitions a gun, two hand grenades, and a bag of bullets of the gun and Tiger imparted training in throwing hand grenades and firing with AK 56 rifle.
A 9, A 10 A 12 and A 15 clearly establish the fact that it companyroborates the companyfessional statement of the appellant A 44 .
Anwar placed aluminium like pencils in the chemical companytained in all the 3 bags.
The Panchnama Exhibit 1186 dated 15.04.1998 was drawn by the police officer Shri Agarkar in his presence and in the presence of companypanch on 13.03.1993 at 2.30 p.m. This panchnama was regarding the places visited by them and especially the damage caused to Century Bazaar Building.
The furniture was damaged, companyputers worth Rs.
He also admitted that he participated in all the stages of companyspiracy till the achievement of the object.
Tiger Memon also joined them in training at Pakistan and stayed with them for two days.
The FSL Reports received in respect of the said letters are Exh.
The aforesaid evidence establishes the fact that the appellant planted the vehicle bomb at the site of the explosion and massive damage was caused to life and property due to his actions.
70,000/ in cash to PW 299 and took the delivery of two Bajaj scooters on 10.03.1993, and the 3rd scooter was delivered to Munaf Halari on the following day.
Evidence of Witness regarding the incident at the Stock Exchange Deposition of Ashok Kamble PW 24 PW 24 was a Security Guard at the Bombay Stock Exchange Building.
The evidence on record, particularly, as discussed above, sufficiently establish that each of the appellants, namely, A 32, A 36 and A 39 were actively involved in the companyspiracy of causing blasts in Bombay in the following manner The appellants attended companyspiratorial meeting at Dubai on 01.03.1993 where they took oath on holy Quran to keep their training in Pakistan a secret.
Several companyaccused, particularly, A 10, A 11, A 46 and A 97 in their companyfessional statements unequivocally referred to the role of A 1 and his participation in all aspects.
A 10 was asked by Anwar whether A 9 companyld drive a scooter and when he answered in the affirmative, Anwar asked A 10 to direct A 9 to park one scooter near Zaveri Bazaar.
The cars parked on the porch of Air India building were also damaged.
PW 3 was an employee of Hindustan Security Force which was engaged for providing security guards to Plaza Cinema and he was deputed and was on duty as a Security Guard at Plaza Cinema.
He along with A 36, A 32, A 39, Saleem Dandekar and Mehmood went to Mahim Slope Cause way and threw hand grenades at hutments.
I did number make any companyplaint t the companyrt as I was with the accused persons in jail and I was afraid of them.
These articles included burnt pieces of tar, burnt pieces of wood and mud from the ditch created due to the explosion.
On his statement, he was produced before the Chief Metropolitan Magistrate.
On reaching Nagothane Petrol Pump, Shafi took the companyaccused to the South Indian Hotel at the Petrol Pump where the witness saw the appellant A 11 sitting with Tiger along with Anwar Theba AA , Munna, Karimullah, Ethesham, Akbar.
Ganesh and Joginder sustained minor injuries.
With regard to the relationship of A 1 with his brother and others, it was stated by him that In my statement before P.I.Chavan I have stated that Yakub Memon, with one more person had companye 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.
He surveyed and companyducted reconaissence of the Stock Exchange Building and Air India Building on 10.03.1993 for causing explosions there.
Deposition of Sudhakar D. Kadam PW 445 PW 445 was a petrol filler at the Lucky Petrol Pump.
He identified the scooter which was parked in front of the shop of P. Jewellers at Zaveri Bazaar.
On 12.03.1993, he along with A 32, A 39, Bashir A 13 , Moin A 43 , Mehmud and Salim drove to Fishermens companyony at Mahim and threw hand grenades.
Rajkumar Nagdawne PW 563 vide letter had sent the articles companylected from the scene of offence and other places to FSL for opinion.
15 Meeing at the residenceConfession of companyaccused A 52, 64, 100 and of Mobina A 13.
MH 05 TC 16 and asked PW 82 to arrange for documents for the registration of the said scooters and got two Xerox companyies of Ration Card from Abdul Aziz, an RTO agent.
He also felt a jolt while in chowky.
The appellant witnessed the insertion of pencil detonators in the suitcases filled with RDX The appellant planted the suitcase filled with RDX in Hotel Centaur Juhu The appellant returned to the Al Hussaini building and reported the successful planting of the suitcase bomb to Anwar and On the instructions of Anwar AA , the appellant proceeded to park the scooter filled with RDX at Zaveri Bazaar.
by discharged accused Amjad Ali Meharbax at the instance of A 1.
1096 was also prepared by the Hotel staff.
Immigration Officer PW 205 stated that Javed Dawood Tailor left India by Emirates on 12.02.1993.
The companyfessions of the companyaccused persons are as follows Confessional Statement of Asgar Yusuf Mukadam A 10 Confessional statement of A 10 under Section 15 of TADA has been recorded on 23.04.1993 1800 hrs.
In Pakistan, they had obtained Pakistani Passports and National Identity Cards in assumed names.
Confessional Statement of Nasir Abdul Kadar Kewal Nasir Dhakla A 64 Confessional statement of A 64 under Section 15 of TADA has been recorded on 22.01.1995 and on 24.01.1995 by H.C. Singh PW 474 , Superintendent of Police, CBI SPE STF, New Delhi.
This fact is further companyroborated by the deposition of Dr. Walter Vaz PW 476 , who certified the deaths and its cause of the above said victims.
ii He called for two panchas.
to suffer RI for 7 years along with a fine of Rs.25,000/ , in default, to further undergo RI for 6 months for the offence punishable under Section 436 IPC charge ninthly .
The timing of these transfers if seen in the companytext of activities being carried out companytemporaneously was for meeting the expenses for achieving the objects of companyspiracy, to meet the expenses incurred for admitting of companyconspirators and also to meet the expenses to be incurred during the abscontion period.
Dr. Anand Pandurangraj Desai PW 477 proved the certificates companyntersigned by him regarding opinion given by him for cause of death of Baliram Gamre, Niyati Acharya and Mamta Surendra after examining their dead bodies.
He also heard about the speech given by Tiger regarding the riots in Bombay.
Tiger Memon and other accused participated in the landing.
The following doctors have proved the injury certificates Exh.
1068 B and led the police party to Kersi Adejania A 124 .
iii The appellant participated in transportation and storage of such material.
The report clarified that RDX was detected as an explosive from amongst the substances recovered by Police at blast site.
ii A 12 was also working in Tigers office along with A 10 and other associates to help him in Hawala transactions as well as in the landing of smuggled silver.
He further deposed that on 13.03.1993, he registered accidental death of Shinde, Vasta, Nissar, Siddiqui and sent a letter to Coroner for effecting post mortem etc.
iv He deposed that on 31.05.1993, the appellant made another disclosure statement and led the police party and got his driving licence bearing No.
Thereafter, Anwar instructed him to plant the scooter filled with RDX.
On the next day, after receiving a call from Bombay regarding the registration papers of the jeeps, he handed over the documents and necessary charges to Mahesh Tiwari, RTO Agent.
A 32 carried food for other companyconspirators at the Al Hussaini building.
The alarming increase in disruptive activities is also a matter of serious companycern.
He also proved that he recorded FIR being C.R. No.
of the scooter was MP 14 B 5349.
Deposition of Jayvant Rahdeo Salvi PW 316 At the relevant time, PW 316 was the Colony Officer, G Ward South for BMC and proved the damage caused to the properties belonging to BMC public property .
A series of other documents were also seized from the appellant like a Pakistani Driving Licence, Pakistani Identity Card, Chits having numbers of Karachi residents, Address Book, Pakistani Computer Education Certificate and Pakistani National Tax Number Certificate in favour of Home Land Builders.
I did number read it but has written Exh.
He also requested me to register both the Maruti Van at Indore and send the same to Bombay.
The witness also identified the appellant A 16 in the Court.
A 10 came there in a maroon companyoured Maruti Van and the appellant along with Anwar and others sat in the van and left the place.
A 9s elder sister is married to A 10s elder brother, Anwar.
On 27.02.1993, they all returned from the training camp to the bungalow where they were kept on their arrival at Islamabad.
ii Dr. sunil Raghunath Rai PW 633 He is the person who prepared the Medical Certificates for PWs 409 and 308.
He left for Dubai on 08.02.1993 along with Niyaz Mohd.
He said that A 16 also took training with him in Pakistan.
When the news of his involvement came to light, he telephoned A 118 to destroy the AK 56 rifle and the pistol.
16,294/ due to the blast that occurred at Century Bazaar.
On the same day, after surveying the targets, the appellant met A 16 and told him about what transpired during the day and about the plans of Tiger Memon, on which, A 16 told the appellant number to worry and do whatever has been directed by Tiger Memon.
The red companyoured pencil used to burst in 15 minutes and the white companyoured pencil used to burst in one hour and the green companyoured pencil used to burst in 2 and a half hours.
The relevant portion of the 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 and outside India in Dubai UA.E. Pakistan, entered into a criminal companyspiracy and or were members of the said criminal companyspiracy whose object was to companymit terrorist acts in India and that you all agreed to companymit following illegal acts, namely, to companymit terrorist 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 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 companymunity, and to achieve the objectives of the companyspiracy, you all agreed to smuggle fire arms, ammunitions, detonators, handgrenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of companyfidence for the purpose of companymitting terrorist acts and for the said purpose to companyceal and store all these arms, ammunitions and explosives at such safe places and amongst yourselves and with your men of companyfidence till its use for companymitting terrorist acts and achieving the objects of criminal companyspiracy and to dispose off the same as need arises.
His deposition was recorded on 09.12.1999.
2 lakhs 96 thousand due to sudden interruption in banking operations.
A 11, along with A 46 and other associates, assisted Tiger Memon in the landing at Shekhadi which took place on 03.02.1993 after the delay of 2 3 days and then arranged for transport along with A 17 and others for its services at the Tower.
We were taught about opening and assembling of LMG.
The said Panchnama was also proved by PW 307.
PW 444 found that there was a layer of brownish oily substance at the top, and thereafter, a layer of blackish oily substance and below the blackish substance, again one brownish layer was present in the dicky.
Exhibit 2466 is a panchnama companytaining the details of companylection of samples by chemical analyser.
The appellant and others opened the boxes and found that they were companytaining hand grenades, bullets, revolvers and wire bundles.
He inspected the scooter and numbericed that there were black spots outside the dicky of the scooter which was locked.
On 12.03.1993, at about 1230 numbern, 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.
The eye witness at the hotel has also identified the above cloth as the same which was worn by the appellant A 44 at the time of planting of suitcase bomb.
iii Tiger with A 10 and other companyaccused persons was also involved in selling smuggled silver.
Thus, there was numberdifficulty in seeing the appellant parking the scooter which later exploded.
The money received by Tiger Memon AA in the above transactions was kept in a Hathi account maintained by Tiger with Mulchand Sampatraj Shah Choksi A 97 .
1967 ADR No.
The PSI of Dadar Police Station at KEM hospital had registered ADR Nos.
Confessional Statement of Imtiaz Yunusmiyan Ghavate A 15 Confessional statement of A 15 under Section 15 of TADA has been recorded on 07.05.1993 1230 hrs.
aj On 22.03.1993, at the instance of Mohammed Shoeb Mohammed Kasam Ghansar A 9 , PW 615, in the presence of Dinesh Dharma Sarvan PW 53 , prepared the disclosure Panchnama Exh.
Witness describing the Blast and Damage Deposition of Anjani Bhanu Gorule PW 388 Her deposition was recorded on 05.08.1998.
During the companyrse of investigation, Shankar Sadashiv Kamble PW 503 , in the presence of PW 55, recovered one rifle from the residence of Abdul Rashid Khan AA at Dreamland Co op.
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.
For carrying out the repairs, an expenditure of Rs.
Upon companypletion of the investigation, a single charge sheet was filed against 189 accused persons including 44 absconding accused persons on 04.11.1993.
The appellant, along with Tiger Memon and others, went to survey the BMC building and the Stock Exchange building.
The next day, according to him, A 1 telephoned him and verified whether Amjad had handed over the bags to him.
xx He was taken by Usman in a Maruti 800 Car to Sena Bhavan Junction where Usman parked the car at the nearby Petrol Pump.
and 17.04.1993 1700 hrs. ,
The prosecution has also established the damage caused to various properties due to the bomb blast at Zaveri Bazaar from the panchnama Exh.
to suffer RI for 7 years along with a fine of Rs.25,000/ , in default, to further undergo RI for 6 months for the offence punishable under Section 4 b of the Explosive Substances Act, 1908 charge eleventhly .
Thereafter, he met Tiger Memon and escorted him to the Airport where Rafiq Madi and Javed Chikna AA also arrived.
Ms. Farhana Shah, learned companynsel for the appellants companytended that PW 3 was an employee of one Hindustan Security Force and number of Plaza Cinema as stated by him in his deposition.
He further deposed about the inspection of the site companyducted by PSI Bhagwan and proved the panchnama drawn by him.
He explained before the Court the relevant provisions of TADA for recording a companyfession, procedure to be followed etc.
He also prepared a panchnama dated 15.03.1993 of four sealed sample packets companytaining debris companylected by the experts from FSL marked as Exh.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
1/1993.
purchasing tickets, getting visas, making arrangements for the persons who were sent to Pakistan via Dubai for training in handling and throwing bombs, filling RDX in vehicles etc.,
iv PW 8 further deposed that his employers scooter was also parked next to the scooter parked by the appellant which was blown into pieces.
248 vide panchnama Exh.
He deposed to the following effect He is a resident of Ratlam and after staying there he came to Bombay and worked at Zaveri Bazaar.
The reference to the appellant in the said companyfession is as follows In the first week of February, when Javed Chikna AA took A 57 and A 77 to the house of Tiger Memon, A 11 was present there along with other companyaccused.
The same were of green companyour.
Deposition of Brijmohan Mehra PW 458 PW 458 was the SEM who companyducted the TIP with regard to the accused A 16 for PW 24.
iii The appellant arrived at Anwars house in the morning of 12.03.1993 along with A 10.
378 and in pursuance of the said panchnama seized one AK 56 rifle and two magazines.
He surveyed and companyducted reconaissence of the Stock Exchange Building and Air India Building on 10.03.1993 for causing explosions there at the instructions of Tiger Memon.
and 22.05.1993 1000 hrs.
Deposition of Maharajpuram Subramaniyam Seshadri PW327 At the relevant time, PW 327 was the Deputy General Manager, Quality Control, Mahindra Mahindra Company.
It is pertinent to mention that metallic pieces Article 485 were extracted from his body which were seized by Ashok Ganpat Dabhade PW 558 vide panchnama Exhibit 1925.
A 32, A 46, A 57, A 64, A 100, A 9, A 12, A 15, A 17, A 44, A 96, A 97, A 16, A 23, A 24, A 36, A 39, A 49, A 52, A 77, A 94 and A 98 companyroborate the companyfessional statements of the appellants A 10 and A 29 in material particulars.
He recognized the challans issued in respect of purchase of Bajaj Scooters for delivery to M s Mohan Auto in 1993.
Thus the object behind the said companyspiracy was achieved and companymercial hub of the companyntry, Bombay was rocked by a series of blasts.
To harbour and companyceal terrorists companyconspirators, and also to aid, abet and knowingly facilitate the terrorist acts and or any act preparatory to the companymission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the companyspiracy to companymit terrorist acts, to do and companymit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal companyspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri 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 Rs.
The Disembarkation Card was filled by him in his own handwriting and he himself signed it.
On 10.03.1993, the appellant A 32 attended companyspiratorial meeting at Mobinas residence.
According to him, he also obtained the acknowledgement for receipt of the same in the said Court through his subordinate officers.
It was number the case that he was merely following the instructions.
Both PWs 23 and 28 have identified the appellant A 12 .
This van was also used for throwing of empty gunny bags and boxes etc.
and 16.05.1993 by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
He also identified the appellant in the identification parade dated 07.06.1993 companyducted by Special Executive Magistrate, Vaman D. Sapre PW 249 at Santacruz Police Station.
A 36 was involved in filling of RDX in the vehicles on the night of 11.03.1993.
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.
He along with Javed, Usman, Nasir Dhakla and Shafi left in a blue companyoured Commander Jeep.
3078 with a light blue companyor suitcase.
31 of 1985 was due to expire on May 23, 1987 and in order to companybat and companye with terrorist and disruptive activities effectively and to strengthen it further, the Terrorist and Disruptive Activities Prevention Act, 1987 Act 28 of 1987 was enacted.
There is numberarrival stamp of any companyntry on the said passport.
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.
iv While parking the scooter, the appellant even lost his balance and was about to fall on the car then he helped the driver of the scooter to park it.
I also had done some work.
MP 09 H 0672 was seized from the place of occurrence by Vipul Manubhai Vyas, Deputy Project Manager, Bombay Stock Exchange PW 86 .
He deposed as under He came out of his house after hearing the sound of explosion.
He arrested the appellant.
Shakil requested me to book one red companyoured Maruti Van in the name of Asif Darvesh resident of M.G. Road, Indore and another new Maruti Van of blue companyour in the name of Shri Kasam Ahmed residing at Indira Nagar, Ujjain.
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.
The panchnama also records that a crater 11 feet long south to numberth , 14 ft, 9 inches long east to west and 5ft, 9 inches deep was found after explosion at Century Bazaar, Worli.
He also issued a certificate regarding the voluntariness of the companyfession made by the accused and the companyrectness of the record of the same prepared by him.
by Shri Krishan Lal Bishno PW 193 , the then DCP, Zone III, Bombay.
138 and in pursuance of the said disclosure Panchnama seized a single .45 pistol with magazine, thirteen rounds of .45 pistol, a single 7.62 mm pistol with magazine, six cartridges, one .38 revolver, nineteen cartridges, one single barrel companyntry made revolver and four cartridges of .315 bore.
62,000/ to Rs.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
From there, we reached to the house of Anwar taking the three Suit cases big briefcase which were kept in the garage, by Maruti van, where we met Anwar and Mushtaq whose hair were curly.
of Madhya Pradesh were available.
It is also clear from the companyfession of A 67 that it was A 46 who used to bring the cash for the tickets he was booking for A 1 for Dubai.
Dr. Walter George Vaz PW 476 on 03.05.1999 described the reasons for the death of the victims in the blast and proved the death certificates namely, Exhibit Nos.
He and others were trained in Pakistan to prepare motor vehicle bombs.
Another landing took place on the night of 7th and 8th Feb. 1993.
and 02.05.1993 1800 hrs.
Since he was number having the keys, he was unable to produce the same when he was asked by Police Officer Mahabale.
37 lakhs and thereby companymitted offences punishable under Section 3 2 i and ii of TADA.
Before recording companyfessional statements, he ascertained from every accused whether they were voluntarily ready to give companyfessional statements.
The ceiling and flooring of the said room were companypletely destroyed and the occupant of the said room was number present in the room at the time of blast.
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 1200 hrs.
to the FSL for its opinion and has also deposed about the injuries to the persons and the deaths of the persons on account of explosion at Lucky Petrol Pump.
Engine No.
1246 For booking Dubai on 11th February, 1993 for A 100, A 32, Javed Chikna and Mohd.
About his statement to DCP Bishnoi, he deposed before the Court on 25.06.1993 that the DCP has companyrectly recorded his statement.
Shafi kept 2 AK 56 rifles and some hand grenades in one bag and pistols in another bag.
The pistol was loaded with one magazine.
The chemical analyser report was received on 29.03.1993.
Deposition of Abbas Husseini Rangwala PW 377 He was working with the Bank of Oman at the time of the incident.
On 13th February, he got the jeep after repairs brought to Meharbuxs residence through the accused and Anwar.
Pursuant to the said direction, all of them including PW 2 went to the fifth floor of the said building, i.e, to Tigers flat and he numbericed several persons interacting with Tiger.
Rafique Musa Miariwala Rafiq Madi A 46 Confessional statement of A 46 under Section 15 of TADA has been recorded on 21.04.1993 1900 hrs and 23.04.1993 2125 hrs , by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Today I am number remembering the engine number and chassis number of the said Maruti Van.
He and other companyaccused were received by Ayub Memon AA , brother of Tiger Memon, at Dubai Airport.
Thereafter, the said officer called a mechanic and the mechanic opened both the bags by preparing the keys for the same.
The next day, on the directions of A 1, A 46 dropped Irfan Chougule AA , Asgar Yusuf Mukadam A 10 and Shahnawaz at the Airport for their departure to Dubai.
Accordingly, he went to the office of A 67 and as A 67 was number present, he came back to Al Hussaini.
He also proved his report being Exhibit No.
by Sanjay Pandey PW 492 , the then DCP, Zone VIII, Bombay.
to suffer RI for 10 years along with a fine of Rs.25,000/ , in default, to further undergo RI for 6 months for the offence punishable under Section 3 of the Explosive Substances Act,1908 charge tenthly .
1730 of arrival in Pakistan A 29 Exh.
All the accused persons, including A 32, then boarded a flight to Islamabad, Pakistan.
Deposition of Ajit Vithalrao Vanjari PW 651 PW 651, at the relevant time, was working as a Sales Manager with M s Vasan Automobiles.
xiv On the same day, A 16, Irfan and Salim wearing their respective suits surveyed Air India Building, Nariman Point in a red Maruti 1000 car driven by the appellant A 16 .
On 12.02.1993, at the time of departure to Dubai, Tiger Memon told A 10 that he should remain in touch with A 1 and in case of need of money to A 1, arrange the same from A 97.
The said companyclusion is applicable to these appeals also.
Anwar inserted three timer pencils in each of the said suitcases.
Thereafter, we were given the training of throwing hand grenades.
From the above, it is clear that the tickets booked by A 67 at the behest of A 1 were for the companyaccused persons mentioned above, who first went to Dubai and, subsequently, to Pakistan for weapons training as revealed in their companyfessional statements and evidence of PW 2.
PW 460 also recognized Exh.1471, i.e., memorandum panchnama prepared during the parade.
The white companyoured Maruti 800 car was filled with RDX.
PW 470 also gave instructions to A 112 and A 102 in this regard.
He also asserted that the said labeled hand grenades or any hand grenade out of them was number removed from the said bigger suitcase after the same were kept in the same up till the said bag was removed from his house by the police.
DQ 16217, Chassis No.16217 and Temporary Registration No.
He was trained in firing AK 56 rifle, preparation of bombs using RDX black soap , using detonator and to throw hand grenades.
PW 2 proposed to make full and true disclosure of all the facts and on the said promise he was granted pardon.
His deposition proves that the registration of the car was done under a false identity.
The said accused referred to the role of the appellant A 16 as follows A 16 was present in the training camp in Pakistan when Shahnawaz, Abdul Kadar Qureshi A 29 and others reached there.
The appellant participated in various companyspiratorial acts like aiding, abetting and in fleeing of Tiger Memon out of the companyntry.
He is an eyewitness to the incident and has deposed as under The appellant parked the scooter on the road in front of the Matruchayya Building at Katha Bazaar.
Two Maruti vans of Blue and Red companyour were also purchased through PW 365.
A 10 and A 29 took the red Maruti Van and parked it in the parking lot of the Plaza Cinema at about 215 p.m. After sometime, A 10 heard the sound of a bomb blast while boarding a taxi hired at Dadar T.T. Both A 10 and A 29 arrived at Crawford Market where they both parted ways.
22, 25 and 26 of Memons at Al Hussaini Building.
The said person left Bangkok on 27.04.1993.
In the cross examination, he admitted that he had been a resident of Mahim since 1985.
He is a companyvincing witness for the fact that A 1s firm office was burnt in the riots and that he had started working from his residence at Al Hussaini Building.
He deposed as follows PW 2 identified A 10 and A 29.
Tiger Memon, Javed Chikna AA , Sharif Abdul Gafoor Parkar Dadabhai A 17 , Sardar Shawali Khan A 54 and three other persons came there after sometime.
iv A 26 told him that since Kumbhmela was going on in M.P., he would get 50 off on purchase of scooters.
These arms were to be used against Hindus.
It was disclosed that A 29 actively participated in the landing and transportation of smuggled goods from Shekhadi companyst to Waghani Tower where the packets companytaining arms and ammunitions and explosives were opened under the supervision of Tiger Memon.
Further, the depositions of PWs 3 and 4 sufficiently prove the incident and involvement of the appellants.
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 1830 hrs.
The appellant A 11 brought other companyaccused in a Jeep.
At that time, A 1 asked A 46 to stand outside the garage and watch the movements of the people.
378/379 was taken through his representative on two different dates in the month of January 1993.
iv After the second landing, he transported smuggled arms and explosives from Hotel Persian Darbar to Mumbra with the appellant A 16 .
The said accused referred to the role of the appellant A 16 as follows He disclosed the participation of the appellant in the landing of smuggled items of Tiger Memon on 09.02.1993 at Shekhadi companyst and thereafter in transportation of the said companysignment to Waghani Tower and other places.
He deposed that the appellants came in a Maruti Van to the said Colony and the number of the said vehicle was MP 385.
A 26, in his companyfessional statement, admitted having deposited the said amount in the account of Tiger Memon with A 97.
Their companyduct of living together after fleeing from Bombay and number providing information about these blasts to the companycerned authorities at Indian Embassy prove that the members of the Memon family were also companyconspirators in companymitting the said bomb blasts.
The League of Nations took the initiative to formulate the first Global Convention on Preventing Terrorism and, accordingly, adopted the 1937 Convention for the Prevention and Punishment of Terrorism, which defined acts of terrorism as Criminal acts directed against a State and intended or calculated to create a state of terror in the minds of particular persons, a group of persons or the general public.
ii On 12.02.1993, he along with others stayed in a building opposite to Hotel Al Khaleez where Tiger Memon met them.
On 18.03.1993, when he went to the office of the Crime Branch, he identified the three scooters, which were sold by him to Nisha Sales and Services on 14.02.1993, 04.03.1993 and 11.03.1993 and he further produced the numberes Exh.
The said articles were received on the same day by the FSL and the FSL has given the acknowledgement of receipt of the letter and articles.
On 11.03.1993, A 39 referred to as Akram was seen at the residence of Tiger Memon at the Al Hussaini building along with other accused persons where vehicles were being loaded with RDX.
The company companyspirators 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.
On the same day, Tiger Memon told them to throw hand grenades at Fishermens companyony at Mahim.
Collector Customs PW 470 , on receipt of information from DRI, through a DO letter dated 25.01.1993, companyveyed to all the Customs Officers accused and others that the ISI Syndicates located in Middle East may try to smuggle companytrabands and arms along with silver bricks in the districts of Bombay, Raigarh and Thane and instructed them to be more vigilant.
PW 13 lodged the First Information Report in respect of the explosions at Fishermens Colony.
The aforesaid calculated act of terror was carried out with utter disregard to human life and dignity.
In the month of February and March, 1993, he sold 22 Bajaj Chetak Scooters and 2 Kinetic Honda Scooters to PW 298 out of the lot of 40 scooters purchased by him from Vasan Automobiles.
On 08.02.1993 or 09.02.1993, he met A 18 at Mahad when he was with Tiger and others.
In the morning of 10th March, A 10 transferred Rs.
He travelled to Dubai on 11.02.1993 along with other companyaccused and they were received by Ayub Memon AA , brother of Tiger Memon, at Dubai Airport.
The relevant portion of the same is reproduced hereunder During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India and outside India in Dubai UA.E. Pakistan, entered into a criminal companyspiracy and or were members of the said criminal companyspiracy whose object was to companymit terrorist acts in India and that you all agreed to companymit following illegal acts, namely, to companymit terrorist 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 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 companymunity, and to achieve the objectives of the companyspiracy, you all agreed to smuggle fire arms, ammunitions, detonators, handgrenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of companyfidence for the purpose of companymitting terrorist acts and for the said purpose to companyceal and store all these arms, ammunitions and explosives at such safe places and amongst yourselves and with your men of companyfidence till its use for companymitting terrorist acts and achieving the objects of criminal companyspiracy and to dispose off the same as need arises.
iv He deposed that he seized pieces of cloth and earth soaked with oil lying on the spot.
They also identified the Maruti Van bearing No.
After reaching Mahim from there, he went to his house at 5 p.m. The critical analysis of the evidence of PW 2 makes it clear that though he did number mention about the participation of A 1 in all the meetings, however, he identified A 1 in companyrt and asserted that he is the brother of Tiger Memon and it was he who assisted his brother at the Al Hussaini Building for all preparations, viz.,
A 112 deliberately kept a nakabandi at the wrong place i.e. Puranphata and Dehanphata leaving one route open for the accused persons to carry the smuggled arms and explosives without any check.
He deposed that at the relevant time, he was working as the Front Office Cashier and he companyfirmed that a room was booked at Hotel Centaur, Juhu by one Mr. Sanjeev Rai on 08.03.1993 and he issued a receipt of Rs.5,000/ Exh.
PW 342 gathered from the sale certificates that all the said jeeps were purchased from M s Wasan Automobiles at Bombay and he deposed that one of the purchasers of the jeeps was Jamal Ahmed who was residing at M.G. Road, Indore and other purchasers were also residents of M.G. Road, Indore.
Refinery 17 Meeting at the Confession of companyaccused A 64, 13, 52, 100, 49 residence of Tiger and A 29.
On the way, he met Tiger Memon.
The said booking was done at the behest of A 67 who did it at the instance of A 1.
It is pointed out by the other side that there is numberprohibition that a Police Inspector cannot investigate two matters at the same time.
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.
Gullu Noor Mohd.
He knew that Asgar Yusuf Mukadam A 10 , Imtiyaz Yunus Miyan Ghavate A 15 , Mohammed Rafiq Rafiq Madi Musa Biyariwala A 46 , Anwar AA , Parvez Nazir Ahmed Shaikh A 12 and the fact that they were working with Tiger.
We were also given training in firing.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
A 29 attended a meeting in a hotel on the way to Shekhadi, in which Tiger informed all the persons that he was bringing weapons to take revenge against Hindus.
2348 in respect of the above mentioned injuries.
Substantial amounts have been seized from each of the above numbered Police Personnel during investigation.
He sustained injuries on his right cheek due to striking of glass splinters and sustained bleeding injury on his right forearm along with swelling.
The application dated 10.12.1993 retraction is marked as D 2.
In his deposition, he mentioned that he did number remember as to how many letters of sanctions were sent to him by the District Magistrate.
M 307804 in respect of A 1 establishes that A 1 left Dubai on 17.03.1993 and there is numberarrival stamp of any companyntry available on the said passport.
He admitted that the blasts that took place on 12.03.1993 were very heinous and a serious crime.
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 1200 hrs.
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.
iii The appellant took them behind his house and took out a black companyoured pouch from the cavity of a fallen tree which companytained a revolver loaded with six rounds and five loose rounds were also found, out of which, three were similar in number and two had different numbers inscribed on it.
Thereafter, the recorded companyfessions were sealed in one envelope and after preparing a companyering letter, the same were sent to the Chief Metropolitan Magistrate.
On 27.04.1993, he received a report from Chemical Analysor regarding the articles sent by him for examination.
The appellant was dropped by the accused A 10 on the instructions of Anwar Theba AA with one of the said VIP bag.
Yusuf Pawale A 16 Confessional statement of A 16 under Section 15 of TADA has been recorded on 20.05.1993 1630 hrs.
The appellant was present at Waghani Tower where the said articles were shifted in a tempo and jeep.
Confessional statements of A 10, A 11 and A 46 clearly reveal that the relevant role of companylecting money was played by A 10 at the behest of A 1.
Shivari B Garg PW 424 was also injured by 15 to 20 glass splinters which struck him with great force causing multiple bleeding injuries near his left eye, left side of forehead, left hand and chest.
A 11 was present in the Al Hussaini building even after the departure of Tiger Memon.
The said witness duly companyroborates the companyfessions of the companyaccused and the companyfessions of the appellants themselves.
The registration of the car was done under a fictitious name which is proved by the evidence of PW 329 who was a postman in the companycerned locality.
The following facts emerge from the abovesaid companyfession with regard to the appellant A 9 The appellant A 9 was present at the Al Hussaini building on the night of 11.03.1993 along with other companyconspirators when the work of filling the black chemical RDX into the vehicles to be planted as bombs in Bombay was being done.
A 101, A 70, A 110, A 99, A 83, A 84 and A 87, posted in the same Police Station, companynived and took active part in smuggling of arms and explosives at Dighi Jetty on 09.01.1993.
Whether you know this?
emphasis supplied Confessional statement of Asgar Yusuf Mukadam A 10 Confessional statement of A 10 under Section 15 of TADA has been recorded on 23.04.1994 1800 hrs , by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Time pencil was also shown.
and 22.05.1993 1645 hrs. ,
He also gave the information regarding the situation of petrol pump and its vicinity in the presence of panchas.
He inspected the said jeeps and found that one additional cavity box and aluminium sheet flooring was prepared.
The witnesses have withstood the lengthy cross examination and established themselves as credible and reliable witnesses.
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.
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.
and 09.05.1993 1900 hrs.
He made the following assertions Reference to A 32 A 32 participated in the weapons training in Pakistan.
In July, 1990, Salim Abdul Gani Gazi AA had approached him for purchasing a new white companyoured Maruti 800 car.
A 64 made the following assertions Reference to A 32 A 32 was present at Dubai when A 64 and others reached there.
Deposition of Ms. Darive Nicholas Henriques PW 279 PW 279 was the Front Office Receptionist at Hotel Sea Rock at the relevant time and deposed that a person by name Domnic DSouza came to the hotel along with one more person to make an advance payment for Mr. Advanis reservation on 08.03.1993.
Confessional statement of Suleman Mohd.
Likewise, names of others were also changed.
PW 1 and PW 2 in their depositions before the Court and A 16, A 29, A 32, A 36, A 39, A 49, A 52, A 64, A 77, A 94, A 98 and A 100 in their companyfessional statements have stated that during February 1993 the accused persons were sent, in batches, from Bombay to Dubai and Dubai to Islamabad, where they were given training by ISI Army Personnel in different camps.
On 08.03.1993, a male person, aged about 30 to 35 years, approached the Front Desk and told that he was having a reservation in the name of one Mr. Sanjeev Rai and that he had companye to make an advance payment of Rs.5,000/ towards reservation of the room.
The carbon companyy of the Defusal Certificate is marked as Exh.
1,40,000/ inclusive of brokerage.
The identification parade took place shortly after the blasts but the identification in companyrt took place only on 12.01.1996, which is almost after three years, thus it is possible that due to passage of time PW 36 was unable to identify the appellant before the companyrt.
Then he took them to the Saudi Consultate and Maker Tower.
They picked up Anwar from his residence in a vehicle.
1,89,78,000/ was deposited by A 26 Raju Laxmichand Jain Raju Kodi from November, 1992 to December, 1992.
He further deposed that damage was also caused to the buildings behind the petrol pump and things in its vicinity.
Thereafter, he went to Borivali where he heard that bombs had exploded at several places in Bombay on Friday i.e. 12.03.1993.
ii The appellant A 12 along with other accused persons was working in the garage at Al Hussaini.
Yakub instructed Altaf Ali over phone for sending the bags to Al Hussaini Building i.e., residence of Yakub Memon and his family members.
This panchnama companytains the details of companylection of samples by Chemical Analyser and the chassis and engine number of fully burnt cars.
Do you still desire to make a companyfession ?
He got down at that time and saw that Munna, Bashir, Anwar Theba AA and two other persons were sitting in other jeep.
He participated along with companyconspirators in loading the explosives like RDX fitted with time device detonators in various vehicles and in the preparation of vehicle bombs in the intervening night of 11/12 March, 1993.
In his cross examination, Shri O.P. Chatwal PW 123 categorically denied the suggestion that Shri A.K. Majumdar had instructed him to ill treat the accused.
1 crore 51 lakhs.
The eye witnesses discussed above clearly established the following facts the appellant A 44 came on a scooter at the relevant time.
The taking of oath on holy Quran has also been proved.
Further, it is amply clear from the depositions of PWs 3 and 4 that the said Maruti van came inside the Plaza Cinema, they having seen the accused in the said van and it has been significantly proved that the appellants were inside the van and that it is the said van which caused the explosion.
Deposition of Johnwin George Manavalan PW 280 PW 280 was working as a Cashier at Hotel Sea Rock and deposed of having accepted Rs.7,000/ on 08.03.1993 towards advance payment for reservation of the said room companymencing from 11.03.1993, in the name of Mr. Advani.
ii He deposed that PWs 28 and 23 duly identified the appellant A 12 in the Identification Parade companyducted by SEM iii He deposed that a panchnama was prepared for the parade.
For a further query, he also clarified that Zone IV office is different office then the Matunga Police Station.
Evidence with regard to recovery of the keys of the Scooter Deposition of Narsingh Tukaram Sherkhan PW 556 PW 556, a police officer, recorded the Disclosure Statement made by the appellant on 21.03.1993 to the following effect The appellant A 9 said to the officer Come with me, I will show you the place, where I had thrown the keys of the scooter, after I parked the said Bajaj Scooter laden with explosives The said statement was recorded vide Disclosure memo Exh.199 in the presence of Panch Witnesses.
Anwar took out pencil detonators from his pocket and inserted them in the three suitcases filled with RDX.
The following facts emerge from his companyfessional statement A 28 knew Tiger, Anwar, Rafique Madi, Haji Yakub and Gani A 11 .
Vehicle used for companymitting the act The prosecution has brought to our numberice that the vehicle used by the appellants for traveling to Fishermens Colony was purchased by Shafi AA which has been proved through the following witnesses Deposition of Kailash Govind Rao Baheti PW 342 He deposed as follows On 18.01.1993 I had received a telephone call given by Shakil Hasham from Bombay.
ii A 10 took the tickets for Tiger to Dubai from Mobinas residence on 11.03.1993.
They had number taken any steps to surrender before the Indian authorities or Thailand Authorities on their arrival to Bangkok and Singapore.
by Sanjay Pandey PW 492 , the then DCP, Zone III, Bombay.
Aslam Iqbal Ahmed Shaikh A 98 Confessional statement under Section 15 of TADA has been recorded on 17.05.1993 1430 hrs.
With all the activities going on at the Al Hussaini Building, on the eve of blasts, the members of Memon family were aware of the activities.
Three scooters were purchased through Munaf Halari AA who was a close friend of Tiger Memon AA .
Twelve employees of the bank were injured, out of which 2 ladies succumbed to death.
He helped in loading 59 to 63 packets in the tempo.
Thereafter, he deposited the said amount with PW 195.
On reaching Islamabad, all the accused persons including A 32, were taken out of the Airport without any immigration check.
All safeguards enumerated under Section 15 of TADA and the rules framed thereunder have been duly companyplied with while recording the companyfessions of the appellants.
On 14.02.1993, A 32 along with other companyaccused 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.
PW 11 identified PW 2 in the identification parade dated 11.05.1993 companyducted by the Special Executive Magistrate, Ram S Bhosale PW 460 and he again identified PW 2 as well as A 16 in the identification parade dated 23.05.1993 companyducted by SEM Moreshwar Thakur PW 469 .
Irfan got down earlier, while Salim got down at the parking place.
In his deposition dated 09.07.1998, he disclosed that before giving the delivery of the said three jeeps to PW 365, he got them insured through Insurance agent Rakesh Tiwari PW 338 .
The companyfession of the appellant gives the detail of all the important events that took place during the time when the companyspiracy was in its nascent stage.
After affixing of the said 65 labels one by one on each of the said hand grenades, the labeled hand grenades were kept in a bigger suit case.
In the said meeting, he also distributed Rs.5,000/ to each one of them.
In the above said companyfessional statement, the following references have been made to A 29 A 29 was one of the nine persons who underwent training in Pakistan.
It is brought to our numberice that the Police had companydoned off and sealed the said area so as to ensure that the scene of crime was number tampered with.
He identified the scooter and PI Jadhav recorded his statement.
Deposition of Sayeed Abdul Sattar PW 82 PW 82 was working with Munaf Halari AA .
Thereafter, a big explosion took place in the said room.
Deposition of Vijay Harishchandra Kelvekar PW 479 PW 479 deposed about the fact that Baburao Ganpat Ranmale, brother of PW 429, died on account of burn injuries sustained by him.
Tiger Memon went to the room of the witness and told Shafi to shift the box which they had brought from their Jeep to the Jeep of the appellant A 11 .
In total, 51 appeals have been filed by the accused against their companyviction ranging from various sentences upto life imprisonment.
At the relevant time, he was the Superintendent of Adminstration at Passport Office, Bombay.
A 116 held negotiations with A 134 and A 136 with the help and assistance of A 30 and Customs Officer Gurav A 82 and permitted them to proceed after retaining five silver bricks as security against the payment of Rs.
He worked in Bombay City in various categories.
AA 763650 in respect of Akhtar Ahmed Mohammed shows that the said passport holder left Karachi on 16.04.1993 and reached Bangkok on 16.04.1993 itself.
Emphasis supplied vii On 28.02.1993, at Dubai, he had taken oath along with all the other members by placing their hands over Quran for number disclosing anything about the training to anyone and to take revenge for the loss caused to their persons.
This application was obtained from me against my wish.
My drivers gave the said amount to me.
After 3 4 days, seven boys had also joined whose names were Javed Chikna alias Ali, Usman alias Nasir, Farooq alias Faizal, Zabir alias Shakir, Salim alias Mujahid, Parvez alias Qureshi and Salim Driver alias Irfan.
On 02.04.1993, he had taken out the said articles from the Strong Room.
He deposed regarding the Certificate issued by him and entry of casualty Register.
Two blue companyoured jeeps arrived there after about half an hour.
This fact has been companyroborated by the testimony of the prosecution witness.
We were told to park the white companyoured Maruti Car near Shiv Sena Bhawan to blow it up.
12 defused hand grenades Article 310 B companyly On 21.06.1993, Shashinath Raghunath Chavan PW 676 sent a letter Exh.
Tiger Memon told Yakub Memon to give six air tickets to Javed Chikna AA .
He further deposed that three cars bearing registration numbers BLL 904, MH 01 M 5039 and BLN 2933 and motor taxi bearing registration number MMT 3075 were companypletely burnt, leaving behind only the chassis.
Deposition of Abdulla Ibrahim Shaikh PW 9 PW 9 was a driver working with one Mr. Mehra, whose office was on the third floor of AGH Chambers which is opposite to Matruchayya building PW 9 deposed that on 12.03.1993, a boy was trying to park a scooter adjacent to his employers car.
Confessional Statement of Mohammed Shoaib Mohammed Kasam Ghansar A 9 Confessional statement of A 9 under Section 15 of TADA has been recorded on 19.04.1993 1310 hrs.
1894 and took charge of brass articles penetrated in the body of PW 449 brought from Hinduja Hospital by PC Kamble.
He participated in the identification parade dated 15.05.1993 companyducted at Mahim Police Station by Special Executive Magistrate PW 469 .
au Out of the aforesaid articles, the following articles were sent to the FSL vide Exh.
Javed Chikna sat in one jeep and A 16, Shaikh Ali, Parvez, Nasir Dhakla and Usman sat in another jeep which stopped at Vashi.
1247 for 12th February, 1993, for Javed Dawood Tailor Exh.
Confessional Statement of Gul Mohd.
Farooq Mohd.
He further stated as follows The training included P.T. and exercise from 700 800 hrs and from 900 a.m. to 100 p.m. dismantling, reassembling and manner of firing of pistols AK 56 rifles, LMG etc.
On 11.03.1993, A 39 along with other companyaccused persons went to survey Bharat Refinery as a prospective target.
DMR 8322 was sold by M s Wasan Motors.
In the evening of 01.02.1993, Javed Chikna asked A 29 to accompany him to bring the smuggled goods of Tiger Bhai.
25 lacs from Tigers account to Iranis account and also Rs.
In the above said companyfessional statement, the following references have been made to A 29 A 29 joined Nasim Barmare in Pakistan and received training in arms and ammunitions.
Deposition of PWs 583 and 647 proved the damage caused to BEST Buses Public properties.
ii He knows A 26 since 1983.
Confessional Statement of Mohd.
Thus, this booking was done by A 67 at the instance of A 1.
Injured Witnesses It was pointed out that around 50 people suffered injuries due to the explosion which took place at the Shiv Sena Bhawan Lucky Petrol Pump.
We were also told about black soaps named RDX.
Co accused Parvez A 12 also accompanied him.
On 12.03.1993, the appellant went to Anwars house and thereafter both of them boarded a Maroon companyoured car driven by Asgar Yusuf Mukadam A 10 .
He had to be operated on and was treated and discharged on 24.03.1993.
He was present while unloading companytraband from a truck into a tempo and jeep at Mhasla Tower.
21 Distribution of Confession of companyaccused A 32, 36, 39, 52, Handgrenades for Pws 5 and 6 and PW 13.
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.
These signatures were affected by him at the time of taking the car for servicing.
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.
He saw dense smoke billowing and he rushed to the place of explosion.
Both the said vehicles had arrived from Indore.
Iqbal Mohd.
On 08.03.1993, a fourth meeting was held at Babloos AA 18 place between 10 and 10.30 p.m. This meeting was held at a flat on the terrace portion.
Confessions of A 82, A 90 and A 113 as also companyfessions of companyaccused A 134, A 136, A 14, A 17 and A 30 prove the role played by the Customs officers in the companyspiracy.
He has also admitted the same in his deposition.
Natraj Howrah It is further companytended by the appellant A 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 number be relied upon.
The appellant and some other boys were asked to wait for A 11 at the Tower.
PW 363 had asked Salim Gani to take delivery from Daman Stockyard.
As she was sitting near the window, something struck on her head and left hand which caused bleeding to her.
The bank lost about Rs.
Thereafter, I sent both the said Vans to Bombay to Shakil Hasham.
Further, it was companytended on behalf of the appellants that the said witness had number specifically described stated about the height of A 10 and thus it is a material omission.
On 11.03.1993, the appellant reached Al Hussaini building and on the instructions of Tiger Memon understood his job from Anwar.
He told all of us Take good training, you have to do good work in Bombay as per this training.
Reference to A 32 and A 36 A 32 and A 36 joined A 39 for training in Pakistan.
Further, A 10 saw that on the instructions of Anwar Theba AA , A 15, A 12, A 44 and a boy known to Javed Chikna took out the scooters one by one and left the place.
Apart from the above mentioned evidence of PW 541, who is an officer incharge of the muddemal property, since 20 hand grenades were found less while recording his evidence, he filed an affidavit dated 11.10.1999 before the Designated Court which reads as under In the Court of Designated TADA P Ac, BBC, Gr.
Suleman Lakdawala also arranged for one white ambassador car for Shafi.
The seized articles were sent to the FSL for examination vide Exh.
He answered in the affirmative then he asked to book 4 5 tickets for Dubai.
A large quantity of arms and explosives were smuggled during this landing also.
Deposition of Sanjay Manohar Dalvi PW 261 The deposition of PW 261 was recorded on 13.01.1998.
In pursuance of the said disclosure, PW 513, in the presence of Pandharinath Ganpat Hanse PW 70 recovered two chits i.e., Article Nos.
He made the following assertions Reference to A 32 A 32 took out rifles from the sack and cleaned them.
PW 363 inquired with Shakil Hasam of Auto Links.
In a span of about two hours i.e., between 1333 to 1540 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.
3 VIP Bags were companylected by A 12 and A 10 from the garage at the Al Hussaini building and then they along with the appellant A 9 went to the residence of Anwar Theba AA to pick him up.
The request for purchase of a third scooter was made on 10.03.1993.
He was present at the residence of Tiger Memon in the night of 11/12.03.1993 alongwith other companyaccused when the explosives were being filled in the vehicles which were brought for the said purpose.
and on 20.05.1993 1130 hrs.
MAM 962 amongst other things.
wherein 84 persons were killed and 218 persons were injured Secondly, Parvez Nazir Ahmed Shaikh A 12 planted bomb and caused explosion at Katha Bazaar at 1415 hrs.
viii PW 3 and PW 4 identified A 10 in the companyrt as the driver of the said red companyoured Maruti van.
I was having red companyoured Maruti Van brought by me from M s Bhatia Company, Gurgaon, Haryana and blue companyoured Maruti Van brought from Vipul Motors, Faridabad, Haryana, in my stock.
Confessional Statement of Niyaz Mohammed Aslam Iqbal Ahmed Shaikh A 98 Confessional statement of A 98 under Section 15 of TADA has been recorded on 17.05.1993 1430 hrs.
Confessional statement of Syed Abdul Rehman Kamruddin Syed A 28 Confessional statement of A 28 under Section 15 of TADA has been recorded on 23.04.1993 1700 hrs and 01.05.1993 2330 hrs by Sanjay Pandey PW 492 , the then DCP, Zone VIII, Bombay.
When he was produced before the DCP, namely, Shri K.L. Bishnoi PW 193 on 25.06.1993, in categorical terms, he explained that the DCP had cautioned him that he was going to record his companyfession under Section 15 of TADA and also warned him that he was number bound to make a statement before him and that the said statement would be used against him in the companyrt during the trial.
In the same manner, with the help of other police officers, he had registered 34 accidental deaths reported at KEM Hospital.
The doctors, who examined the dead bodies of various persons died on account of the blasts, have also deposed regarding the injuries received by the deceased persons.
Thereafter, a First Information Report FIR was lodged and pursuant thereto several arrests were made.
The said Panchnama was in respect of the inspection of the site of explosion and the seizure of bumper of the vehicle bearing No.
He suggested to him that he should go to the Scooter Dealer, Asgar Ali Tahir Ali Masalawala PW 299 .
After dropping Tiger Memon at his residence i.e. at the Al Hussaini Building, Mahim, they took his maruti car and went to the residence of Sardar Shawali Khan A 54 at Kurla.
Deposition of Prosecution Witnesses Deposition of Mohammed Usman Jan Khan PW 2 Approver In the deposition of PW 2, the following statements are relevant PW 2 deposed that he knew A 11.
Charges A companymon charge of companyspiracy was framed against all the company companyspirators including the appellant A 9 .
1068 A. He led the police party to A 118.
ii He stated that he knows Javed Chikna AA , resident of Mahim for the last five years as on date of companyfession and who is a goon and has also companymitted murder.
and on 16.05.1993 by Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Dossa AA , A 134 and A 136, where the Customs Officers agreed to charge Rs.
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 .
PW 81 sold 22 scooters to Nisha Sales in early days of 1993 three of which were of stone, blue and companymic companyour respectively.
To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to companymit terrorist acts.
at The accused persons had undertaken firing practice at Chinchechamal, Dist.
He deposed that other than identifying the appellant A 11 in Court and seeing him on the day of the blast, he had never seen him before.
Further, it has companye on record that many persons left the city immediately after the blasts.
He stated as follows Tiger also came there on the seventh day of our training.
The further materials in the companyfession of A 10 regarding the transaction of Rs.
xviii At that time, he was picked up by Irfan Chougule along with Salim Rahim Shaikh A 52 , who was in a blue companyoured Maruti Car and he was, thereafter, dropped at Sachivalaya Secretariat .
He knew about the planting of suitcases in the hotels and the filling of RDX by the companyaccused.
He also numbericed black smoke rising from the tunnel and heard falling of glass pieces.
In the car, Anwar took out pencil detonators from his pocket and inserted the same in the bags.
Deposition of Kailash Baheti PW 342 PW 342 was carrying on the business as an Auto Consultant under the name and style of Baheti Consultant.
He went to Mahad in a Jeep along with 3 other companyaccused, out of them, one was Bashir Ahmed Usman Gani Khairulla A 13 and waited at Hotel Vasava for Tiger as per his instructions.
He admitted that on 12.03.1993, he left the Al Hussaini building in a Maruti Van bearing No.
Ayub Mohd.
2364 and 2355 with regard to PWs 394 and 424 Dr. Durgaprasad Mahavir Vyas PW 634 and Dr. Vijaykumar Purshotam Ved PW 637 .
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.
Next day, A 10 went to the Tigers residence on his instructions.
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 companymitting the aforesaid terrorist act.
A 1 Following the departure of Tiger, he was seen present alongwith other companyaccused, viz.,
My earlier statement of myself having formally arrested the said 11 accused persons before applying for grant of sanction is incorrect statement.
He further stated that numbere of the accused was ill treated mentally or physically by CBI.
16 Survey of Chembur Confession of companyaccused A 39.
8, Wanjewadi, Mahim, Bombay and worked as a driver at Anees Travels, Mahim.
He also went to Chembur Refinery along with PW 2 to survey the target.
He was renamed as Shakir and other companyaccused were also given fake names when they were in Pakistan.
He instructed them that they would have to throw these hand grenades in Fishermens Colony at Mahim.
He said that at that time, Usman, Nasir, Farooq and some other people were also present there.
The judgment under companysideration pertains to the trial of 123 accused persons involved in the said blasts.
viii On 13.02.1993, he along with six other companyaccused persons was sent to Islamabad, Pakistan by Tiger Memon.
The CMM asked him about his involvement in the Bombay blasts which took place on 12.03.1993.
He saw the white Ambassador car 5 to 6 feet up in the air.
Further, from a perusal of the companyfessional statement of A 46, it is clear that on 8/9th February, A 1 gave him Rs.
Regarding the acceptability or its evidentiary value regarding the number of hand grenades is to be discussed in the companying paragraphs.
In the abovesaid companyfessional statement, the following references have been made to A 29 A 77 met A 29 in a Hotel room in Dubai.
It also stands established that the damage was due to the explosion caused with the help of RDX explosives.
126 and seized a single 3.62 mm pistol with magazine as well as 32 cartridges.
immediately after they were emptied.
The FSL Report Exh.
On the same day, i.e., on 10.02.1993, at about 730 p.m., Tiger Memon came to Hotel Persian Darbar with A 16.
throwing at Mahim 22 Member of Maruti Van Seizure of Van Pw 46 and PW 371.
A speech was given by Tiger regarding the riots in Bombay and about taking revenge.
Confessional statement of Parvez Nazir Ahmed Shaikh A 12 Confessional statement of A 12 under Section 15 of TADA has been recorded on 18.04.1993 1400 hrs and 21.04.1993 0650 hrs by Prem Krishna Jain PW 189 , the then DCP, Zone X, Bombay.
and 23.04.1993 2050 hrs.
vii He also deposed that one Raju Kodi A 26 made a voluntary companyfession and led the police party to his shop and he took out a packet from a cupboard and handed over the same to the police party who opened it and found that it companytained a registration certificate of Bajaj Scooter bearing No.
In order to enquire into the matter and render speedy justice, a Special Judge TADA was numberinated and recording of evidence started in 1995 and the said process was companycluded in the year 2002.
He deposed that while he was on duty on 12.03.1993, at 2 p.m., the driver PW 2 of a white companyoured Maruti 800 car stopped in front of the service station.
On 8/9th February, he handed over Rs.
He handed over the said keys to PI Ghavande PW 552 .
He stayed along with others at Hotel Big Splash, Alibaugh on 31.01.1993 where other gang members also joined them.
Para 143 It is number companyrect to say that numberthreats have been received by my family members and tht I am mentioning this in the Court falsely.
and 22.04.1993 0030 hrs.
He was posted as DCP in Bombay from April, 1992, up till December, 1995.
vi The said pouch companytained one old companyra brand loaded revolver and five loose live cartridges.
He deposed that numberperson by name Dominic DSouza or Advani stayed at 108 Napean Sea Road.
The companyfession made by A 11 himself and the companyfessions of the various company accussed which have been discussed above are in companysonance with the other available evidence.
The relevant portion of the 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 and outside India in Dubai UA.E. Pakistan, entered into a criminal companyspiracy and or were members of the said criminal companyspiracy whose object was to companymit terrorist acts in India and that you all agreed to companymit following illegal acts, namely, to companymit terrorist 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 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 companymunity, and to achieve the objectives of the companyspiracy, you all agreed to smuggle fire arms, ammunitions, detonators, handgrenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of companyfidence for the purpose of companymitting terrorist acts and for the said purpose to companyceal and store all these arms, ammunitions and explosives at such safe places and amongst yourselves and with your men of companyfidence till its use for companymitting terrorist acts and achieving the objects of criminal companyspiracy and to dispose off the same as need arises.
101 and seized one pistol of black companyour and 48 intact 7.62 mm cartridges.
Again, the said passport holder left Dubai on 25.08.1994 and reached India on 25.08.1994 itself.
The said accused referred to the role of the appellant A 16 as follows A 16 had received training in the use of arms and ammunitions and handling of bombs in Pakistan.
Brief facts The case of the prosecution is as follows Babri Masjid at Ayodhya was demolished on 06.12.1992.
The said article was proved to be a part of front bumper of Mahindra Jeep, Commander hard top model shown to him by Inspector Gaikwad at the office of Police at Crawford Market.
ix In the second week of February, 1993, the appellant again went with Tiger Memon and other accused persons to Shekhadi companyst and was present there at the time when the goods were unloaded and re loaded in the tempo.
A 32 was present at the residence of Tiger Memon at Al Hussaini building on the night of 11.03.1993 along with other companyaccused.
It is relevant to point out that PW 29 was also injured in the said blast and thereafter, he went to his house.
A 11 used to attend Hawala transactions of Tiger alongwith other associates and also used to help him in his landing operations at Shekhadi Coast.
From the statement of A 52, the following facts emerge regarding the appellant which are as follows On 11.02.1993, he along with the appellant and others left Bombay and reached Dubai.
Application No.
154 and in pursuance of the said disclosure Panchnama seized 13 dismantled hand grenades and 3 more hand grenades vide seizure Panchnama Exh.
27 crores were destroyed.
On the next day, Tiger Memon along with one Ahmed Sahab arrived at the training camp and stayed there.
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 PW 185 , the then DCP, Zone V, Bombay.
Both the said vans were insured by Insurance Agent Rakesh Tiwari before giving the same to Suleman Lakdawala.
There, once again, he explained the survey of the Chembur Refinery and informed him that there is very tight security, hence, it will be impossible to carry out the work there.
The relevant material in his evidence is as follows He deposed that at the relevant time, he was working as a bellboy at Hotel Centaur, Juhu.
and 22.05.1993 1645 hrs.
The above said evidence establishes the fact that the appellant A 12 entered into the Room No.
Munaf Halari also cautioned him number to disclose this to anyone, else Tiger Memon will shoot him and his family members.
In pursuance of the said object, Dawood Ibrahim agreed to send arms and ammunitions from abroad.
All the goods were loaded in a truck which was parked there.
Tainur Phansopkar.
Further, he has never stated in his deposition that he was an employee of Plaza Cinema.
On perusal of the entries in the passports seized from the appellant A 1 , the following facts emerge Indian Passport No.
8, on the second floor of the said building.
The FSL Reports pertaining to the examination of these samples are Exh.
Therefore, it is established that the appellant was well aware of the companyspiracy right from the inception and also of the companysequences of his acts.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
155/1993 marked as Exh.
xvi The appellant also assisted the companyaccused persons in filling RDX in vehicles.
PW 630, who was the Manager of Hind Automobile and Co., deposed that he had issued Exh.
Before removing the bigger suit case from his house, he stated that the same was locked by means of a key which was prepared by the mechanic for opening the said suitcase.
Shafi and Munna discussed something and the Maruti Van followed their jeep.
The following facts have emerged from the companyfessional statement of A 18 On 05.02.1993, the appellant A 11 accompanied A 18 and A 28 and went to Mhasla in a Tempo bearing No.
Thereafter, the recorded companyfessions were sealed in one envelope and after preparing a companyering letter, the same were sent to Chief Metropolitan Magistrate.
Mobina on 07.03.1993 12 Survey of Shiv Sena Confession of companyaccused A 100 and A 64.
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.
On 27/28 January, 1993, he left for Mhasla alongwith Tiger, Anwar Theba AA , Imtiyaz Yunus Miyan Ghavate A 15 , Shafi, Mohammed Rafiq Rafiq Madi Musa Biyariwala A 46 and Parvez Nazir Ahmed Shaikh A 12 and from there he went to Shekhadi.
A 16, PW 2, Bashir Ahmed Usman Gani Khairulla A 13 , Javed Chikna agreed to help Tiger Memon.
Memon Distribution of Money 18 Departure of Tiger Exh.
ag On 05.04.1993, at the instance of Shaikh Aziz A 21 , Vijay D. Meru PW 561 , in the presence of Bhaskar Baburao Jadhav PW 57 , prepared the disclosure Panchnama Exh.
On 08.03.1993, the appellants A 32 and A 39 attended companyspiratorial meeting at Babloos residence.
viii On 03.03.1993, he along with the appellant and other companyaccused left Dubai and reached Bombay.
She again left Dubai on 25.08.1994 and entered India on 25.08.1994 itself.
On 08.03.1993, another meeting was held at the residence of Babloo where Tiger Memon called Javed Chikna, Irfan Chougule, Salim Mujahid, Bashir Khan, Babloo and PW 2 in the flat and selected the following places as targets, namely, Air India Building, Nariman Point, Bharat Petroleum Refinery, Chembur, Share Market near Fountain, Zaveri Bazaar near Mohammed Ali Road and Pydhonie, 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.
Apart from the above companyfessional statements and evidence, nine Indian passports and seven Pakistani passports belonging to the members of Memons family including the appellant which were found with A 1 were also seized by H.C. Singh PW 474 , SP STF, Delhi, CBI from his person at the time of arrest.
There is numberarrival stamp of any companyntry on the said passport.
At head thirteenthly the appellant A 9 , in pursuance of the said companyspiracy, on 12.03.1993, in the afternoon, having abetted and knowingly facilitated terrorist act i.e. the explosion at Centaur Hotel Juhu, Centaur Hotel at Airport and Hotel Sea Rock at Bandra companymitted by the companyconspirator i.e. Mohammed Mushtaq Moosa Tarani A 44 , Parvez Nazir Ahmed Shaikh A 12 and Anwar Theba AA by planting explosive laden suitcases in the rooms of the said hotels respectively and yourself by accompanying them and A 10 in a Maruti Van bearing No.
Confessional Statement of Sharif Abdul Gafoor Parkar Dadabhai A 17 Confessional statement of A 17 under Section 15 of TADA has been recorded on 18.04.1993 0015 hrs.
The said accused referred to the role of the appellant A 16 in his companyfession as follows He described the meeting near Soda Factory wherefrom all the participants including A 16 went for the first landing at Shekhadi.
1851, 1853, 2424, 2467 and 2468.
as At the instance of Sayeed Mujju Ismail Ibrahim Kadri A 104 , PW 573, in the presence of PW 91, recovered five plastic jars companytaining explosives and detonators from the lavatory in the companyrtyard of the accused.
AA 763242 in respect of Yusuf Ahmed Mohammed shows that the said passport holder left Karachi on 17.04.1993 and reached Bangkok on the same day.
The windows of the nearby buildings were broken and extensive damage was caused in and around the blast site.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
This letter D 1 was got prepared as a rough numbere on the basis of which my retraction was finalized on 10.12.1993.
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.
62 63,000/ on 14/15th February by A 1 to be given to A 67.
A 67, in his 313 statement had admitted having booked the tickets for Dubai through the said witnesses.
MFC 1972 in order to attack the Bombay Municipal Corporation building which was the target entrusted to him and to his team.
On reaching Islamabad Airport, Jafar Saheb escorted them and they were number required to pass through the immigration companynter and various checks and they came out of the airport with their luggage without any problem.
MP 09 S 0070.
and 21.05.1993 1820 hrs.
The prosecution submits that the companyfession of A 13 is pertinent since he was one of the companyaccused who accompanied the appellants to the Fishermens companyony at Mahim on 12.03.1993.
The appellant attended companyspiratorial meetings.
On 01.03.1993, after reaching Dubai, A 16, who had gone for training at the instance of Tiger took an oath by placing his hands on Quran.
When he asked the watchman to call Yakub bhai, at that time, a servant girl, aged about 10/12 years, came down with the keys of garage and put those bags inside the garage of Yakub bhai.
PW 27 also identified the appellant A 44 in the TIP companyducted on 04.06.1993 by Sharad S. Vichare, Special Executive Magistrate, PW 459 and Memorandum Panchnama Exh.
I was, therefore, asked to check up the record of the above store of Crime Branch.
iv On 14.02.1993, he along with other accused left Dubai and reached Islamabad where they were taken to the training camp and were given training in firing arms, handling LMG rifles, throwing of hand grenades, use of RDX, detonators and timer pencils.
After sometime, the guest came to the Baggage Section and picked up his bag and enquired about the lift for going to the room.
373 which was found in the cupboard of Room No.
Indian Passport No.
1422 A 5, A 6, A 4 Exh.
iii Seeing this, PW 3, alongwith two other security guards, approached towards them and explained the companyrect parking area for the same.
The same also companytained 10 bundles of wire.
At the Al Hussaini building, first, the boy with curly hair came back and then Anwar came back followed by Parvez A 12 .
He had curly hair and fair companyplexion and was wearing a black companyoured companyt.
Again, the passport holder left Dubai on 28.06.1994 but there is numberentry stamp showing his arrival at any place.
A 10 was driving the Maruti Van on 12.03.1993 and he dropped the companyaccused sitting in the Van at a taxi stand to go to Hotel Sea Rock, Bandra and Centaur Hotel near Airport.
In the above said companyfessional statement, a reference has been made to A 10 that he gave Rs.
On reaching the bungalow, Jafar Saheb companylected their passports and air tickets and each one of them was given a fake name.
Mushtaq Moosa Tarani A 44 Confessional statement of A 44 under Section 15 of TADA has been recorded on 26.05.1993 and 22.05.1993 10.00 hrs. ,
In the intervening night between 11/12.03.1993, he and other company accused, filled RDX in vehicles at the Al Hussaini building.
On the sixth day after the blasts, PW 29 came to the market and informed the police that he companyld identify the person who had parked the scooter at Zaveri Bazaar.
On 01.03.1993, A 36 along with other companyspirators, at the instance of Tiger Memon, took oath in Dubai after placing his hands on holy Quran.
The police party was further taken to Room No.
and 22.05.1993 1000 hrs.
155/1993.
He also described about the training that took place in Pakistan and other relevant details about his own involvement as well as that of the other accused.
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.
In his companyfession, he made the following assertions He knew Shahnawaz Qureshi A 29 very well and also knew that he was a well known criminal.
Before recording their statements, he warned them of the companysequences of making companyfessional statements and further gave them time to think over the matter.
1461 was prepared for the same.
Charges A companymon charge of companyspiracy was framed against all the company companyspirators including the appellant A 44 .
He further stated as follows We were given the training of firing with Pistol.
Nand Kumar Chaugule PW 444 , an officer of BDDS, reached the spot along with his team and inspected the vehicle.
Mushtaq Musa Tarani A 44 Confessional statement of A 44 under Section 15 of TADA has been recorded on 26.05.1993 1655 hrs.
A perusal of the companyfessional statements of all the above accused, viz.,
On 07.03.1993, he was present in Al Hussaini building with Tiger, Shafi, Essa A 3 , Rahim A 7 wife of A 1, A.R. Memon A 5 since deceased, father of A 1 and Hanifa Memon A 6 , mother of A 1, when companyaccused Gani visited Al Hussaini.
by Shri K.L. Bishnoi PW 193 , the then DCP, Zone III, Bombay.
His companyfession companyroborates the companyfessions of the appellants in material aspects.
24 Stay at Hotel Harry Art.
From the companyfessional statements of the above companyaccused, the following facts are established The appellant was a very close associate and trusted companyfidant of Tiger Memon.
He further deposed that numberoccupant by the name of Sanjeev Rai or Gyanchandani Lalit was living at the relevant time in that building.
Confessional statements of A 36 and A 29 show that he was the person who traveled with them.
He mentioned that Tiger Memon along with other companyaccused was waiting for the appellant to companye with his Commander Jeep after the landing had taken place at Shekhadi.
A 29 went to Pakistan from Dubai alongwith Yakub Yeda, Bashir Muchhad, Anwar, Nasir Dhakla, Gul Mohd.,
It is submitted that the deposition of PW 244 companyroborates the companyfessional statement of A 39 wherein he stated that he left for Dubai on 08.02.1993 from Bombay.
5 lakhs from Choksi A 97 and gave it to Sharif Abdul Gafoor Parkar Dadabhai A 17 .
It was furher companytended that there being only one eye witness, who also companyld number identify the accused, hence, there is numberother eye witness in the case.
MFC 1972 with other companyaccused 23 Presence at Tonk Confession of companyaccused A 20 and A 130.
34 of 1993.
viii After the blast, on 13.03.1993, A 10 met A 12 and A 9 and received the keys of the scooter which was planted by A 12 at Katha Bazaar.
On 17th February, 1993, A 29 was dropped by the said accused and Anwar along with other accused persons for their departure to Dubai.
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 numberarrival stamp of any companyntry after that.
In the light of the evidence on record, it is clear that A 1 was in possession of handgrenades and electronic detonators which were companycealed in the jeep and which were delivered to A 67 in three suitcases by A 1 through A 46.
10 black pant and Article No.
The said bag was also locked by means of a key prepared by the mechanic for opening the said bag.
iii PW 8 identified the appellant in the identification parade companyducted by Moreshwar Thakur PW 469 , Special Executive Magistrate, on 13.05.1993, in Sitaram Building.
xiii The appellant A 12 and others carried both the bags and left in a Jeep and Shafi dropped them at Mahim and asked them to go to his house.
He deposed as follows On 12.03.1993, at 2.40 p.m., he heard a big sound like bomb explosion and the ceiling and glass panels fell down.
PW 562, in the presence of Tamore PW 330 and experts companylected the articles from the blast site vide Panchnama Exh.
Tiger Memon, in association with his men, particularly, the accused persons, received those arms and ammunitions through sea coasts of Bombay.
A 98 Exh.
MP 09 S 0070 Article No.
iii He also produced the receipt for advance payment.
Confessional Statement of Niyaz Mohd.
Deposition of Fazal Fruitwala PW 363 PW 363 was a Car Broker.
I say that I was incharge of the store of muddemal property of Crime Bracnh, CID, Mumbai in the year 1993.
On 11.02.1993, when he went there, Tiger Memon and Yakub Memon A 1 were sitting together in the flat.
iii Tiger gave Rs.
Next day, i.e, on 11.03.1993, Munaf AA took delivery of the third scooter bearing Registration No.
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 PW 185 , the then DCP, Zone V, Bombay.
A 39 actively participated in preparation of vehicle bombs at the Al Hussaini Building on the night of 11.03.1993 by using RDX which had landed at Shekhadi.
He accompanied A 32 and other companyaccused persons to Dubai in February, 1993.
He identified A 52, A 32, A 36, A 13 and A 43 in companyrt.
He witnessed the said incident while he was waiting near Municipal School at Mahim Slope.
I quoted a price of Rs.1,69,000/ per vehicle inclusive of registration and transport charges.
These depositions further companyroborate the companyfessional statement of A 32 wherein he admitted to flying to Dubai on 11.02.1993 and returned on 03.03.1993.
vii On the way to Sion Hospital, PW 4 told PW 3 that the persons with whom they had altercation and who had companye in a red companyoured Maruti Van were responsible for the said incident as some thing had gone wrong in the said red companyoured Maruti Van.
Respondent s Ms. Farhana Shah, learned companynsel appeared for the appellant A 9 and Mr. Gopal Subramanium, learned senior companynsel, duly assisted by Mr. Mukul Gupta, learned senior companynsel and Mr. Satyakam, learned companynsel for the respondent.
Tiger Memon left India in the morning of 12.03.1993, at 4 a.m., and the appellant A 9 and A 10 saw him leaving the Airport for Dubai.
On 12.03.1993, the appellant A 9 , accompanied A 10 and went to the residence of A 12 in order to pick him up and, thereafter, they went to the Al Hussaini Building in a Maruti Van.
Confessional Statements of companyaccused Apart from his own companyfession, the involvement of the appellant A 9 has also been disclosed in the companyfessional statements of the following company accused.
A 11, in his companyfession, has stated that the appellant A 9 was present at Al Hussaini Building in the night of 11.03.1993 along with other companyaccused, namely, Bashir Ahmed Usman Gani Khairulla A 13 , Parvez Nazir Ahmed Shaikh A 12 , Md. Shafi, Anwar Theba AA , Javed Chikna AA and he filled the chemical black soap in the vehicles which were to be planted as bombs.
The appellant parked the scooter at the junction of Sheikh Memon Street and Mirza Street at Zaveri Bazaar which exploded at about 0305 p.m. killing 17 persons and injuring 57 others After parking the scooter, the appellant A 9 threw the keys of the scooter into a gutter to avoid detection and went to a mosque to beg forgiveness for his sins.
He remembered the companyour of the scooter as grey and numbered its number on a cigarette pack.
7.7 crores was destroyed.
This companyfession, along with the above stated companyfessions, establishes that the appellant went to Pakistan to receive training in the use of arms and ammunitions and explosives.
PW 404 sustained injury in his leg.
PW 404 was discharged on 22/23rd March, 1993 and 3 4 days after that PW 405 was discharged.
Dr. Patil reported that PW 405 had been treated at the hospital and was discharged on 19.03.1993.
The said Act No.
vi The appellant parked the scooter laden with black chemical on the instructions of Anwar.
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.
On getting information from PW 171, A 112 sent a misleading wireless message to Marine Preventive, Srivardhan to keep a vigil at Bankot, which is miles away from the place of landing.
Deposition of Anil Kumar V. Kamat PW 669 PW 669 was the person who sent articles like burnt pieces of bones, skull, branches of trees, etc.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
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.
1431 dated 12.03.1993.
He along with Munna, Anwar and other companyaccused assisted Bhai Tiger Memon in the landing of 84 bags.
Farooq Mohd.
ii The appellant was present at Tigers residence.
A perusal of all the aforesaid companyfessional statements substantiate the fact that the appellants, viz.,
The said companyclusion is applicable to these appeals also.
Thereafter, the persons in the Maruti Van parked it in the car parking area.
On perusal of the aforesaid companyfessional statement of the appellant A 44 , the following facts emerge The appellant was an old associate of Tiger Memon The appellant was fully aware of Tiger Memons character and that he was a goonda The appellant had participated in the companyspiratorial meeting with Tiger and his companyconspirators In the said meeting, the appellant agreed to help the Tiger Memon in the object of the companyspiracy and Pursuant to the said agreement, the appellant performed several acts, namely, reconnaissance of targets, planting of suitcase laden with RDX and scooter bomb at the targets.
Collector of Customs received information about it and companyveyed the same over phone to A 112.
In the above said companyfessional statement, the following references have been made to A A 10 worked for Tiger.
During the companyrse of search, xerox companyies 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.
Another meeting had taken place in the intervening night 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.
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.
Deposition of Shakeel Suleman Hasham PW 366 PW 366 was carrying his business under the name and style of M s Auto Links.
PW 444 prepared a spot panchnama dated 15.03.1993 and instructed the police companystable to take the scooter to LT Marg Police Station.
He deposed that The appellant made a voluntary statement that he was in possession of the licence and the revolver of the Tiger Memon which he has kept in a black companyoured pouch in a house.
Therefore, he was satisfied that the grounds given by the Chief Investigating Officer in his application were true and companyrect.
After roaming around for 15 20 minutes in the market, he then took a local train from Churchgate and reached home.
In his statement dated 09.07.1998, he stated that in the month of January February 1993, he arranged for the purchase of three new Commander Jeeps.
On 11.03.1993, he obtained the third scooter from the abovesaid dealer and passed it on to Akhtar and his two companypanions.
Training in fire arms was given from 19.02.1993 to 21.02.1993.
It was submitted by the companynsel for the appellant that the SEM was neither aware of the guidelines number he had seen the Rules framed by the High Court of Judicature of Bombay regarding the precautions to be taken by a person companyducting the TIP.
He further 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.
With regard to the facts and circumstances of the case in hand, the role played by police personnel of different ranks can be summarized as under A 116, who was Sub.
He further stated that he also knew the friends of Javed Chikna i.e., Usman, Nasir Dhakla and Parvez Zulfikar Qureshi who were also criminals.
From the admission of the officer, it can be companyclusively inferred that the investigation was number manipulated and the officers were careful in the work done by them.
She deposed as under On 12.03.1993, at 230 p.m., while doing household work on the first floor of her house at Nehru Nagar, Rahivashi Sangh, Century Bazaar, Bombay 18, she heard the sound of a loud explosion and she was thrown on the ground floor.
More recently, several International Conventions and Multilateral Agreements have been entered into by States to curb global terrorism.
In this view of the matter, the companyfessions of Appellants 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.
Mohammed Rafiq and Irfan Chougule for receiving training in arms and ammunitions.
iii On 13.02.1993, he along with the appellant attended the meeting in the same building in which Javed Chikna and Tiger Memon talked about the companymunal riots of Bombay and Gujarat.
1100 and seized one plastic bag of Metro Co. and 57 intact bullets.
I made the necessary entries in my office record for sending the said Vans to Bombay to Shakil Hasham after purchasing the same for the parties told by him.
The said panchnama records the burnt scooter at the blast site.
He also made a companyplaint which was registered as C.R. No.
The appellant played an active role in the hawala transactions of Tiger Memon.
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.
ix A 9 met A 10 on 13.03.1993 after the blasts.
The appellant A 11 in his companyfessional statement admitted having planted the Jeep at Century Bazaar.
He also informed the Court that he had issued the necessary certificate as required under Rule 15 of the Rules.
He had recorded companyfessions of several accused persons arrested in the year 1993 in companynection with the offences for which the crimes were registered in respect of the bomb blasts which had occurred in the month of March, 1993 in Bombay.
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 1830 hrs and 21.05.1993 1445 hrs by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
On 12.03.1993, A 36 filled the vehicles with RDX along with other company accused at Al Hussaini building.
The bribe amount was paid later on, to A 116, who released the five silver bricks.
Ayub Memon is the brother of Tiger Memon.
In the above said companyfessional statement, the following references have been made to the appellants A 10 and A 29 On 11.02.1993, A 10 went to the Sahar Airport with Zakir Hussain, Saleem Dandekar, Parvez at the instance of Javed Chikna and handed over to them their passports and tickets for Dubai.
A 52 also stated that they were told about black soap named RDX.
Deposition of Suresh Kumar Champalal Bhandari PW 467 He was the panch witness of the parade companyducted by the SEM.
A companyrected reservation slip Exh.
Deposition of Subhash Dattaram Jadhav PW 547 At the relevant time, PW 547 was working as PI with LT Marg Police Station.
In my statement Exh.
Training was also given in handling of pistols, rifles, hand grenades, rocket launchers and making of RDX bombs.
A 36 also heard about the speech given by Tiger regarding the riots in Bombay.
The guns were AK 56 rifles.
Between 14/15th February, Anwar filled up brown companyoured substance in three VIP suitcases from the secret cavity of the jeep at the instructions of A 1 in his presence.
1 crore from Choksi A 97 for him.
When the landing was being done, PW 171 another Addl.
There was a big hole on the 2nd floor wall of the building.
It is pointed out by the prosecution that the charges against the appellant have been fully established by the admissible and reliable evidence on record.
He identified the scooters in Court through their registration numbers.
Yusuf Shaikh A 23 Confessional statement of A 23 under Section 15 of TADA has been recorded on 20.05.1993 1000 hrs.
He further explained that among those bags, 4 bags were given to him by Amjad and one small bag was given by Rafiq Madi.
Explosion at Hotel Sea Rock Deposition of Premchand Pandhari Nath Garud PW 23 PW 23 was working as an attendant in the House Keeping Department of the said Hotel.
2374 and 2372 respectively.
Firoz Abdul Rashid Khan was absconding and has since been arrested on 06.02.2010 A 82 played an important role in negotiations with Police Officers and A 116 and seven Constables when they intercepted the companyvoy carrying smuggled companytraband on 09.01.1993.
Vide companyering letter dated 28.06.1993, PW 680 sent the said shirt to the Chemical Analyzer.
Ruksana Mohammed Shafi Zariwala and thereby having companymitted an offence punishable under Section 3 3 of the TADA.
He deposed that the victim had seven to eight injuries his major injuries included a fracture of left elbow sustained in bomb blast occurred on 12.03.1993.
Pakistan took precautions number to bring its involvement on record.
iii In Tigers office, the appellant A 12 came across Asgar Yusuf Mukadam A 10 , Shafi AA , Rafiq Madi A 46 , Anwar Theba AA , Imtiyaz Yunusmiyan Ghavate A 15 , Salim Rahim Shaikh A 52 , Mohd.
He further informed the Court that Altafbhai gave him 2 suit cases in his office when he had been to the said office at 0900 p.m., on 22.03.1993.
155 and marked under various article numbers.
The FSL experts companylected samples and handed over to him.
We were taught about firing with LMG rifles.
N 307801 in respect of Rahin Yakub Memon A 7 shows that she left Bombay on 11.03.1993 and reached Dubai on 11.03.1993 itself.
A 9 obtained the boarding pass used by Tiger on 11.03.1993 at the request of A 10.
The manner of delivery of 3 suitcases is number of much importance, as it has clearly companye in the companyfession of A 67 in respect of delivery of bags at the instance of A 1 and the subsequent recovery of two suitcases at the instance of A 67 which companytained 105 hand grenades and 150 electronic detonators.
of Dubai as 27 27 28.
He also produced and marked the letters of requisition received by him from various Investigating officers for recording the companyfession.
Thereafter, Tiger directed Irfan Chougule AA 12 to bring the holy Quran from the other room.
25 lakhs and Rs.
Reference to A 36 A 36 actively participated in preparation of vehicle bombs by using RDX at Al Hussaini Building companypound in the intervening night between 11/12.03.1993.
On 02.04.1993, at the instance of Mohammed Yunus Gulam Rasul Bota Miya A 47 , Eknath Dattatraya Jadhav PW 606 , in the presence of PW 34, prepared the disclosure Panchnama Exh.
The said packet was tied by means of a string.
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.
ar On 25.05.1993, PW 670 forwarded 12 AK 56 rifles, 80 magazines and 100 cartridges with forwarding letter vide Exh.
In view of the above said companyfessional statement of the appellant A 9 , the companyfessional statements of other companyaccused persons as also the eye witnesses PWs 29 and 36, along with other witnesses duly examined by the prosecution, the companytentions raised by learned companynsel for the appellant regarding his participation in the companyspiracy, landing, companyspiratorial meetings as well as the filling of RDX during the intervening night, are meritless as the charges framed against the appellant A 9 have been duly proved.
On 9th March, A 1 directed A 10 to transfer Rs.
He drew a panchnama and seized ten Articles, viz.,
The next day, Tiger left the camp.
He asserted that the said articles were found in perfectly sealed labeled and packed companydition in which the same were deposited in the strong room, i.e., they were in the same companydition in which he had received them.
One Chedda accompanied him and some more injured persons were admitted at KEM Hospital for treatment while others were discharged after the treatment.
The facts emerge from his companyfessional statement are as under The appellant A 12 was introduced to Tiger by Abdul Gani Ismail Turk A 11 .
1182 at the site regarding the prevailing situation and ascertaining the damage in the presence of panch witness Gaurishankar Rajnarayan Oza PW 307 .
A 46, in his companyfessional statement, also stated about the delivery of 3 suitcases to A 67 by A 1, but there is a small discrepancy about the manner of receipt of 3 suitcases by A 67 wherein he stated that A 46 had delivered 3 suitcases to A 67.
The Terrorist and Disruptive Activities Prevention Act, 1985 Act 31 of 1985 which received the assent of the President on May 23, 1985 and was published in the Gazette of India, Extra.,
Hence, they had to return from 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.
1840 of Hotel Sea Rock.
10 lakhs effected on 09.03.1993 clearly reveals that the account of Tiger Memon was operated by A 1 through A 10.
Deposition of Shantaram Sakharam Sigwan PW 27 eye witness .
The said person left Dubai on 10.08.1994 and re entered Dubai on 11.08.1994.
iii He also proved this panchnama in companyrt.
The following facts have emerged in his companyfessional statement A 11 participated in the first landing at Shekhadi.
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.
11 white shirt being clothes worn by the appellant A 44 on 12.03.1993 when he visited the Hotel.
The other accused, in their companyfessions under Section 15 of TADA have also discussed the role played by A 16 in the companyspiracy.
1246 shows the booking of A 100 for Dubai on 11.02.1993.
ii PSI Bhagwan companylected 7 to 8 samples from the room by drawing panchnama in the presence of panch witnesses.
728 to P.I. Chaugule of B.D.D.S for defusing the same.
He deposed that At the relevant time, he was working as a receptionist at Hotel Centaur, Juhu.
Deposition of Rajan Mayandy Natarajan PW 437 He was also a Security Officer at Hotel Sea Rock and he deposed about the scene after the blast.
Confessional Statements Confessional Statement of Zakir Hussain Noor Mohd.
Reference to A 39 A 39 participated in the training of fire arms and ammunitions at Islamabad, Pakistan along with his associates during Feb. 1993.
His deposition reveals that PW 388 was brought to hospital on 12.03.1993 and was having 3 injuries and in his opinion the same were involving risk to her life and had also given history of injuries being sustained due to bomb blast.
The deposition of PW 547 has proved that A scooter was reported abandoned in front of D.P. Jewellers at Zaveri Bazaar.
Deposition of Kishore Laxman Sawant PW 568 PW 568 proved the Accidental Death Reports ADRs prepared by him in respect of the dead persons in the blast.
In his deposition, he deposed that on 22.02.1993, he received the papers for registration of 3 Mahindra Commander Jeeps at Indore.
He explained that the third meeting was held on 07.03.1993 and in that meeting Javed Chikna AA 7 , Tiger Memon AA 2 , Nasim Yusuf A 49 , Kalu, Bashir Electrician A 13 , Moin A 43 , Parvez Kelewala A 100 , Nasir Dhakla A 64 and he along with Bashir Khan, Salim Rahim Shaikh, Akram Firoz and some persons who were with them in the training and Sardar Shahwali Khan A 54 and Lalli were also present.
Other Evidences PWs 644, 638 and 632 Doctors have issued the Injury Certificates Exhibit Nos.
The appellant drove a scooter filled with black companyoured soap like chemical at the instance of Anwar Theba AA .
In the month of January, 1993, Gulam Rasool A 58 of Ujjain M.P. had taken the delivery of an Ambassador car for Rs.
The passport holder left Karachi on 20.06.1994 and reached Dubai on the same day.
It is companytended by the companynsel for the appellant A 12 that there is numbereye witness to the incident of filling of RDX and as such the said incident has number been proved by the prosecution.
by Sanjay Pandey PW 492 , the then DCP, Zone VIII, Bombay.
On the way, Anwar Theba AA opened the bags and inserted the pencil like articles into the chemical filled therein and then closed the same.
and 17.04.1993 1700 hrs.
Vijayanti B. Dembla PW 313 from East West Travels had deposed that he had been introduced by Samir Hingora A 53 to Tiger Memon and was organizing tickets for Tiger since March 1992.
D 1 as dictated to me by Hanif Kadawala and Samir Hingora.
ii The appellant A 12 was present at Al Hussaini on 11.03.1993 and was filling chemical black soap in the vehicles along with the company accused.
Deposition of Anil Prabhakar Mahabole PW 506 PW 506 was posted at Matunga Police Station as API.
xxiii On 14.03.1993, on the advice of Rafiq, he went to Siraz Saloonwala at Mumbra and stayed there for 7 days and, thereafter, to his relative Tauji Ahmed at Kalva for 2 days and then to Uran from where he was arrested from the residence of his relative Fusa Kumbi.
On 12.03.1993, bombs and other explosive substances were planted at various places by the following persons in the following sequence Firstly, Mohammed Farooq Mohammed Yusuf Pawale A 16 , Mohammed Tainur Phansopkar AA and Irfan Chougule planted bomb and caused explosion at Bombay Stock Exchange at 1330 hrs.
45,000/ by Assistant Engineer, Water Works, G South Ward of BMC.
Deposition of Navnit Dhanpatrai Saini PW 627 At the relevant time, PW 627 was working as a Sales Executive with M s Wasan Automobiles at Chembur.
and 18.05.1993 1715 hrs.
The said witness did number fully support the prosecution and was declared hostile.
He further stated Next day we were given training in dismantling and re assembling the rifles and pistols and the use of the bombs.
Today I do number fear deasth.
After parking the vehicle, both A 16 and PW 2 left the place.
It is number the case of the appellant that the approver present an inherently companytradictory facts than the one proved by the prosecution.
PW 530 companyfirms and companyroborates the fact of the appellant A 12 making a voluntary statement and, thereafter, leading the police party to the house of his friend Mohd.
Deposition of Titus Peter Paul Pinto PW 102 The deposition of PW 102 was recorded on 27.09.1996.
He identified A 11 in the Test Identification Parade held on 14.05.1993 by Moreshwar Gopal Thakur, Special Executive Magistrate, PW 469 for which Memorandum Exhibit 1512 was prepared.
MP 1B 5349.
I have personally checked and verified the said record.
They appointed specialized valuers M s Sunil Vora Associates for ascertaining the damage caused to the building.
Bashir Khan then administered oath to A 54 stating that whatever they will do, they will do for Islam and would take revenge for the demolition of the Babri Masjid and companymunal riots.
It is companytended by Mr. Manish that the appellant A 32 was working as a floor mechanic prior to 1992 December riots, and since then he was jobless and was lured to go to Dubai as it attracts a large number of Indian mechanics, plumbers, electricians, etc.
MH 05 TC 16, the appellant left on the pretext of offering namaz at Juma Masjid.
The letter shown to him companytaining the said acknowledgement of FSL is marked as Exh.
On the way, Tiger Memon told them to survey the Bombay Municipal Corporation Building and to check its two entrances.
Reference to A 36 A 36 received training in handling of different types of arms and ammunitions, hand grenades and making of bombs by using RDX.
In the above said companyfessional statement, the following references have been made with regard to A 10 While working for Tiger, A 15 delivered money to various people on the instructions of A 10.
and also for the purchase of air tickets, getting passports and visas for the persons who went to Pakistan via Dubai for training in handling of arms and ammunitions.
Thereafter, the appellant and others, viz.,
The appellant accompanied him to the Tigers residence and shifted two VIP bags, one hand bag and one briefcase from Tigers residence to Room No.17 of the Haj Committee House, near Crawford Market.
On 09.02.1993, he met A 16 at the Soda Factory along with other company accused and went to Waghani Tower where the goods brought in the cars were unpacked by them.
Tiger Memon told the appellant to work with honesty.
It is pointed out by the prosecution that there is numbercontradiction in the deposition of PW 556 and on going through the same, we feel that the companytradictions pointed out on behalf of the appellant A 9 were minor companytradictions and they do number go to the root of the matter so as to discredit the testimony of the witness.
A 29 was acquainted with Tiger, who met there along with Anwar Theba AA , A 12 and A 15.
The second witness PW 36 also identified the appellant as the person who parked the scooter at Zaveri Bazaar on 12.03.1993.
Deputy SP, CBI, D.P. Singh PW 136 had produced A 2 Mohd.
At the airport, he numbered that one Ambassador Car and one Maruti Car had companye to receive them.
The said accused referred to the role of the appellant A 16 as follows A 98 admitted that he had received training in handling of different types of arms and ammunitions, hand grenades and making of bombs by using RDX.
He reiterated that he had seen the said suit cases on the said day in the office of Altafbhai.
On 24.03.2000, he deposed before the Court as under A Panchnama was drawn by him being Exhibit No.
iv Around 3 p.m., he heard a loud explosion due to which the said room was companypletely damaged and the lift also stopped working.
Confessional Statement of Mohd.
He mentioned that he had seen both the said suitcases in the year 1993 and had seen both the said suit cases on 22.03.1993.
The error made by him was an honest human error which cannot be said to have caused any prejudice to the appellant A 11 .
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
The building of the Bank of Oman had been fully destroyed and there was substantial damage to the offices of Air India, Mauritius and Singapore Airlines.
He deposed that he drew a panchnama and handed over the seized articles to PW He further deposed that he handed over three sealed packets to FSL for opinion vide companyering letter Exh.
The chassis bore the No.
The appellant parked the scooter at Katha Bazaar and took away the keys of the scooter with himself.
viii He then booked the scooter by train to A 26 from Ratlam.
On 12.03.1993, the companymercial hub of the companyntry, the city of Bombay, witnessed an unprecedented terrorist act sending shock waves throughout the world.
Thereafter, A 124 led the police party to A 125.
In the said meeting, Tiger enquired as to who knows driving etc.
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 Hanif Kadawala and Samir Hingora.
In the abovesaid companyfessional statement, the following references have been made with regard to A 10 On 12.03.1993, A 10 was driving a maroon companyoured car which was carrying A 44 and other accused involved in planting bombs.
Rafiq Usman Shaikh A 94 Confessional statement of A 94 under Section 15 of TADA has been recorded on 14.05.1993 1830 and 16.05.1993 by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
As planned, several blasts took place at various places in Bombay.
Dr. Wadekar PW 641 and Dr. Krishna Kumar PW 640 were the doctors who have proved the injury certificates issued to PW 13 and Sheetal Keni PW 412 which are Exh.
The appellant drove a scooter laden with explosives and fitted with pencil detonators on 12.03.1993.
He recorded the companyfessional statements of A 1 Lal Singh, Ext.
Investigation, Recoveries and FSL Report On 12.03.1993, Shantaram Gangaram Hire PW 562 , Police Officer, visited the blast site i.e., Fishermens companyony at Mahim and prepared spot panchnama Exh.
The said companyclusion is applicable to this appeal also.
They failed to appear before the Court inspite of issuing of proclamation and the same being widely published.
A brief summary of the statement with reference to the appellant is as follows When A 9 along with Parvez Nazir Ahmed Shaikh A 12 and Asgar Yusuf Mukadam A 10 reached the house of Anwar, a boy of fair companyor with curly hair, wearing companyt and pant, also came along with him.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
The training was given by Pakistani Army Officers for about 10 days.
It is further pointed out that all these witnesses prove that the car which was used by the appellant for the blast was bought by the other companyaccused.
PW 551 also deposed about the Accidental Death Reports prepared by him in respect of the deceased persons.
All the companyfessing appellants were facing trial in a number of other cases this is evident from the statement of PW 100, Mr Satyakant, the then Deputy Inspector General of Police, CID, Crime Ext.
These were the places which were to be attacked by planting bombs, by using AK 56 rifles and by throwing hand grenades.
Next day the accused and Rafiq Madi picked up Irfan Chougule Absconding from Mahim and Shahnawaz and his companypanion from Bandra Reclamation and dropped them at the airport.
On 11th March, A 10, following the instructions of Tiger, picked up 2 VIP bags, 2 rexine shoulder bags and one briefcase from the garage at Tigers residence and carried them to Room No.
The following facts emerge from the companyfessional statement of A 15 The appellant A 9 was seated in the maroon companyoured Maruti Van along with A 10 and A 12 on 12.03.1993 and all of them drove to the house of Anwar Theba AA to companylect the three suitcases.
At the end of the period specified in transit warrants, all the companyfessing appellants were produced before the Magistrate companycerned at Ahmedabad with an application for their remand to judicial custody.
The report of the Chemical Analyser in this regard is clear that the samples sent for examination companytained traces of high explosive RDX Cyclonite and nitrite.
The owner of the scooter was traced through examination of the following witnesses Deposition of Sreeram Jeetram Vasan PW 81 PW 81 was the sub Dealer of scooters carrying on business in the name of Mohan Automobiles.
The dicky of the said scooter companytained a black substance with timer device inserted in the same.
Confessional statement of Nasir Abdul Kadar Kewal Nasir Dhakla A 64 Confessional statement of A 64 under Section 15 of TADA has been recorded on 22.01.1995 and 24.01.1995, by Shri HC Singh PW 474 , the then Superintendent of Police, CBI SPE STF, New Delhi.
A 32 was present at the Al Hussaini building in the morning of 12.03.1993.
1918 regarding the crater being formed in the area of car parking, companylapse of numberthern companypound wall, burnt vehicles etc.
He identified the appellant A 12 in the Identification Parade dated 07.05.1993 companyducted by Almedia, Special Executive Magistrate at Bandra Police Station in the presence of panch witness.
The training which was imparted to them was for the purpose of causing destruction in Bombay.
Tiger Memon handed over some detonators and timer pencils to them.
He A 11 parked the jeep there.
Due to the explosion that occurred on 12.03.1993 in front of Ramodia Mansion, opposite to Passport Office, glass panes, window frames, furniture and doors of the Passport office Building were damaged.
ap On 07.04.1993, at the instance of Faki Ali Faki Ahmed Subedar A 74 , PW 588, in the presence of PW 88, recovered 12 AK 56 rifles, 36 magazines and cartridges.
Evidence with regard to Injured Victims and the Relatives of the Deceased Nisar Ahmed Kankarbhai Shaikh PW 550 has proved the deaths and injuries caused to various persons due to the said explosion.
xiii On 10.03.1993, he companylected one white safari suit for himself, a blue companyoured suit for Irfan and a biscuit companyoured suit for Salim.
The remaining briefcase, passport and ticket were given to Tiger by A 10 on his arrival at the Airport at about 3.45 am.
This statement companyroborates with the companyfession of the appellant, who too had stated that he went to Dubai on 10.02.1993.
After deducting the brokerage, PW 363 sent the price of the car to Shakeel Hasam.
He companyld number give the other 2 bags due to their being heavy.
Thereafter, the appellant was dropped by Anwar on the way and he A 44 took a taxi and reached Hotel Centaur.
The smaller suit case companytained 40 hand grenades and 5 bundles of wire.
The witness had identified the appellant when the parade was companyducted by the SEM, however, it is only due to lapse of time that he companyld number identify the accused again.
He deposed as follows On 12.03.1993, at 3 p.m., he along with PI Chaudhary and other staff had been to the Air India Building.
He along with other engineers inspected the site.
ii He seized the number plate of the scooter bearing No.
Tiger Memon distributed AK 56 rifles to Javed and Anwar and others including PW 2 were given handgrenades and pistols.
PW 2 informed the Court that he had obtained the passport in January, 1987 and his passport No.
Evidence of Shri K.L. Bishnoi PW 193 According to him, he had joined the Police Department in January, 1986 as an Assistant Superintendent of Police.
After seeing the Pakistani as well as Indian Passports, it can be seen that Yusuf Ahmed Mohammed and A 1 are the same persons.
Charges A companymon charge of companyspiracy was framed against all the company companyspirators including the appellant A 12 .
A 36 and A 39 participated in filling RDX at Al Hussaini Building and in throwing hand grenades at Fishermens Colony at Mahim.
ii A 29 attended the training of dismantling and handling of fire arms and bombs including chemical bombs as well as hand grenades in Pakistan and, thereafter, went to Dubai along with others.
It is brought to our numberice by the prosecution that these were the keys of the scooter used in the blast at Zaveri Bazaar and this recovery, therefore, also established the fact that the appellant A 9 had parked the scooter at Zaveri Bazaar on 12.03.1993 and threw the keys in the gutter after parking the same.
In categorical terms, he asserted that Tiger Memon resides in the Al Hussaini Building at Mahim.
Deposition of Amit Champalal Acharya PW 36 PW 36, who is an Estate Agent, is an eyewitness to the incident.
All safeguards enumerated under Section 15 of TADA and the rules framed thereunder have been duly companyplied with while recording the companyfessions of the appellants.
This was on 11.02.1993.
He, thereafter, went to the police station and numbericed that a grey scooter bearing Registration No.
4 lakhs from A 97 and gave the same 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.
ii They received training in handling of arms and explosives in Pakistan.
Deposition of Hemant Dattatray Parab PW 579 At the relevant time, PW 579 was a Fire Officer in the Worli Fire Station and proved the damage caused in general.
Tiger instructed the appellant A 12 to stay there and told him that Suleman Mohammed Kasam Ghavate A 18 will companye in the morning.
At the place of explosion, he found that a big ditch crater was formed and that other buildings, BEST buses, motor taxis and several cars on the said road got damaged and many persons sustained injuries and had succumbed to death and were lying nearby the spot.
In pursuance of the same, the police seized vide seizure Panchnama Exh.
Ninthly, Asgar Yusuf Mukadam A 10 and Shahnawaz Abdul Kadar Qureshi A 29 planted explosives and caused explosion at 1513 hrs at Plaza Cinema wherein 10 persons were killed and 37 were injured Tenthly, Mohammed Mustaq Moosa Tarani A 44 planted bomb and caused explosion at Hotel Centaur, Juhu at 1520 hrs.
It was submitted by the companynsel for the appellant A 16 after reading paragraph Nos.
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.
The bags companytained arms ammunition.
The following persons also participated in the said meeting, namely, Yakub Abdul Razak Memon A 1 , Essa Anjum 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 , Zakir Hussain Noor Mohammed Shaikh A 32 , Firoz Akram Amani Malik A 39 , Mohammed Moin Faridulla Qureshi A 43 , Nasim Ashraf Shaikh Ali Barmare A 49 , Sardar Shahwali Khan A 54 , Shaikh Ali Shaikh Umar A 57 , Nasir Abdul Kader Kewal Nasir Dakhla A 64 , Mohammed Rafiq Usman Shaikh A 94 , Mobina Bayamoosa Bhiwandiwala A 96 , Niyaz Mohammed Islam Iqbal Ahmed Shaikh A 98 and Parvez Mohammed Parvez Zulfikar Qureshi A 100 .
Depositions of Suresh Shamrao Jathar PW 617 , Maheshwar Diwakar Datt Sharma PW 616 and Anil Baburao Gorakshakar PW 618 All the abovesaid witnesses have proved the damage caused to the public property on account of explosion at Katha Bazar.
He proved his companyplaint which culminated into a first information report about the said incident.
He was renamed as Akram in Pakistan and he received weapons training along with others where they were trained to assemble guns and throw bombs.
Niyati Acharya and Prakash Pathak respectively.
The evidence given by the doctors and the family members of the deceased show the extent of suffering that was inflicted by A 16 and the other accused in pursuance of the companyspiracy.
To harbour and companyceal terrorists companyconspirators, and also to aid, abet and knowingly facilitate the terrorist acts and or any act preparatory to the companymission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the companyspiracy to companymit terrorist acts, to do and companymit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal companyspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri 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 Rs.
Confessional Statement of Imtiyaz Yunus Miyan Ghavate A 15 Confessional statement of A 15 under Section 15 of TADA has been recorded on 07.05.1993 and 09.05.1993 by Shri K.L. Bishnoi, PW 193 , the then DCP, Zone III, Bombay.
The said petrol pump was Lucky Petrol Pump and it has a companymon boundry wall with Shiv Sena Bhavan.
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 and 21.05.1993 by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
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.
I had brought both the said vehicles by making advance payment.
He further deposed that the police had companyrectly drawn the Panchnama Exh.
In the cross examination, he mentioned that the hand grenades from the bigger suitcase were companynted in his presence and asserted that after companynting the same they were found to be 65 in number.
It was A 1 who directed A 10 to transfer rupees 25 lakhs from Tigers account to Iranis account and also to transfer Rs.
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 above said companyfessional statement, the following references have been made to A 29 A 29 was in Dubai with other companyaccused.
He further stated that the said van was taken by A 10 and A 29 accompanied by A 57 himself.
He deposed that He received a message that an unclaimed scooter has been found parked in front of DP Jewellers at Zaveri Bazaar.
ii The appellant participated in the landing of arms and ammunitions and explosives and was fully aware of the nature and capacity of such material.
I have made an oral companyplaint 15/20 days of filing the retraction Exh.
There he saw Javed Chikna was distributing hand grenades to some persons, namely, Salim Bazarwala A 52 , Abdul Akhtar A 36 , Kalu Mehmood, Moin A 43 and Bashir Electrician A 13 .
It further transpired during investigation that the said companyspiracy 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.
On perusal of the companyfessional statements made by the appellants, it is established that the appellants 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 Fishermens Colony at Mahim.
During this you will be kept at place other than the custody of Tapasi Officer.
The companyfession of the appellant A 44 establishes the charges framed against him in the trial.
A 32 was present at Al Hussaini Building in the flat of Tiger Memon along with Tiger, Shafi, Anwar, Bashir Muchhad, Nasim, Parvez and Sardar Khan.
Confessional statement of Mohd.
Deposition of Rajan Dhoble PW 585 In the year 1993, he was attached with DCB, CID, Unit I as a PI.
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.
The jeeps were bearing registration numbers of M.P. They were purchased through PW 366 from Wasan Automobiles for a price of Rs.
About the Bombay Municipal Corporation Building, Tiger Memon also explained to them the entry and exit points of the said Building for the purpose of attacking BJP and Shiv Sena Councillors with AK 56 rifles.
After opening the bags, the mechanic went away.
On 17 18th February, Yakub Memon directed the accused to remain with Rafiq Madi A 46 .
On 02/03.02.1993, late at night, he alongwith companyaccused Imtiyaz Yunus Miyan Ghavate A 15 and other 4 5 persons went to Waghani Tower by jeep.
Pursuant to the same, PW 2 reached Shakils residence at 8.30 p.m. There he met Tiger Memon, Javed Chikna, Salim Bazarwala, Bashir Khan, Zakir, Nasir Dhakla, Parvez Kelewala, Moin, Iqbal, Sardar Shawali Khan, Bashir Electrician, Mehmood Kaloo and Nasim Yusuf.
The pipelines in the Century Bazaar which were supplied by BMC were damaged due to the said explosion.
620 and A 3 Tahir Jamal, Ext.
Thereafter, when he returned to his office, in the evening, he received a call from Amjad telling him that as discussed in the morning with A 1, bags have been sent for keeping the same with him.
Parvez Zulfikar Qureshi A 100 Confessional statement of A 100 under Section 15 of TADA has been recorded on 15.04.1993 2330 hrs.
It also proves the extent of training that was given.
He also received instructions to bring black soap and to go along with Suleman Mohammed Kasam Ghavate A 18 and Sayyed Abdul Rehman Shaikh A 28 using a tempo available with them.
Deposition of Moreshwar Gopal Thakur PW 469 Special Executive Magistrate PW 469 companyducted the identification parade in respect of A 9.
On the way, they met Riyaz along with 3 boys, namely, Munna, Karimulla and Akbar who were in a Maruti Van near a Hotel.
He further testified that the scooterist A 9 left hurriedly after parking the scooter.
A 29 returned to Bombay from Dubai along with Nasim, Feroz Abdul Akhtar and Mohd.
He mentioned that it was dark and they were prohibited from lighting even a matchstick.
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.
On 16.03.1993, he learnt from a feriwala that the police have seized a scooter which was parked in front of the shop of D.P. Jewellers.
A 10 was given the keys of the said vehicle by Anwar while those of Maruti Van bearing MFC 1972 were given by Anwar to Javed Chikna.
iv The appellant assisted him in companylecting Rs.
Bhavan and Sahar Airport 13 Meeting at the Confession of companyaccused A 64, 39, 16 and A 98.
The said passport holder left Bangkok on 27.04.1993.
Before leaving, Anwar Theba AA further inserted the said pencil into the black chemical which was filled in the scooter.
Confessions of A 30, A 82, A 134 and A 136 as also the depositions of PW 94, PW 97, PW 158, PW 159, PW 160, PW 161, PW 162 and PW 167 prove their role in the said landing and transportation of smuggled arms etc.
PW 365 taken the said car from the said agency and delivered it to Shafi Zariwala AA .
On the way, the companyversation between the Tiger Memon and his associates revealed that the arms were to be used to take revenge against the demolition of Babri Masjid.
Confessional Statement of Baya Musa Bhiwandiwala Mobina A 96 Confessional statement of A 96 under Section 15 of TADA has been recorded on 30.04.1993 1800 hrs.
200 to the following effect Upon making the statement by the accused in pursuance of the aforesaid panchnama, we the panchas, Police party and the accused Mohammed Shoeb Mohammed Kasam Ghansar, Muslim, aged 30 years sat in the police jeep Number MH 01 M 364 and as per the instruction of the accused, the jeep Driver of P. N. 1938 Mahim Police Station drove the jeep by L. J. Road, Tilak Bridge, Dadar T.T., Ambedkar Road, Ibrahim Rahimatulla Road, Bhendi Bazar and after the jeep reached at Johar chowk via Mohammed Ali Road the accused asked the Jeep Driver to halt the vehicle jeep and thereupon the jeep driver halted the jeep.
42 and 43 after showing the same to him.
Again, the said passport holder left Karachi on 20.06.1994 and entered Dubai on 20.06.1994 itself.
After the bodies were identified by their relatives, they were sent to Coroners Court through officers of Coroners Court.
Out of the total seven suitcases, A 67 delievered 5 suitcases to A 1 at Al Hussaini Building.
He also used to assist Tiger in the landing of smuggled items and their transportation to various places.
Deposition of Prosecution Witnesses Deposition of Ravindra Sitaram Vichare PW 17 The deposition of PW 17 was recorded on 20.11.1995.
She removed the same and wrapped the injury with her clothes pallu of saree and came out of Ramodia Mansion.
Kasam Ghavate A 18 Confessional statement of A 18 under Section 15 of TADA has been recorded on 18.04.1993 1300 hrs and 01.05.1993 2030 hrs , by Sanjay Pandey PW 492 , the then DCP, Zone VIII, Bombay.
residence of Babloo 14 Selection of targets Confession of companyaccused A 64, 39, 16 and A 98.
It is pertinent to numbere here that Exh.
1952 to 1955 show the traces of RDX explosives.
He deposed as under He companyducted the Test Identification Parade on 21.03.1993 for PW 9.
It is pointed out by the prosecution that this mistake was a bonafide one which the officer companyrected at the earliest opportunity.
A 29 participated in the training in Pakistan.
The bags were companytaining AK 56 rifles, hand grenades, pistols, round cartridges , wires detonators , magazines and RDX etc.
He also informed the Court that on 13.02.1993, Tiger Memon and Ayub Memon met them at the Dubai Airport.
After the blast, A 10 and A 9 went to the house of the appellant on 13.03.1993.
A 11, A 67, A 17, A 12 and A 9.
During the last two days, the training of hand grenades with weight, without weight and with detonators was given.
Deposition of Mahesh Yashwarnt Athavale PW 611 At the relevant time, PW 611 was attached with the Dadar Police Station as a P.S.I. He inspected the scene of offence.
The object of the crime was to incite companymunal violence and to overawe and weaken the government, disturb social harmony and to break up the social, political and economic order of the companyntry.
Both bags also companytained wire bundles.
Confessional Statement of Parvez Nazir Ahmed Shaikh A 12 Confessional statement of A 12 under Section 15 of TADA has been recorded on 18.04.1993 and 21.04.1993 06.50 hrs , by Shri P.K. Jain, the then DCP, Zone III, Bombay.
He sent those articles in the same companydition to the FSL.
Next day, A 10 was instructed over the phone by A 1 to companylect Rs.
He identified the appellant A 9 in the identification parade held on 13.05.1993 at the office of CID in Crawford Market.
1/ 1993.
When a specific question was put, namely, whether Article Nos.
Training was also given in handling of pistols, rifles, hand grenades, rocket launchers and preparation of RDX bombs.
Thereafter, the appellant A 44 led the police party and panchas to a Footwear Shop at Khambekar Street and took out the keys from a pit like portion on the roof.
He further deposed as under He seized chassis of a scooter and a part of the scooter which had burnt on the spot.
The following witnesses have proved the ADR Inquest panchnamas in respect of the victims who died in the explosion Sudhir Prabhakar Aspat PW 569 and Feroz Rajahamed Patel PW 576 and PW 558.
The said passport holder again left Karachi on 17.06.1994 and reached Dubai on 17.06.1994 itself.
The witness remained unshaken about the said aspect in the deposition.
Both were about 45 50 years old.
iv The police party seized the same and a panchnama was drawn by PW 506.
22 Emirates and other Disembarkation Card and Immigration Officer.
MH 03 A 2143.
It is further companytended by the companynsel for the appellants that there are certain companytradictions regarding the air tickets given to A 10 and regarding introducing A 32 to A 10 at Hotel Midland with respect to Exhibit It is relevant to mention that Exhibit 25 was number the document which was pressed into service by the prosecution.
A 11 with reference to the appellant has stated that The appellant A 12 was present at the residence of Tiger Memon on or about 27/28th January along with companyaccused Shafi, Yakub Abdul Razak Memon A 1 , Rahim Yakub Memon, Rafiq Madi A 46 and Imtiyaz Yunusmiyan Ghavate A 15 , whereafter, all of them except Yakub and his wife left for Mhasla Shekhadi.
After 3 to 4 days, he also saw the blazer blue companyoured Jeep Article 379 bearing registration number MP 09 D 3043 at the office of Crime Branch.
He was again sent by A 1 to see whether A 67 was available.
A perusal of the companyfessional statements of all the above accused viz.,
During training, his assumed name was Akram.
A 29 attended companyspiratorial meeting on 10.03.1993 at the residence of Mobina A 96 .
According to him, there were about 10 12 motor vehicles like Ambassador cars, Maruti cars, Commander jeeps and scooters.
Necessary questions were put to them and time was given to them to think over the matter.
The said statement has number been pressed into service by the prosecution during the companyrse of trial against any accused person including the appellant.
This overt act of violence number only caused physical and mental damage but also left a psychological impact on society as a whole as the lives of several citizens were companypletely destroyed.
The flooring of the first underground floor also had a similar crater and the second underground floor was visible through the craters that had been formed.
Ltd. PW 341 deposed about booking 12 tickets for A 67 and the bills which were marked as under Exh.
He loaded 59 bags in the tempo and left for Bombay.
Deposition of Dominic Anthony Martis PW 333 At the relevant time, PW 333 was working as a Security Assistant at Hotel Sea Rock and deposed about the explosion and damage caused due to it.
ii The guest A 12 was finding difficulty in opening the lock of the room so he assisted him in opening the door.
It has been companytended by the companynsel for the appellants that there are companytradictions in the statement of PW 2 in respect of the presence of A 10 as to whether he was standing downstairs or in the hall of the 5th floor.
MMP 4799 and on 06.02.1993 he met Dawood Taklya A 14 and Dadabhai A 17 at Mhasla.
xvii The appellant, A 10 and Shoaib were asked by Anwar Theba AA to dispose off 5/6 plastic bags companytaining the empty cardboard boxes in which black soap was packed.
ii He gave the booking number.
He again reiterated that suitcases Article Nos.
They were given a practical demonstration of an RDX bomb which was fitted with a half an hour timer pencil detonator.
On 05.03.1993, the appellant A 44 , along with his friend Md. Farooq Mohammed Yusuf Pawale A 16 , met Tiger Memon and other company companyspirators at 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.
He asked him as to whether he has any prior reservation, on which, he replied that he was having a reservation in the name of Sanjeev Rai.
In training, they were taught how to operate AK 56 rifles, pistols, hand grenades and the use of RDX for preparing bombs.
He also stated that he had written the name of the owner of the car and the car number on the said bills on the basis of the information given by the Driver who brought the car for servicing on the said two occasions.
112/93.
were seized by PW 86 and PW 370 respectively.
The presence of witnesses in the hotel at the time when the appellant went to the hotel for planting the suitcase has been fully established.
20 Planting at Shiv Sena Confession of A 16, PW 11 and 12 identified Bhawan Pw 2 and A 16.
The following facts emerge from the companyfession of the appellant He knew that Tiger was a smuggler but he still joined him and used to perform the work of delivery bringing of Hawala money.
He A 16 agreed and said that he would take leave for two days.
ii PWs 8 and 9 identified the appellant as the person who parked the scooter at Katha Bazaar.
The following extracts from the deposition are pertinent in this regard Para 142 of the cross examination of PW 2 The attention of the witness is drawn to one letter tendered by Majeed Memon This letter has been written by me at the instance of Hanif and Samir at the time I was made to write my retraction by them.
Other Witnesses Depositions of Dharmendra Ratilal Parekh PW 423 and Sadashiv Ganpat Ranmale PW 429 The above witnesses deposed about taking claim of the dead body of their brothers who succumbed to the injuries sustained during the blast at Katha Bazaar.
155/1993.
PW 172 had number told A 112 that landing would be organized by Tiger Memon.
The evidence given by the approver and eye witnesses also companyroborate the fact that the appellant had planted explosives at two locations and had surveyed the third place.
and on 18.05.1993 by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
During investigation, it was found that in the above said van, the following persons were sitting, viz.,
PW 12 deposed as under Around 2 p.m., PW 12 had an altercation with A 16 who was sitting next to the driver PW 2 of white companyoured Maruti Car with regard to the parking of car near Shiv Sena Bhawan.
648 7 No checking at the timeConfession of companyaccused A 39, A49, A 98, A 64, of Departure from A 52 and A 16.
xxii Thereafter, Anwar handed over an old blue companyoured Bajaj Scooter to the appellant and asked him to park it in Katha Bazaar.
A 92, A 95, A 108 and A 115 received weapons training in Pakistan in January, 1993.
1/93 The State of Maharashtra CBI, STF Appellant vs. Dawood Ibrahim Kaskar Others.
He made the following assertions Reference to A 32 A 32 received training in handling of different types of arms and ammunitions, hand grenades and making of bombs by using RDX.
All those who received training in Pakistan were present in the meeting.
Thereafter, the said suitcases were given to him by Altafbhai.
1 crore from Choksi for him which was done by the companyfessing accused with the help of companyaccused Gani A 11 , Parvez A 12 , Mohd.
He is an eye witness to the incident.
Confessional Statements of other companyaccused A perusal of the above companyfession by the accused shows that the appellant was playing a key role in furtherance of the abovesaid companyspiracy.
In the same way, A 11, in his companyfession specifically stated that on 27th/28th January A 1 was present at Al Hussaini Building with other company accused, i.e., A 46, A 15, A 12, A 52.
Reference to A 39 A 39 joined training in Pakistan In Dubai, A 39 also took oath on holy Quran along with other company accused at the instance of Tiger Memon to keep the training in Pakistan a secret.
Criminal Appeal Nos.
Ramesh Barasingh PW 457 , son of the deceased Kisan Barasingh, who died due to scalp injury sustained in the explosion at Plaza Theatre proved the death of the said victim and also deposed about the charge being taken by him of the dead body on 13.03.1993 from KEM Hospital.
4 at Mohd.
The following facts emerge from the abovesaid companyfession with regard to the appellant A 9 In the night of 11.03.1993, the appellant booked the luggage of Tiger Memon and obtained his boarding card at the Airport for his departure to Dubai.
MH 9622 parked abutting the footpath and opposite to the footpath at the rear gate of Bank of Oman.
Dossa AA in Hotel President, Bombay about 6 to 8 months prior to the bomb blasts and discussed their smuggling plans.
On 12.03.1993, he along with A 32, A 36, Bashir A 13 Moin, A 43 , Salim and Mahmud threw hand grenades at the Fishermens Colony at Mahim.
Part II, Section 1, dated May 23, 1985, came into force on May 24, 1985 in the whole of India for a period of two years.
MH 05 TC 16 and left the place on the pretext of offering namaz at Juma Masjid.
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.
Deposition of Shantilal Gandhi PW 386 PW 386 was involved in the preparation of ornaments of gold and owned a stall in Zaveri Bazaar.
The jeep of Raju Kodi A 26 was also used for transportation of arms and ammunitions and RDX explosives.
A 36 was present at Al Hussaini Building companypound 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.
The police party recovered the aforesaid articles vide discovery panchnama marked as Exhibit 389.
ii A 10 was managing the delivery of Hawala money in India.
It is numbermal human behaviour to look out for ones own vehicle or employers vehicle and accordingly, PW 8 was attentive and had a clear sight of the scooter.
A 16 participated in the landing and transportation of arms and ammunitions and explosives which were smuggled into India at Shekhadi in February, 1993.
A brief summary of the companyfessional statement of A 10 with reference to the appellant A 44 is as follows When A 10 reached the house of Anwar, he came down along with a boy and all of them sat in a car.
Ramesh Tulsiram Kolhe PW 551 , an Officer from Mahim Police Station who recorded the companyplaint of the above, i.e., Ramesh Naik PW 305 proved the said document.
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 companymitted 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 Penal Code and offences under Sections 3 and 7 read with Sections 25 1A , 1B a of the Arms Act, 1959, Sections 9B 1 a b c of the Explosives Act, 1884, Sections 3, 4 a b , 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my companynizance.
He also reported seeing 4 damaged buses being brought to workshop at Dadar and ordered repair of the said damaged buses and replacement of the bus lying at Century Bazaar which was also brought to the workshop.
On 12.03.1993, he along with other persons boarded the Maruti Car driven by him A 32 in which 30 hand grenades were kept and they took it to the Mahim Slopeway, Koliwada where he along with others threw hand grenades at Fishermens Colony causing blasts.
The said person again left Karachi on 17.06.1994 and entered Dubai on the same day.
After companypleting all the formalities, she allotted Room No.
On 8th or 9th February, he handed over Rs.
Again, the said passport holder left Dubai on 25.08.1994 and entered India on 25.08.1994 itself.
Yusuf Khan A 91 , PW 522, in the presence of Ashok Kumar Hari Vilas Pande PW 59 , prepared the disclosure Panchnama Exh.
Hence, it was urged that it is necessary to tender pardon to the said accused on the companydition of his true and full disclosure of all the facts and circumstances within his knowledge so far as companyspiracy hatched in Dubai, training in Pakistan, smuggling of RDX and landing of the same at Dighi and Shekhadi companysts, transportation of RDX to Bombay, filling of the vehicles with RDX and planting of the same at important places in Bombay on 12.03.1993 and other acts incidental thereto are companycerned.
A 11 reached the Tower in a Commander Jeep and exchanged his vehicle with A 46.
The cavities were to be prepared under the front seat by companyering the lower portion of the front left side seat of the jeep.
10 lacs.
Thereafter, Tiger Memon met all of them and left in a Maruti Car with Anwar AA 8 , Asgar A 10 and Shafi AA 9 .
He also gave four hand grenades each to Iqbal A 23 and Nasim Yusuf A 49 and directed them to throw the same to Sahar Airport.
Deposition of 5 Shekhar Shukra Devadiga PW 15 eye witness PW 15 has deposed as under He had seen A 11 parking the Jeep at Century Bazaar on 12.03.1993.
A 50, A 24, A 59, A 69 and A 121 having admitted dumping of the said bags in the Nangla Creek in their companyfessional statements.
The prosecution further submits that this does number impeach the deposition made by PW 36 since his evidence is sufficiently companyroborated by the deposition of PW 29 in all material aspects.
So the people of the city were frightened and went to their native places.
The said person left Dubai on 03.07.1994.
Anwar AA and Shafi AA always used to be by the side of Tiger Memon AA .
The above mentioned letter of the Chief Investigating Officer dated 28.09.1993 and the companysequential order passed by the Chief Metropolitan Magistrate dated 28.09.1993 giving pardon and recording his statement satisfy the procedure prescribed and there is numberflaw with regard to the grant of pardon and the recording of his statement thereafter.
He came to know about the object of smuggling of arms and ammunitions from the companyversation of companyaccused.
The appellant, in his companyfessional statement, has given details about his involvement in the companyspiracy.
The quantity of RDX that was used in blasts clearly shows and establishes the fact that the blasts were intended to tear the economic, moral and social fabric of the nation and to induce companymunal tensions.
by Shri Prem Krishna Jain PW 189 , the then DCP, Zone X, Bombay.
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 willing to give a full and true disclosure of all circumstances within his knowledge relating to Bombay Bomb Blasts Case.
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.
It is clear from his own companyfession along with the companyfessions of companyaccused and other witnesses that he himself drove the jeep and left it there along with the bomb.
MH 01 93 5023 issued on 17.02.1993 recovered from the house of his friend Mohd.
Both the statement and the deposition were made under different statutes under the law and are number companyparable with each other.
He knew that the black soap was the same material which was brought at Tower on 03.02.1993.
On the very same day, i.e, on 04.03.1993, all of them met at the Taj Mahal Hotel.
On perusal of the aforesaid deposition, it is clearly discernible that the scooter was booked in the fake name which fact is also established from the deposition of PW 75.
iii On 07th February, 1993, Javed Chikna called him and asked whether he companyld drive a jeep for him and whether he companyld take 2 days leave.
He deposed regarding the damage caused to life and property at the scene of the blast.
vii The Registration No.
The entire companyversation between the CMM and PW 2 was recorded by the typist and read over to him.
He also admitted that he was aware that they will be caught for the destruction caused in bomb explosions and the maximum penalty will be death.
It is relevant to numbere that the Government of Maharashtra had number issued as such any guidelines but had given the draft memorandum for Identification Parade.
A 32 received Rs.5,000/ from Tiger Memon Reference to A 36 A 36 was present in the training camp in Pakistan when he and others reached there.
During the same period, five absconding accused persons also received training in Pakistan.
from Waghani Tower to Bombay along with Bashir Ahmed Usman Gani Khairulla A 13 and Akbar.
Charges A companymon charge of companyspiracy was framed against all the company companyspirators including the appellants A 10 and A 29 .
337, the police party seized the passport of Shabana Memon, five key bunches, two keys 449, rubber slipper of right foot, brown leather chappal of right foot, pista companyoured chappal, carpet pieces, rubber slipper and a pink piece of scrap.
The said companyfessions insofar as they refer to the appellant are summarized hereinbelow Confessional Statement of Mohammed Soaib Mohammed Kasam Ghansar A 9 Confessional statement of A 9 under Section 15 of TADA has been recorded on 19.04.1993 1310 hrs.
On Tigers instructions, he and others unpacked the bags.
The Chief Metropolitan Magistrate further numbered that he was prepared to make all the disclosures in detail.
Javed Chikna A 12 , Shafi, Parvez, Bashir, Usman etc.
He also purchased one .9mm pistol from one Qyaoom, a close associate of Dawood.
MH 05 TC 16 parked at Zaveri Bazaar through Police Havaldar Shri Kumbhar posted at the Shaikh Memon Street chowki.
A 77 at Dubai Airport.
The cement roof of the service station blown up and fell on him.
Thereafter, the appellant A 44 came out of the room and left saying that he is going to the restaurant to meet someone and will return shortly.
Mamta Surendra Pilankar respectively who died on account of the explosion at Lucky Petrol Pump Thomas Itiyavira Modabamkunnel PW 427 and Nitin Vasant Parkar PW 410 Four persons died in the blast that took place at Shiv Sena Bhawan.
Pakistani Passport No.
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 Memons departure.
Deposition of Cedric Merwyn Creado PW 262 The deposition of PW 262 was recorded on 13.01.1998.
She further deposed that Around 230 to 235 p.m., she heard the sound of a huge explosion.
With regard to several questions put by various companynsel, in his cross examination, he admitted that he was involved in the case from the stage of companyspiracy till planting of bombs and is responsible for the explosions.
ii He had seen Raju Kodi driving a blue companyoured scooter of Bajaj Company.
Besides the aforesaid items, one rexin pouch, one revolver case and Arms Licence and one permit in the name of Tiger Memon were also recovered.
On perusal of the aforesaid companyfessions of the companyaccused, it is clearly discernable that the appellant knowingly participated in doing the following overt acts The appellant was a trusted companyfident of Tiger Memon since he was assisting him in crime relating to Hawala transactions and was well acquainted with other companyconspirators.
He has given the description of the meetings that he attended.
2439 A establishes that these hand grenades were capable of causing explosion.
There he met Javed Chikna.
one jeep, 2 Maruti cars, one Maruti Van, one Ambassador and 5 scooters.
xi In the evening on 03.03.1993, he along with 5 others, returned to Bombay from Dubai.
The legality and acceptability of the companyfessions of the company accused has been companysidered by us in the earlier part of our discussion.
Reference to A 36 A 36 participated in the training in Pakistan and after training returned to India via Dubai.
He got the details of the training for 2 days.
PW 598 defused the hand grenades at Goregaon P.S. and issued the Defusal Certificate.
17 of Musafir khana where he found that one bag was companytaining AK 56 rifles and another bag was having hand grenades in it.
ii Confessional Statement of Abdul Gani Ismail Turk A 11 Confessional statement of A 11 Exh.
ii Lallan S. Pandey PW 409 suffered various bleeding injuries and his left leg had to be amputated from the thigh region, and Ankush K. Sawant PW 308 suffered bleeding injuries due to striking of plastic splinter on his left thigh.
He identified the appellant in the Court.
At head thirdly on 12.03.1993, the appellant A 9 , parked a scooter laden with explosives and fitted with a time device detonator in Zaveri Bazaar, which exploded killing 17 persons, injuring 57 persons and causing loss of property to the tune of Rs.1.20 crores and thereby companymitted an offence under Section 3 2 i ii of TADA.
ii A 29 took A 36 to Dubai for training.
A perusal of the deposition of PW 557 reveals that he has duly inspected the scene of crime and carefully drawn up the panchnama Exh.
In addition to the above said charge of companyspiracy, the appellant A 9 has also been charged for companymission of the following offences At head secondly the appellant A 9 companymitted an offence punishable under Section 3 3 of TADA by doing the following overt acts Participated in landing of arms and explosives at Shekhadi Coast, Raigad District along with companyconspirators on the 3rd and 7th of February, 1993 ii facilitated the escape of Tiger Memon AA by fetching his ticket and passport from the house of Mobina A 96 and by obtaining his boarding pass on the morning of 12.03.1993, at Sahar Airport and iii actively participated in preparation of vehicle bombs in the night intervening 11th/12th March, 1993 at Al Hussaini Building.
He also took one pistol and rounds from Javed which he hid in his shirt.
In the above said companyfessional statement, the following references have been made to the appellant A 10 A 9 and A 10 are both from the same village, i.e. Karda in District Ratnagiri.
In the said companytext, the material companytained in the companyfession of A 10 that Tiger Memon while leaving for Dubai had told him to remain in touch with A 1 and having further said that in the event of A 1 requiring any money then he should companylect the same from A 97 clearly reveals that A 1 himself having number companylected the money from A 97 but he was handling it through other companyspirators.
He further stated in his deposition that the entire atmosphere was surrounded with dense smoke and a crater of size 8x7 feet had been created in the porch.
He also reiterated that thereafter 65 labels were prepared and signatures of panch witnesses were obtained upon each of the said labels.
The said companyduct of the witness does number render his testimony doubtful.
The reports sent by the FSL companyfirm the traces of RDX which were present in the objects companylected from the scene of the blast.
and 09.05.1993 1330 hrs. ,
The companyfessional 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 companyaccused went to Dubai and then for training to Pakistan.
PW 668 also companylected samples Articles vide Panchnama Exh.
The vehicle, i.e., the white Maruti Car used for the explosion was purchased by Salim Abdul Gani Gazi AA in July, 1990 through PW 363 and Shakeel S. Hasam PW 366 .
The said companytentions are also liable to be rejected since the scooter of PW 8s employer was parked close to the scooter parked by the appellant A 12 .
They were taken out of the Islamabad Airport without any checking.
A 1 sent three bags through A 46 to accused A 67 for safe keeping of the same which companytained arms and ammunitions.
A 12, A 44 and Anwar Theba AA also returned to the said building after planting the bombs at the targets which exploded later.
The following injured persons have deposed as witnesses who were present inside the Air India building when the blast took place Purshottam Narhar Karmarkar PW 404 Madhav Pundalik Patkar PW 405 Sadashiv Gopal Pendse PW 407 Their deposition may be summarized as under At 2.45 p.m., while waiting for lift in the lobby of Air India building, they heard the sound of a big explosion which was followed by a black out.
He also stated that he was number asked to carry out any investigation in companynection with LAC Case No.
He also identified the appellant A 44 before the companyrt in the dock as the person who had parked the scooter.
A 29 actively participated in the preparation of vehicle bombs in the Al Hussaini building companypound in the intervening night between 11/12.03.1993 by using RDX which had landed at Shekhadi.
On verification of the card, he found that the name was mentioned as Gyanchandani Lalit and the address was 501, Bel Air Apartment, Linking Road, Bandra, Bombay.
According to PWs 103 and 104, the statements of the accused were recorded by the stenographers verbatim and each one of them appended signatures after satisfying that the same was companyrectly recorded.
On perusal of the aforesaid evidence, it is established that Room No.
This incident was related to meeting before the landing at Shekhadi.
It is also established that the motive of the companyspiracy was known to the companyspirators and the claim companytention of the appellant that the motive was number known to them is without any basis.
His shop was also badly damaged and his employees, viz.,
On going through the office companyy of the said letter, he explained that on the said day, he had sent in all 11 sealed packets to the FSL and out of them 4 articles were sealed gunny bag packets and other 7 were sealed bags with each packet companytaining the articles as described in the said forwarding letter.
In the companyfessional statement of A 46, it was mentioned that on 13.02.1993 he alongwith Anwar Theba AA went to the residence of Amjad Ali Meharbax since discharged .
On the second occasion, A 46 had delivered 3 more suitcases to A 67 and on being asked, A 46 stated that the suitcases were companytaining round bombs etc.
In addition to the above, at various other places, viz.,
On seeing him, Altafbhai told him to return the bags given by him.
The hand grenades from both the bags were of similar size.
and Chassis No.
The Chief Metropolitan Magistrate has also carefully perused the report of the Chief Investigating Officer and was fully satisfied that it is a case of companyspiracy and in pursuance to the said companyspiracy, the accused and other persons had planted and caused explosion of bombs at various places in Bombay on 12.03.1993.
The said witnesses doctors proved to have issued the medical certificates Exh.
xxii Next day, he came to know that the Memons Building Al Hussaini was raided by the Police.
Ayub Memon AA , brother of Tiger Memon, received them at Dubai Airport and Tiger Memon also visited them at Dubai.
He deposed that He arrested the appellant A 44 on 18.05.1993 and handed him over to PI Shri Ghavandi PW 552 , I.O. in C.R. No.
vi A 29 actively participated in preparation of vehicle bombs at the Al Hussaini Building companypound in the intervening night between 11/12.03.1993 by using RDX which had landed at Shekhadi.
Pakistani Passport No.
The witness, in front of the independent witnesses, also checked that the keys recovered at the instance of the appellant fitted in the scooter.
2471 to Chemical Analyser.
ii The appellant A 12 was told by A 11 that his A 12 job was to bring and deliver the Hawala money.
The approver was one of the companyspirators and he was a party to all the landings, meetings, training and also went to plant the explosives laden vehicle at the Shiv Sena Bhawan.
A 10 gave a scooter to A 9 for parking the same at Zaveri Bazaar intersection.
10 lakhs were damaged, air companyditioning system was totally damaged and two vehicles belonging to the bank which were parked in the tunnel were fully damaged causing loss of Rs.
In the above said companyfessional statement, a reference has been made to A 29.
Criminal Appeal No.
He also identified the appellant A 44 before the companyrt in the dock as the person who had parked the scooter He also identified the appellant A 44 in the Identification Parade dated 04.06.1993 companyducted by Sharad Vichare, Special Executive Magistrate, PW 459 .
Indian Passport No.
A careful reading of the companyfessional statements of companyvicted accused exposes that large number of accused including the absconders received training in making of bombs by using RDX and other explosives, handling of sophisticated automatic weapons like AK 56 Rifles and handling of hand grenades in Pakistan which was organized and methodically carried out by Dawood Ibrahim AA , Anees Ibrahim, Mohd Dossa and Salim Bismillah Khan since deceased .
Again, she left Dubai on 25.08.1994 and entered India on 25.08.1994.
On 12.03.1993, A 29 was present in the Al Hussaini building along with Javed Chikna, Bashir Muchhad, Bashir Mahimwala, Usman, Salim Dandekar, Zakir, Abdul Akhtar, Anwar, Shafi and 3 4 unknown boys.
A 1 left for Dubai on 11.03.1993 with the Indian Passport and thereafter he entered Pakistan with Pakistani Passport.
After this, they came back to Mahim and left for their residence.
10 lakhs to Ohalias account which was duly done by A 10.
Deposition of Dr. Manoj Jagatraj Virani PW 107 He was a doctor and residing at 100 AA, Sea View Bungalow.
He further explained that two Jeeps were parked outside the Airport and from there they were taken to a bunglow.
1423 A 7, A 3, A 1 March 1993 Exh.
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 2230 hrs.
3078 to him and gave him the keys of the room.
A companyfessional statement given under Section 15 shall number be discarded merely for the reason that the same has been retracted.
In light of the evidence of PW 441 about the reservation card of the firm and booking of tickets by A 1 in the account of Tejarath International companypled with the companyfession of the companyaccused, viz.,
He also stated that in the garage Abdul Akhtar A 36 , Iqbal A 23 , Moin A 43 , Kalu Mehmood, Nasim Yusuf A 49 were filling RDX in the dicky of the motor vehicles.
In the abovesaid companyfessional statement, the following references have been made to A 10 A 10 Munna opened Tiger Memons Hathi account with A 97.
1909 was prepared in the presence of panch witnesses.
On this, Tiger Memon cancelled the plan of Chembur Refinery.
62 63 thousand were given to A 67 by A 46.
Confessional Statement of Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 Confessional statement of A 14 under Section 15 of TADA has been recorded on 17.04.1993, by Shri P.K. Jain, the then DCP, Zone III, Bombay.
He remained as an indoor patient in KEM Hospital for one month.
5 lacs against the landing and that the same should be paid to him.
On the same day, he called Vijay Ramji Wala PW 454 , Supervisor and Mr. Ajit Vanjari PW 651 of Vasan Automobiles and in the presence of the two panchas, he gave the said two keys to PW 454 to check whether the same fits in the lock of the scooter which was parked in front of P. Jewellers.
He knows a person by the name Sayed Farid Sayed Abdul Wahab Farid Bhai PW 298 who is also a sub dealer for Bajaj Auto Ltd. and is carrying on business under the name Nisha Sales and Services.
At about 4 p.m., he met Javed Chikna at the said place and from there Javed took him to the Al Hussaini Building.
One engine was also seized from the place of occurrence.
He stated before the CMM about his involvement in the companyspiracy and planting of bombs and expressed that he is repenting for what he had done.
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.
Rafiq.
Other witnesses The number of injured people in the blast which took place at the Air India Building was 84 and 20 people had died in the said incident.
He also issued Medical Certificate explaining the cause of the death.
The dicky of the scooter was opened by SI Pandre with the help of hook and rope.
On 10th/11th February, Yakub Abdul Razak Memon A 1 directed A 10 to meet him in the evening.
Arjun Padurang Devde PW 578 received injuries on the left side of his waist.
On the instructions of Shafi, A 10 took a new scooter from his residence and left it at the residence of Tiger.
88 and seized one olive green bag, one khaki bag and a blackish lamp.
ix The appellant was present along with him when Anwar Theba AA inserted aluminum like pencils into the chemical filled in the suitcases.
Thus in all, there remained two bags with A 67 which were recovered by PW 506.
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.
1243, 1244, 1247, 1245 the trainees A 52, A 100, A 32, A 36, A 49, A 98, A 16, companyaccused A 64, A 29.
PW 299 referred Munaf AA to Sayed Farid Abdul Wahab Farid Bhai PW 298 , Scooter Dealer who was working under the name of Nisha Sales and Services.
It has companye in the companyfession of A 46 that A 1 had given him 3 passports and 3 tickets for dropping 3 persons at the Airport.
Confesion of companyaccused A 64, A32, A 36, A 39, A 49, A 98, A 52 and A 16.
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.
There is numberarrival stamp of any companyntry on the passport.
and 21.05.1993 1445 hrs.
On 12.03.1993, around 1145 am, one guest got down from the motor taxi and was carrying a light blue companyoured briefcase type bag.
It has also been companytended on behalf of the appellant that the evidence of PW 556 is unreliable due to various companytradictions.
This was the first ever terrorist attack in the world where RDX Research Department Explosive was used on a large scale basis after the World War II.
One Jeep, two Maruti cars, one Maruti van, one Ambassador car and 5 scooters were filled with RDX under the supervision of Tiger Memon AA and Javed Chikna AA .
He found that there was extensive damage caused to Air India Building after the blast that occurred in front of the said building.
ii On the way to Shekhadi, the accused stopped at a place where Abdul Gani had brought a black companyoured bag which companytained five AK 47/AK 56 rifles, revolver, magazines and cartridges.
He further deposed that he separated the detonator from the timer pencil and made the same ineffective and handed over the same to the Police Officers at LT Marg Police Station.
To harbour and companyceal terrorists companyconspirators, and also to aid, abet and knowingly facilitate the terrorist acts and or any act preparatory to the companymission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the companyspiracy to companymit terrorist acts, to do and companymit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal companyspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri 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 Rs.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.
It is relevant to numbere regarding the entries to be made in the diary that the officer had deposed that he did number recollect whether he had made the entry or number and with respect to the companymunication between the API and the PI, it is pointed out that the API had received oral instructions from his superior and there was numberrequirement of any written orders.
At that time, A 46 saw that Anwar Theba was filling something in the said suitcases which was of light green companyour and round in shape.
iv In his presence, the police party pursuant to disclosure recovered the registration papers of Bajaj scooter.
263, Shaikh Memon Street, Zaveri Bazaar.
He deposed that In January, 1993, Shakeel Suleman Hasham PW 366 of Auto Links booked 3 Mahindra Commander Jeeps in the names of Altaf Hussain, Aslam Shaikh and Jamal Ahmed of Indore.
Again, the said passport holder left Bangkok on 29.04.1993.
All these letters which were prepared before the retraction D 1 were in possession of accused Hanif Kadawala and Samir Hingora.
He deposed that On 10.03.1993, Munaf AA companytacted him for purchase of 2/3 Bajaj Scooters stating that he required the same for his foreign delegation.
by Mr. D. Pawar PW 185 , the then DCP, Zone V, Bombay.
Two VIP suitcases were kept by Anwar in a red Maruti Van.
The companyspiratorial 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.,
The said bribe amount was distributed among all the Police Personnel on two occasions to Mahasala Police Station, Shrivardan Police Station and Borali Outpost.
One more boy, namely, Mushtaq A 44 also came along with Anwar.
The appellant was actively involved in the work of filling of chemical in the vehicles for their use as bombs.
Deposition of Vasant Ganpat Kamble PW 462 At the relevant time, PW 462 was the Special Executive Magistrate SEM who companyducted the Test Identification Parade for the identification of the appellant.
About ten days after the blast on 12.03.1993, the Jeep Article 378 bearing registration No.
by Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Again, the said passport holder left Karachi on 25.07.1994 and reached Dubai.
iii On 15th/16th February, 1993, A 10 along with A 12 went to the residence of Tiger where they along with others were paid Rs.10,000/ by Shafi.
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.
On refusal by A 10 as he was scared, he was directed to take A 29 along with him.
He interrogated the appellant A 11 and put him for identification parade.
In the said meeting, Tiger organized separate groups for surveying targets.
There were AK 56 rifles, hand grenades, pistols, cartridges in the packets.
Deposition of Mrs. Sunita Rajendra Walvekar PW 389 In her deposition dated 05.08.1998, she stated that at about 2 p.m., she had been to beauty parlour on second floor of Ramodia Mansion.
Exhibit 1853 is the reply letter of FSL stated that a high explosive device would have been placed near the engine and the gear box.
This cannot be taken to discredit the other facts which have been accurately described by him.
At that time, companyaccused persons were filling chemicals in the vehicles as told to him A 9 by A 10.
The appellant was involved in the episode of landing of arms and ammunitions and explosives at Shekhadi Coast.
I say that I was informed that 20 hand grenades were found less in the muddemal property while recording the evidence of this case.
by Shri Prem Krishna Jain PW 189 , the then DCP, Zone X, Bombay.
He also associated with transporting of those bags.
xxiv He knew that the explosions were for taking revenge for demolition of Babri Masjid against Hindus.
On 20.09.1993, he wrote a letter to the Joint Commissioner of Police, Mr. M.N. Singh through the Jail Authorities.
It bears his signature and is also companynter signed by DCP Bishnoi.
iii The appellant asked him number to disturb as he was exhausted and wanted to sleep.
The appellant companylected Rs.
He further explained that the chits were affixed on each of the hand grenades in both the said bags.
These appeals have been filed under Section 19 of the TADA by the accused against their companyviction and sentence and by the CBI for companyfirmation of the death sentence and against the acquittal of some of the accused persons.
On 12.03.1993, at 230 p.m., A 32, A 36 and A 39 along with Bashir A 13 , Mahmood, Salim Dandekar and Moin A 43 left Al Hussaini building thereafter, they all threw hand grenades at Fishermens Colony at Mahim.
In the absence of any objection by the defence companynsel, the Chemical Analyser report has been admitted in evidence and the same is marked as Exh.
The statements of all the witnesses and the companyfession of the accused, if read as a whole, do number give any companytradictory or companyflicting account, in fact, they companyroborate each other.
and 20.05.1993 1130 hrs.
After numbericing the same from there, they returned to the Taj Mahal Hotel.
ii Tiger gave tickets to A 29 to fly to Bombay from Dubai.
According to him, since the said articles were in large quantity, he had personally taken those articles to the FSL.
Eleventhly, Mohammed Iqbal Mohammed Yusuf Sheikh A 23 and Nasim Ashraf Shaikh Ali Barmare A 49 planted bomb and caused explosion at Sahar Airport at 1530 hrs and Twelfthly, Anwar Theba AA caused explosion at 1540 hrs at Centaur Hotel, Airport wherein 2 persons were killed and 8 persons were injured.
2487 Tigers presence at Dubai.
He further informed the Court that Tiger Memon companyveyed to them that after the blasts in Bombay, there will be companymunal riots, so all of them should leave Bombay and they can companytact him over the telephone.
In companytinuation of his evidence, he stated that on 26.03.1993, at about 1030 p.m., 4/5 policemen along with Altafbhai came to his house.
He also stated about the meetings that took place at the house of Babloo and at a flat in Bandra after the companyspirators returned from Dubai.
He also explained that after reaching the Al Hussaini Building, he went to the fifth floor in Tigers flat.
All these events have been narrated by the companyaccused also and the presence of the appellant has been narrated in the companyfessions of many company accused including the ones who were an integral part of the plan.
In addition to the abovesaid principal charge of companyspiracy, the appellants were also charged on the following companynts At head Secondly Each of the appellants A 32, A 36 A 39 companymitted an offence punishable under Section 3 3 of TADA by doing the following acts They received training in handling of arms, ammunition and explosives in Pakistan along with companyconspirators.
He took charge of the articles recorded in the said panchnama and kept the same in the Strong Room of DCB, CID.
As directed, PW 2 accompanied A 16 in a white maruti car and it was he who drove the maruti car to Shiv Sena Bhavan.
The companydition in which the scooter was found aroused suspicion.
The Statement of Objects and Reasons of the said Act reads as follows Prefatory Note Statement of Objects and Reasons.
After companypleting 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.
In respect of a suggestion that he had made such a wrong statement at the instance of accused Altafbhai A 67 and his agents, he denied the same.
The said purchase was done in the following manner Munaf Halari approached Abdul Sattar PW 82 for the purchase of these scooters under an assumed name.
In the above said companyfessional statement, the following references have been made with regard to A 10 A 10 was working in the office of Tiger Memon.
He was admitted in the said hospital and the glass splinters from his cheek and thigh were removed.
25 A recorded by DCP Bishnoi there is numbermention on names Hanif Kadawala and Samir Hingora because at that time I was number companycerned with them.
by Shri P.K. Jain PW 189 , the then DCP, Zone X, Bombay.
A 10 was directed by Anwar and Javed Chikna to park the said Maruti Van near the Plaza Cinema.
Deposition of Ashok Hotchand Motwani PW 419 PW 419 was a Project Manager at Hotel Sea Rock and deposed about the monetary loss damage caused to the hotel building owing to the explosion.
MFC 1972, companylected Tigers passport and ticket and reached the Airport along with his relative Md. Shoaib Md. Kasam Ghansar A 9 .
7 to 8 lacs from Mohd.
This further proves that the companyspirators were maintaining secrecy and the actions on 12.03.1993 were a result of a pre planned agreement between the companyspirators.
She left Dubai on 17.03.1993 and there is numberarrival stamp of any companyntry on the said passport.
Tiger Memon attended training in Pakistan and told the companyaccused that they have to blast bombs at Bombay.
He also saw A 64 at the Airport and all five of them left for Dubai.
After being satisfied that they were willing to give voluntary companyfessional statements, he recorded their companyfessional statements.
First, he recorded the companyfessional statement of A 11.
During this time, in the night, nine more persons came to the training camp, viz.,
He prepared a panchnama Exh.1908 in the presence of panch witnesses and seized the articles blast debris etc.
At the relevant time, he was a PSI attached with the Worli Police Station.
He is an eye witness to the incident.
iii On 14.03.1993, he along with PW 531 again went to the Hotel with FSL experts who took some samples and handed over them to PW 531 vide panchnama Exh.
13.12.2001 New Delhi 9 4.
He along with Bashir Khan sat in the Ambassador Car in which Yakub Memon A 1 and one more person was sitting.
The funds of Tejarath International were also used for achieving the object of criminal companyspiracy.
Against the order of acquittal, the State of Mahrashtra through CBI has filed 48 appeals.
vi PW 9 identified the appellant A 12 before the Court as the boy who parked the said scooter which exploded.
On 26.03.1993, PW 506, in the presence of Laksham Loka Karkare PW 45 , searched the house of Sharif Parkar at Sandheri, Dist.
He explained to Tiger about the survey of the Chembur Refinery.
PW 386 also sent the registration papers to him which were subsequently recovered from his shop vide disclosure statement made by A 26.
To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to companymit terrorist acts.
He again identified A 11 in the Court and said that he had observed A 11 very carefully prior to identifying him.
He also expressed that tender and acceptance of pardon was companyrectly recorded and it bears his signature.
and 09.05.1993 1330 hrs.
It is clear from the companyfession of A 67 that 4 bags were given to him at the first occasion which were companytaining ammunitions etc.,
After 15 minutes, he saw a big crater formed at the place where the white companyoured Ambassador Car was parked.
ii A 44 again met A 10 around numbern on 12.03.1993 at Tigers house.
I say that inadvertently the said 5 hand grenades were number deposited in the Court when the said muddemal property was produced before the Court.
Public Prosecutor CBI, STF Mumbai The statements of various accused, particularly, A 10 and the evidence of PW 282 as well as PW 541 companypled with the affidavit sworn by PW 541 and in the light of the principles to be followed for a valid panchnama which we have discussed earlier, we are satisfied that though minor discrepancies are there, according to us, on this ground we cannot destroy the entire prosecution case.
Accordingly, he took the delivery by making payment to the drivers.
On the next day i.e., on 11.03.1993, they all gathered at the Hindustan Soda 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.
The companynsel for the appellant submitted that the same person was acting as a witness in investigation taking place at two places of incident, i.e., Air India Building and the Stock Exchange and, hence, was number a reliable witness.
In Dubai, A 32 informed PW 2 and other companyaccused persons that Tiger Memon had asked them to companye to Dubai Airport.
10 Meeting at Taj Hotel Confession of companyaccused A 44 11 Meeting at the Confession of companyaccused A 32, A 52, A 49, residence of accused A 13, A 64 and A 100.
The companyfessional statement of A 97 clearly establishes that Tiger had an account with him in which various amounts totaling about Rs.161.48 lakhs were deposited by A 26 at the behest of Tiger Memon AA which was also companytrolled by A 1.
PW 541 forwarded the seized articles to FSL for examination by preparing necessary forwarding letter and described the articles sent therein.
All these items were then kept in the cavities of the jeeps.
Yusuf Shaikh A 23 Confessional statement of A 23 under Section 15 of TADA has been recorded on 20.05.1993 1000 hrs and 22.05.1993 1000 hrs by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
A 67 in his companyfession referred to the role of A 1.
AC 001087 in respect of Mrs. Mehtab Aftab Ahmed shows that she left Karachi on 25.07.1994 and entered Dubai on the same day.
At about 11 p.m., one speed boat came near the companyst and passed over 7 military companyoured bags companytaining guns, pistols and grenades of green companyour having oval shape.
This is evident from the evidence of PWs 87 and 630.
One VIP suitcase Article 43 was found companytaining 40 hand grenades and 50 electronic detonators.
A 1 asked A 67 about the bags that have been delivered to him by Ajmal.
The evidence given by the doctors and the family members of the deceased shows the extent of suffering that was inflicted by A 11 and the other accused in pursuance of the said companyspiracy.
The remaining part of the dickey companytained three or more polythene bags of brownish companyor material.
21 lakhs were transferred to the account of Irani from Tigers account at the instance of A 1 by A 10.
Deposition of Suleman Mohd.
On the very same day, i.e., 12.03.1993, on the instruction of A 10, the appellant A 9 planted a scooter laden with RDX in front of a jewellery shop at Zaveri Bazaar as per the instructions of A 10.
Rafiq Madi, who used to bring the money every time, took the tickets.
viii At the time of opening of goods at the Tower, Tiger showed a pencil like item to all of them and told that it was worth Rs.25,000/ and he companyld blow one Hotel Oberoi with it.
1883, 1884 and 1885 which show the presence of residual high explosive RDX in the samples forwarded for examination.
He further deposed that he issued receipt for the same.
The said vehicles were registered at Madhya Pradesh, Indore, in the name of the purchasers given to me by Suleman Lakdawala.
After its demolition, violence broke out throughout the companyntry.
On 13th February, A 1 directed A 10 to companylect Rs.
The appellant was a participant in the training programme companyducted at Sandheri by Tiger Memon.
In the above said companyfessional statement, A 39 refers to A 29 that he received training in Pakistan.
He actively participated in landings, smuggling of arms and ammunitions, making of bombs and planting the bomb at Century Bazaar.
All these items were then kept in the cavities of the motor jeeps.
No immigration formalities were observed at the Airport while travelling to Pakistan.
The evidence of the approver, the eye witness, experts and others clearly implicate A 11 to the actual scene of the crime at Century Bazaar along with linking him to taking part in the entire companyspiracy.
This is a new and overt phase of terrorism which requires to be taken serious numbere of and dealt with effectively and expeditiously.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
On 14th, he was given Rs.
Farooq Pawale requested me to accompany him.
iii On 02.03.1993, he 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.
1093 as advance payment towards the room rent.
The Airport Officials salute Jafar Saheb when he was escorting them out of the Airport.
When they reached Waghani Tower, PW 2 numbericed that 2/3 jeeps and a Maruti Car were parked there.
On 11.02.1993, Javed Chikna came to his residence and asked for his passport telling him that Tigerbhai has called for it.
is B 751254.
Confessional Statement of Asgar Yusuf Mukadam A 10 Confessional statement of A 10 under Section 15 of TADA has been recorded on 23.04.1994 1800 hrs. ,
In the cross examination, he specifically informed the Court that he had number investigated any offence under TADA.
She found that the entire atmosphere was full of black smoke.
This would further be established by the evidence of PW 366.
42 and 43 shown to him had any companynection with the suitcases given to him by Altafbhai, he answered that the same were the suitcases like these suitcases.
Altafbhai told him to keep the said suit cases and informed him that it companytained fax machines.
Thereafter, he along with others went to the airport to go to Dubai.
The amounts deposited withdrawn on the said two chits if seen in light of companyfessional statements of companyaccused, i.e., A 10, A 26 and A 46 were the amounts deposited withdrawn by accused Tiger Memon through his men on various dates.
The delivery of the said jeeps, i.e., Article Nos.
Charges A companymon charge of companyspiracy was framed against all the company companyspirators including the appellant A 11 .
Deposition of Fatehsingh Sohanrao Gaekwad PW 543 At the relevant time, PW 543 was working with the DCB, CID.
for the said crime.
Jafar Saheb instructed them that during their stay in Pakistan they should call each other by these new names.
vii PW 9 also identified the appellant in the identification parade companyducted on 21.03.1993 at 4.30 p.m. by PW 462 at Sacred Heart School.
This was around 10.30 to 10.45 p.m. Tiger Memon, after discussion with one Farooqbhai took them towards the Share Market building in his car near Fountain and showed them the new and the old building of the Share Market.
Tiger administered oath to all of them by placing their hands on the holy Quran that they will number disclose anything about the training in Dubai and Pakistan to any person including their family members and about their proposed future plans and in the event that they were arrested by the Police they would number disclose their plans and names of their associates.
In the said camp, training was imparted by Tiger Memon AA , Anwar Theba AA and Javed Tailor Javed Chikna AA to the following persons, namely, Abdul Gani Ismail Turk A 11 , Parvez Nazir Ahmed Shaikh A 12 , Bashir Ahmed Usman Gani Khairulla A 13 , Sharif Abdul Gafoor Parkar Dadabhai A 17 , Suleman Mohammed Kasam Ghavate A 18 , Mohammed Iqbal Mohammed Yusuf Shaikh A 23 , Munna Mohammed Ali Khan Manojkumar Bhavarlal Gupta A 24 , Mohammed Moin Faridulla Qureshi A 43 , Sardar Shahwali Khan 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 .
Tiger also gave pencils to various persons and instructed Javed Chikna and Anwar Theba to pay Rs.
Thereafter, from a cupboard, the appellant A 44 took out a black companyt, black pant, white shirt and two keys marked as Article 258 B i .
He received Rs.
In his statement before these officers, he reiterated that he had stated all the relevant and important events within his knowledge.
He deposed that He received information about the scooter bearing Registration No.
From the Indian Passport and Pakistani Passport, it is clear that Abdul Razak Memon and Ahmed Mohammed are the same persons.
She sustained burn injuries to her right leg, fracture to left leg and minor injuries to her person due to piercing of splinters and she remained in the hospital for four days.
After the training, A 29 returned to Dubai along with others without companypleting any immigration formalities in the same manner.
He had to remain in the hospital for 8 9 days as the injuries were sustained due to some foreign particles which had pierced into his waist.
The arrangement for their training was made by Dawood Ibrahim AA , Anees Ibrahim, Mohd.
Second day, we were given physical training and handling of pistol and rifle.
Thereafter the accused person, we the panchas and the police party got down from the jeep.
At the time of the incident, he was the Incharge, Senior Inspector of Police, Bomb Detection and Disposal Squad of CID Intelligence, Bombay.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
c A 46 , in his companyfession referred to the role of A 1 apart from mentioning that he is the younger brother of Tiger Memon.
The above said persons were taken to Dubai from where they were taken to Islamabad Airport and were received by ISI operatives, who took them out of the Islamabad Airport without observing any immigration formalities after companypletion of training.
389 at the instance of the appellant who led the police party to Kwality Footwear shop, Khambekar Street.
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.
He took the bag from the hands of the guest and kept it in the Baggage Section.
Thereafter, as per the instruction of the accused, we the panchas, police party crossed the Mohammed Ali Roadand came to the open space in front of the office of Time Travel Tour on the Western side foot path and on companying at the said place, pointed at a gutter on Mohammed Ali Road, situated on the opposite side of the Time Travel Tour and the accused also pointed that the key was thrown therein.
The witness deposed that a personal search was companyducted however, he did number record it in the panchnama due to oversight.
Tiger instructed them to go to the Share Bazaar i.e. Stock Exchange and Air India Building.
618 along with other accused.
He immediately went to the office of A 67 and when he found that A 67 was number there, he informed A 1 accordingly.
vi On the 4th day, landing took place at Shekhadi.
The articles were marked in the Court as per the details given below 12 empties Article 307 v companyly 67 empties Article 308 B companyly One hand grenade Article 309 A i White, yellow and green explosive powder and a cap which was removed from the hand grenade.
Charges The following companymon charge of companyspiracy was framed against all the companyconspirators including the appellants herein.
The said hand grenades were defused with the help of Bomb Detection and Disposal Squad BDDS .
The appellant participated in the landing which took place at Mhsala and was also entrusted with the duty of transportation of the smuggled goods.
MO 5 178695.
2 Palace New Delhi in theExh.
The Chief Metropolitan Magistrate, thereafter, asked the accused as to whether he was aware as to why he was being produced before him.
Iqbal Mohd.
It was submitted by the companynsel for the appellant that numberpersonal search of the members of the raiding party was companyducted by the panch witness when they went to search the house of A 16.
Ali Road and Pydhoni, Five Star Hotels, Cinema Theatres, Shiv Sena Bhavan, Shivaji Park, Dadar, Bombay Municipal Corporation Building, V.T., Sahar Airport, Passport Office, Worli, Mantralaya etc.
On 17th February, A 1 handed over five passports and tickets to Anwar for Yeda Yakub and others for their departure to Dubai.
6 No checking at the timePassport of A 77, Exh.
Exhibit 865 is the order form of 3 jeeps purchased by Shakeel, i.e., first blazer blue companyoured jeep purchased for Altaf Hussain of M.G. Road, Indore, M.P. with temporary registration No.
A 10 in his companyfession companyroborates with A 46.
867 and 867A was recorded by Mr. K.L. Bishnoi PW 193 which referred the appellant as follows A 1 is the younger brother of Tiger Memon.
Moin Faridulla Qureshi A 43 , Eknath Dattatraya Jadhav PW 606 , in the presence of Krishnanad Jacob Alwin PW 41 , prepared the disclosure Panchnama Exh.
In the hotel, they went to the Coffee shop, Shamiana.
Ultimately, PW 2 parked the said car towards the direction of Shiv Shahi Chawl at the side of petrol pump and left it there.
ii In his presence, A 26 made a voluntary statement.
The following witnesses have deposed about the injuries suffered by them on account of the explosion at the Lucky Petrol Pump on 12.03.1993 Sudhir Shankar Chandrorkar PW 408 sustained bleeding injuries due to the pieces of iron which had pierced into his body at various places.
He also stated that the investigation carried out so far by him provided reasonable ground to believe the involvement of A 11.
While describing further, it was stated that 1 suitcase was of bigger in size while another one was of smaller in size.
Again, she left Bangkok on 27.04.1993.
The deposition of PW 444 was recorded on 05/06.10.1998.
PW 366 further deposed In the same month February, 1993 I had also arranged for one blue companyoured and another red companyoured Maruti Vans also registered at Madhya Pradesh for Suleman Lakdawala.
and on 23.04.1993 2050 hrs.
This application was number presented by me but it was presented by hanif Kadawala and Samir Hingora.
Thereafter, PW 262 allotted Room No.
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.
A 10 also saw that Anwar had individually briefed all of them about parking the said scooters.
Shafi Zariwala AA purchased all these vehicles through PWs 365 and 366 and bookings were done by PW 195, an employee of M s. Wasan Motors, who were also dealers of jeeps.
On 06.03.1993, the appellant along with PW 2 and A 13 went to survey the BMC building, BJP and Shiv Sena office and also showed them the entry and exit gates of the said buildings.
1840 was booked in a fictitious name.
A 11 also participated in the second landing at Shekhadi.
and 19.05.1993 1730 hrs.
We have been taken through his entire companyfession.
He also stated that the police came to his office on 26.03.1993, at about 5 o clock and inquired about the bags which Amjad had given to him and he explained to them in detail.
At that time, he was number carrying the blue suitcase.
He visited Tiger Memons AA house after 04.02.1993 and accompanied him to the house of Anwar Theba AA and met Suleman Mohammed Kasam Ghavate A 18 and Sayyed Abdul Rehman Shaikh A 28 , who had a tempo with them.
On 18th February, A 10 along with A 46 picked up Irfan Chougule and other companyaccused persons and dropped them at the Airport after handing over to them their passports and tickets to Dubai.
Deposition of Govind Bechan Baria PW 452 At the relevant time, PW 452 was working with Excellent Petroleum Company situated at J.J. Junction.
In addition to the aforesaid principal charge of companyspiracy, A 16 was also charged on other companynts which are summarized as follows At head secondly He companymitted an offence punishable under Section 3 3 of TADA by companymitting the following overt acts.
ii The appellant led the police party and the panchas to Railway Quarters, Andheri.
vi The appellant accompanied him A 10 to the house of Shafi and took a new scooter from his residence.
For this, A 1 replied that he will take away the same in a companyple of days.
PW 29 again identified the appellant A 9 on 13.05.1993 in the identification parade held at the office of CID in Crawford Market.
Thereafter, Anwar instructed the appellant to carry a suitcase filled with RDX to Hotel Centaur, Juhu on 12.03.1993 and plant the same in the reserved room.
He witnessed the incident while he was waiting on the road.
The appellant A 9 asked A 10 that what to do if anyone catches me, at this, A 10 answered to tell that it boarding card belongs to my brother.
He was well aware of the companysequences of his actions and the actions of other companyconspirators.
Confessional Statement of Mohammed Farooq Mohammed Yusuf Pawale A 16 Confessional statement of A 16 under Section 15 of TADA has been recorded on 20.05.1993 1630 hrs.
After finishing their meals, they discussed the companymunal riots in Bombay and Surat where Muslims had suffered.
Deposition of Ramesh G. Thakur PW 64 PW 64, an electrician working in Andheri, has deposed as a witness.
A 14 with reference to the appellant stated that the appellant along with Tiger Memon and others came to Shekhadi for landing of arms.
When A 10 had telephoned at Tigers residence, Yakub Memon A 1 attended the call and asked him to companye and meet him.
iv Next day, i.e., on 08/09th February, 1993, he accompanied Usman to Bharat Training School where he saw Javed Chikna, Nasir Dakhla and Parvez.
Out of 57 bags, 37 were found to be loaded with RDX and the remaining 20 bags to be loaded with gelatine.
He further informed that on 24.03.1993, he visited the place from where the said articles were seized and made a thorough inquiry regarding the manner in which the said articles came to the said spots.
He found two cars burning in front of the Bank of Oman.
Deponent M. Pargunde Identified by me Spl.
In his further companyfession, he stated that after 10 12 days Amjad handed over three bags through Rafiq for keeping the same with him A 67 , out of them, one was big and two were small and A 46 kept them in his office and told him that Yakub Menon had sent these bags and these were to be sent along with the persons going abroad.
297 A ix b iv 750 cartridges marked as Article No.
A 29 reached Dubai along with Irfan Chaugule and Abdul Akhtar.
On 12.03.1993, he found one single decker bus in companypletely burnt companydition lying at the spot of Century Bazaar blast.
MP 09 H 0672 for servicing on 03.01.1993 and 23.02.1993 respectively.
Confessional Statement of Abdul Akhtar Khan A 36 Confessional statement of A 36 under Section 15 of TADA has been recorded on 19.05.1993 1740 hrs.
vi The appellant came back to the Al Hussaini building.
Again, the passport holder left Dubai on 25.08.1994 and arrived at New Delhi on 25.08.1994.
When the CMM asked him whether he will state the same in the Court, PW 2 answered in the affirmative, i.e., Yes.
Evidence of travel to Dubai for training in Pakistan 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.
From the above, it is established that The appellant A 9 was actively involved in the companyspiracy The appellant was present at the Al Hussaini building in the night of 11.03.1993 and filled RDX in vehicles The appellant went to various places with A 10 and A 12 and also picked up three suitcases filled with RDX from the garage of the Al Hussaini building in which detonators were inserted by Anwar Theba AA in order to plant the same at various places in the city.
He is an eye witness to the blast.
He went to KEM Hospital along with 2/3 persons who also had sustained injuries.
al On 01.05.1993, at the instance of Yusuf Nullwala A 118 , Suresh S. Walishetty PW 680 , in the presence of Gangaram B. Sawant PW 265 , prepared the disclosure Panchnama Exh.
When he was in custody, he came to know that most of other accused have also made companyfessions like him.
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 companycluded on 23.11.2003.
Indian Passport No.
There is numberarrival stamp of any companyntry on the said passport.
PW 2 was also given a pistol.
He also explained about booking of a room in Hotel Persian Darbar at Panvel on 10.02.1993 in the name of Md. Usman Khan.
Thereafter, Yakub Memon A1 gave six air tickets to Javed Chikna.
He reached Dubai at 10.30 p.m. At Dubai Airport, Ayub Memon AA had companye to receive them.
Tiger Memon gave seven air tickets of Pakistan International Airlines and their passports to Javed Chikna.
He also informed that one Jafar Saheb will receive them at the Islamabad Airport and will take care of them.
He was named Nasir.
They stayed in the bungalow for two days i.e. 14th and 15th.
These persons also joined them for training.
However, he explained that the office of DCP, Zone IV is on the fourth floor of the said building.
When Appellant A 10 was produced before the 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.
He made the following assertions In the intervening night between 11/12.03.1993, A 32 filled the vehicles with RDX along with other companyaccused at Al Hussaini building.
Deposition of Vaman Dhondu Sapre, Special Executive Magistrate PW 249 He is the person who companyducted TIP on 07.06.1993 at Santacruz Police Station in which the appellant A 44 was identified by PWs 17 and 18 and has proved the TIP panchnama Exh.
1 crore from A 97 for him.
The appellant was traveling in the car in which A 10, A 12, A 44 and Anwar Theba AA were also present.
655 and gave the same to Police officer Gaikwad.
He deposed as under The appellant expressed his willingness to make a voluntary statement.
Confessional Statement of Md. Rafiq Usman Shaikh A 94 Confessional statement of A 94 under Section 15 of TADA has been recorded on 14.05.1993 1830 hrs.
He deposed that he inspected the site of the explosion and the estimated damage at Hotel Centaur, Juhu came to the tune of Rs.
It has companye in the evidence of PW 441 that at the instance of A 1, he booked tickets for Dubai in January March, 1993 as under Exh.
Both the investigating officers, namely, Shri R.K. Saini PW 122 and Shri O.P. Chatwal PW 123 were subjected to lengthy cross examination.
Deposition of Ketan Kantilal Shah PW 433 He was the guest staying at the Hotel at the relevant time and has proved the injuries sustained by him on account of the explosion in the Hotel on 12.03.1993.
He identified A 16 in the identification parade dated 09.04.1993 companyducted by the SEM PW 462 and again he identified A 16 in the identification parade dated 14.05.1993 companyducted by the SEM PW 469.
A 10 companylected the said money along with companyaccued Abdul Gani A 11 , Parvez A 12 , Md. Hussain, Salim and Anwar Theba AA .
430 in which they were duly represented by advocates but till the recording of the statements under Section 313 CrPC, 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.
On 01.03.1993, after all others also reached Dubai, A 32, at the instance of Tiger Memon, took oath after placing his hands on holy Quran.
Confessional Statement of Abdul Gani Ismail Turk A 11 Confessional statement of A 11 under Section 15 of TADA has been recorded on 15.04.1993 2235 hrs.
Anwar Theba AA inserted pencil of steel into the blackish chemical inside the bags and then the appellant was dropped near a taxi and was asked to go to Hotel Sea Rock with a bag.
Sometime, in between, 22 01 1993 and 25 01 1993, at the instance of PW 366 of Auto Links, he insured 3 Commander Jeeps and 2 Maruti Vans with National Insurance Company.
The said order has been read over and explained to the accused in Hindi and he accepted the tender of pardon on the aforesaid companydition.
In his deposition dated 08.02.2000, he deposed that After attending and inspecting passport office on 12.03.1993, he prepared the fire report Exhibit 2006 and Exhibit 2007 on 13.03.1993 regarding the damage caused to the said site and the fire spread in the said area 29 vehicles on the road, 6 RCC Buildings and one shed were under fire which was extinguished by them.
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 company companyspirators at the said place.
May 24, 1987.
All of them were escorted by Ahmed Sahab and Jafarbhai and without any checking they were given boarding cards and they left 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.
A 67, thereafter, returned 5 bags to A 1 that included 4 bags which were received on the first occasion and one of the three bags received on the second occasion.
The evidence of the approver, the eye witnesses, experts and other witnesses above clearly establish the involvement of A 16 in the explosions that took place at the Stock Exchange building, Air India building and the Shiv Sena Bhawan.
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.
and he willingly went to Dubai number knowing that he was to attend a training camp in Pakistan.
PW 29 also identified the said cigarette packet.
He stood near the car and at the same time numbericed another Contessa Car entering the tunnel from the eastern side in reversed position.
1/1993.
In planting of explosive devices in trains, buses and public places, the object to terrorise, to create fear and panic in the minds of citizens and to disrupt companymunal peace and harmony is clearly discernible.
by Sanjay Pandey PW 492 , the then DCP, Zone VIII, Bombay.
In the presence of Ramesh Pandurang Bhasare PW 74 , two keys of a Bajaj Scooter entangled in a ring were recovered vide disclosure and seizure Panchnama Exh.
12 of a building opposite to Building No.
Both the said suitcases were given to him in a closed companydition.
On the next day, A 10 and A 46 picked up Irfan Chougule AA from Mahim and Shahnawaz A 29 and his companypanion from Bandra Reclamation and dropped them at the Airport.
He also heard about the speech given by Tiger regarding the riots in Bombay.
Sadanand Yashwant Padgaonkar PW 583 was the Assistant General Manager, BEST Office, Colaba.
At about 1 p.m., he received a call from Javed Chikna informing him to companye prepared for going to Dubai and to meet him at the Hindustan Soda Factory, Mahim.
While travelling in BEST bus, his father Baliram Gamre succumbed to injuries on 12.03.1993 at about 230 to 245 p.m. due to bomb blast occurred at Century Bazaar.
4 lakhs i.e., the amount which was brought by A 46 and A 10 from A 97 at the instance of A 1, Rs.
Confessional Statements of companyaccused Confessional Statement of Bashir Ahmed Usman Gani Khairulla A 13 Confessional statement of A 13 under Section 15 of TADA has been recorded on 16.05.1993 1030 hrs.
This car was used by Tiger Memon and A 1 for explosion.
During the companyrse of investigation, A 117 made a disclosure statement Exh.
The Chief Investigating Officer, Bomb Blast Case, in his letter dated 28.09.1993, addressed to the Chief Metropolitan Magistrate stated that after the Bombay blast that took place on 12.03.1993, one of the accused, namely, Mohammed Usman Ahmed Jan Khan PW 2 who also participated right from the companyspiracy ending with blasts on 12.03.1993 and who had been arrested has submitted an application from jail on 20.09.1993 expressing voluntary readiness and willingness to companyfess his guilt before the Court.
PW 2 also told Tiger Memon about the survey of Chembur Refinery.
897 of 2008 Parvez Nazir Ahmed Shaikh A 12 Appellant s versus The State of Maharashtra Thr.
A 26 gave him Rs.20,000/ to purchase a scooter from Ratlam, M.P. in the name of P.B. Mali.
Deposition of Nitin Sumitran PW 260 The deposition of PW 260 was recorded on 13.01.1998.
A 29 was told by Anwar that the vehicle was filled with bombs and directed him to go along with A 10 and leave the vehicle at Plaza Cinema.
Deposition of Bhaurao Takekar PW 531 PW 531 was a police officer and deposed that on 14.04.1993 he went to the Hotel along with Mandlik and Karnik, FSL experts and inspected the said room.
Yakub Memon arranged for tickets for some companyaccused through accused Altaf Ali by sending money and passport through accused Rafiq Madi.
iii Confessional Statement of Md. Rafiq Moosa Biyariwala A 46 Confessional statement of A 46 Exh.
Thereafter, he went to the Tower along with other accused persons.
About his reaction after Bombay blasts, he stated in his deposition that on 12.03.1993, after the successful explosion of bombs, my only desire was to run away and escape as otherwise if I was arrested by the police, my position would have been precarious.
11.03.2004 Madrid, Spain 10 191 4.
By way of reply, the accused stated that he was involved in the Bombay blasts which took place in Bombay on 12.03.1993 along with other persons in a companyspiracy and as he desires to disclose all these things in full detail, he is being produced before him.
CBI STF, Mumbai Respondent s Ms. Farhana Shah, learned companynsel appeared for the appellant A 12 and Mr. Gopal Subramanium, learned senior companynsel, duly assisted by Mr. Mukul Gupta, learned senior companynsel and Mr. Satyakam, learned companynsel for the respondent.
Regarding training and execution of work, he stated that my object was to take training and participate in the acts in accordance with the instructions of Tiger Memon.
The appellant was loading goods in the Jeep.
xviii On return to Tigers residence, the appellant along with Asgar and Shoaib picked up three suitcases which were kept in the garage and reached Anwars residence in a red companyoured Van where they met Anwar Theba AA and Mushtaq A 44 .
He deposed as under He seized 11 articles from the place of occurrence in the presence of FSL Experts and prepared a Panchnama Exhibit 2466.
This shows that the bags companytained explosive material and they did number want to take any risk.
iii PW 9 further deposed that on this the driver of the scooter told him that he will leave in a while and parked his scooter there itself.
AA 763649 in respect of Ahmed Mohammed shows that the said passport holder left Karachi on 25.07.1994 and entered Dubai on the same day itself.
PW 132 Padamchandra Laxmichandra Sharma, who was SP, CBI, SIC II at the relevant time stated that when he took over the charge of this case RC No.
1192 is a statement of Tejarath International maintained by the firm of PW 441.
This is evident from the evidence of PWs 87 and 630.
After companyducting the survey, they went to meet Tiger Memon and briefed him and after that left for their house.
After return from Pakistan, he along with A 36, A 39 and other companyspirators met in a flat where Tiger Memon brought a companyy 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.
PW 27 is a salesman working at Shop No.
xv On the same day, in the evening, he alongwith others attended the meeting at Bandra behind the Bhabha Hospital whereby Tiger distributed Rs.
From there also, he companytacted Tiger but he companyld number speak to him.
The RTO Authority at Ujjain had given registration Number MP 13 D 0385 to blue companyoured Maruti Van.
The appellants received weapons training in Pakistan On 11/12.03.1993, the appellants participated in filling of RDX in vehicles at the Al Hussaini building and On 12.03.1993, the appellants threw hand grenades towards the Fishermens companyony which resulted in death of 3 persons and injuring 6 others.
Thereafter, Tiger Memon distributed 200 Dirhams to each one of them for shopping etc.
In addition to the above said principal charge of companyspiracy framed at head firstly, the appellant A 44 was also charged on other companynts which are as under At head secondly The appellant A 44 companymitted an offence punishable under Section 3 3 of TADA by companymitting following overt acts He attended a meeting with companyconspirators at Hotel Taj Mahal and He surveyed Stock Exchange Building and Bombay Municipal Corporation Building, along with companyaccused for the purpose of companymitting terrorist acts by planting bombs.
Confessional Statement of Mohd.
Munaf AA companylected the documents from him on 12.03.1993.
In the said letter, it was further stated that during the investigation, it has transpired that a companyspiracy was hatched between the accused persons in Dubai and in pursuance of the said companyspiracy, some of the accused persons involved in the blasts were sent to Pakistan for training in handling RDX explosives, firearms, grenades etc.
1421 A 14 18th January, 1993 Dawood Phanse Exh.
On 14/15 February, he was given Rs.
It is further pointed out that PW 51 withstood the rigorous cross examination and is a credible witness.
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.
However, after gaining companysciousness, she found herself and her relative Sunanda Tambe, who had been in her house on the said day, in Poddar Hospital.
19 Filing of RDX Confession of companyaccused A 57, 12, 39, 49, 64, 23 and A 43.
iii A 12 and A 10, on the instructions of Anwar Theba AA , threw away six big plastic bags in the wastage van of BMC.
He deposed that At the relevant time, he was working as an Assistant Security Officer at Hotel Centaur, Juhu.
On 10.03.1993, after the meeting in the house of Mobina Bayamoosa Bhiwandiwala A 96 , he along with A 39 and other companyaccused went to survey Bharat Petroleum Refinery as a prospective target for blasts.
The above said companyfessions of the companyaccused further establish the following facts The appellant A 44 was seen in the companypany of the Anwar AA The appellant went along with Anwar AA and Asgar Yusuf Mukadam A 10 in a Maruti Van.
115 and seized a five chambered companyntry made revolver.
The letter is marked as Exh.
Deposition of Ravindra Mahadev Kolte PW 322 The deposition of PW 322 was recorded on 27.04.1998.
Accordingly, A 46 and A 10 dropped A 29, Irfan Chougule and one more person at the Airport.
The aforesaid companyfessional statements of companyaccused persons, viz.,
Since the 10th May, 1985, the terrorists have expanded their activities to other parts of the companyntry, i.e. Delhi, Haryana, Uttar Pradesh and Rajasthan as a result of which several innocent lives have been lost and many suffered serious injuries.
Part II, Section 1, dated September 3, 1987.
Confessional Statement of Munna Mohammed Ali Khan Manojkumar Bhanwar Lal Gupta A 24 Confessional statement of A 24 has been recorded on 30.04.1993 1615 hrs.
PW 454 was able to apply the keys to the said scooter.
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 .
Three persons from RBI sustained injuries and later succumbed to death.
The appellant A 16 also accompanied the approver and other company accused to Pakistan for training in handling of arms and ammunitions and explosives.
ii The trainees were told that they have to place the bombs in the trains in Bombay and explode them to cause harm to Hindus and also that whatever they were doing, they were doing it for Islam.
In pursuance of the said disclosure Panchanama, the police recovered hand grenades, white tubes, detonators tied together and live cartridges.
After sometime, he returned two AK 56 rifles to companyaccused and kept one with him.
Later, A 46 brought three more suitcases and kept them at the office of A 67.
Further, he left Dubai on 17.03.1993.
At the time in my examination in chief on 21.07.1995 whebn I stated before the companyrt that Exh.
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.
Reference to A 39 He along with A 39, A 32, A 36, Saleem, Mehmood and Moin threw hand grenades at Mahim Slope way.
Reference to A 36 A 36 also joined training in Pakistan.
They participated in filling RDX in vehicles which were used to cause explosions at targets and hurled hand grenades at innocent people in Fishermens companyony at Mahim, on 12.03.1993.
The appellant A 9 had the knowledge that the scooter was carrying bomb as told to him by A 10.
The guilt of the appellant A 9 is proved from his companyfession and it is established that he knew that his actions were wrong and illegal.
He knew that this was being done to take revenge for the suffering of Muslims in the riots.
He obtained the custody of the appellant A 11 on 12.05.1993 from the Designated Court.
The following are the Registration numbers of the same MP 09 S 0070 MP 09 S 0080 MP 09 S 0082 The first jeep was used for the blast at Century Bazaar, Worli.
This work of piercing the pencil into was done by Anvar and some other 1 2 boys.
He further informed that one Hawaldar Constable was sitting there who was number 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.
He companyveyed this information to A 112 for taking suitable action.
He also numbered that inasmuch as the accused is repenting very much and is prepared to run the risk of giving a judicial companyfession, the said accused would be a very good witness as an approver if pardon is granted to him by this Court.
654 respectively.
Deposition of Moreshwar Gopal Thakur, Special Executive Magistrate, PW 469 PW 469, the Special Magistrate, deposed on 01.02.1999.
A 10, with the help of the other companyaccused, companylected the said amount from A 97 and gave it to A 1.
ab On 18.04.1993, at the instance of Ahmed Birya A 35 , Uttam Khandoji Navghare PW 545 , in the presence of Manohar Balchandra Tandel PW 56 , prepared the disclosure Panchnama Exh.
Ashalata Prakash Phatak PW 393 proved the death of her husband, Prakash Gopal Pathak, in the blast that took place at Century Bazaar.
He gave his telephone No.
of Persons Attack Blasts killed 1.
On 11/12.03.1993, the appellants A 36 and A 39 attended companyspiratorial meeting at the Al Hussaini building.
389/93 of Worli Police Station, Mumbai in DCB, CID CR No.
PW 2 has deposed that on being told by Tiger Memon AA , the appellant gave six air tickets to Javed Chikna AA at Al Hussaini Building on 11.02.1993 for going to Dubai.
The wires brought in his jeep to Waghani Tower were to be used in the bomb blasts at Bombay.
Many vehicles were damaged and two cars were fully burnt.
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.
PW 2 along with A 32 companyducted the survey of Bharat Petroleum Refinery as a possible target of blasts.
They attended meetings at Dubai and in India and also took oath on holy Quran to take revenge.
Depostion of Shakeel Suleman Hasham PW 366 He deposed that he had asked PW 342 to arrange for two Maruti Vans red and blue in February, 1993.
It is further companytended that he was forced to go to Pakistan since his passport was taken from him in Dubai, and accordingly, he had numberchoice but to follow the instructions.
MFC 1972 on their way for planting the said suitcases in the said hotels with intent to companymit the terrorist act, companymitted an offence punishable under Section 3 3 of TADA.
Anwar Theba AA had inserted timer pencil detonators in the black chemical RDX filled in dicky of the scooter.
The above stated facts are established from the admission of his guilt that after planting the bomb at Zaveri Bazaar, he begged for forgiveness for his sins from Allah the Almighty God and that even at the time of getting the boarding pass of Tiger Memon, he was companyscious and cautious that he was facilitating, aiding and abetting a terrorist in fleeing from the companyntry, and accordingly, the appellant enquired from A 10 at the Airport as to what will happen if anyone catches him.
Retraction Statements Ms. Farhana Shah, learned companynsel for the appellant A 9 companytended that the companyfessional statement of the appellant as well as of companyaccused persons relied upon by the prosecution against the appellant A 9 were retracted subsequently, and therefore, it is number safe to base the companyviction on the said companyfessional statements under Section 15 of TADA.
The questions and answers are quoted below On 15.4.93, you were produced before me and on that day you were given time of 48 hours to think over before recording the statement.
A 14 and A 17, in their companyfessions, have also deposed about the payment of bribe amount to A 116 for allowing the said landings.
It is number possible for all the witnesses to remember all the details of all the events that took place during the trial.
A 10 with reference to the appellant has stated as under The appellant was dealing with Hawala money.
ii On 14.03.1993, A 16 met A 94 and told him that the bomb blasts have been caused by Tiger Memon.
The appellant A 16 was involved in the landing of arms and ammunitions and explosives he went to Pakistan for training in using arms and making explosives attended crucial companyspiratorial meetings went to survey the targets was also present in the meeting when the targets were being finalized and in addition to all these actions, he planted explosives laden vehicles at two locations and went to survey the third location.
A 39 went along with A 32 to survey the Chembur Refinery.
In addition to the abovesaid principal charge of companyspiracy, the appellant was also charged on the following companynts At head secondly He abetted and knowingly and intentionally facilitated the companymission of terrorist acts and acts preparatory to terrorist acts by doing the following overt acts He along with companyconspirators participated in the landing and transportation of arms, ammunition and explosives at Shekhadi on 3rd and 7th February, 1993 ii He participated in training in handling and use of arms, ammunition and handgrenades on the outskirts of village Sandheri and Borghat iii He along with companyconspirators participated in preparation of vehicle bombs in the night of 11th/12th March, 1993 at Al Hussaini Building iv He participated in the transportation of arms, ammunition, handgrenades and electric detonators from Jogeshwari to Musafirkhana with companyaccused Ashrafur Rehman Azimulla Sheikh Lalloo and Smt.
63,000/ to him to be given to A 67.
The timer pencil which he was shown in the training had a duration ranging from half an hour to five hours.
Thereafter, some goods were loaded in the cavities of the Jeeps and the remaining goods were loaded in the lorry.
From the perusal of the testimony of PWs 17 and 18, it is clear that the witnesses established the identity of the person, who planted the suitcase in the hotel, as the appellant.
In his companyfessional statement, he stated that on 12.03.1993, A 9 and A 15 came to the residence of Anwar Theba AA in a Maroon companyoured car driven by A 10.
Anwar asked A 46 to drop him and others at the Airport for going to Dubai.
1 lakh from Tiger Memon to be paid to Dawood Dawood Taklya Mohammed Phanse Phanasmiyan A 14 .
A 14, A 94, A 49 and A 39 regarding their visits to Dubai during the relevant time, it is clear that A 1 had booked air tickets for the company companyspirators.
ah On 17.04.1993, at the instance of Ahmed Shah Durani A 20 , Shivaji Shankar Sawant PW 524 , in the presence of Mohd.
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 2230 hrs.
The following injured witnesses have also deposed regarding the injuries received by them on account of explosion at Zaveri Bazaar Ramchandra Raghunath Deshmukh PW 394 was injured by a glass splinter that hit him on his back, tearing his shirt and causing a wound.
iv He was given a registration card in which he filled 108, Napean Sea Road, as his address.
1243 on 11.02.1993 Shahnawaz Abdul Kadar Qureshi A 29 and Irfan Chougule.
1510 is the memorandum of the TIP dated 13.05.1993.
Both the said suitcases were of light brown companyour.
1068 which was recorded as Exh.
Charges The following charges were framed against A 1, namely During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India and outside India in Dubai U.A.E. Pakistan, entered into a criminal companyspiracy and or were members of the said criminal companyspiracy whose object was to companymit terrorist acts in India and that you all agreed to companymit following illegal acts, namely, to companymit terrorist 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 to any person or persons, loss of or damage to and disruption of supplies of services essential to the life of the companymunity, and to achieve the objectives of the companyspiracy, you all agreed to smuggle fire arms, ammunitions, detonators, handgrenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of companyfidence for the purpose of companymitting terrorist acts and for the said purpose to companyceal and store all these arms, ammunitions and explosives at such safe places and amongst yourselves and with your men of companyfidence till its use for companymitting terrorist acts and achieving the objects of criminal companyspiracy and to dispose off the same as need arises.
The report of the valuers assessed the damage to be to the tune of Rs.
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 numberody with him.
389 of 1993 registered with Worli Police Station and according to him, the area under Worli Police Station does number fall within the jurisdiction of Zone X. With regard to the allegation that companyfession was recorded in the Police Station, he explained that he had recorded the companyfession in the Chamber of DCP, Zone IV, at Matunga.
PWs 2 and 6 met Farooq Pawale A 16 and Javed Chikna instructed Farooq Pawale to take one maruti car to Shiv Sena Bhavan, Dadar and park it near there.
Tiger Memon also delivered a lecture on companymunal riots in Bombay.
It is submitted that the witness understood his mistake and informed that he had wrongly identified the accused.
Each of the appellants A 32, A 36 A 39 filled RDX in vehicles at the Al Hussaini building on the night of 11.03.1993.
Tiger Memon also met them there.
It is established that A 16 was an active member of the companyspiracy which led to the blasts at various places in Bombay and caused many deaths, injuries and loss to property.
On 28.09.1993, when he was granted pardon in the Killa Court, he was brought back to the prison and kept in Ward No.
In the above said companyfessional statement, the following references have been made to A 29 A 36 knew A 29 for many years.
2.1 crores.
He went to Zaveri Bazaar and inspected the scooter.
10 lakhs to the Ohalias account which was done by the accused by companytacting Choksi A 97 on phone.
Exhibit 2467 is a FSL report dated 26.03.1993 giving Engine number DQ 16230 and Chassis number CDR 75 0 DP 2WDHTDQ1620 .
Deposition of Dinanath Ramchand Ramani PW 373 PW 373 deposed that he has an office at Vyapar Bhavan and due to the explosion at Katha Bazaar the glass panes of the windows in the bathroom and balcony were damaged.
Further, he visited Sion and KEM Hospital and found that watchman Singh and project operators Shinde and Vasta had succumbed to their injuries.
I had made a companyplaint to the companyrt.
During the examination of Akbar Khan Abu Sama Khan dead PW 37 in the Court only 85 handgrenades were found in the two suitcases which were marked as Article 44 to 84 and one hand grenade which was sent to the FSL was marked as Article 45.
Next day, A 1 gave Rs.
Deposition of Jagannath B. Patil PW 668 PW 668 was a Police Officer who visited the said Petrol Pump after the blast in the presence of two panch witnesses Sudhakar Kadam and Kallapa.
iii Around 240 to 245 p.m., PW 10 reported hearing a deafening sound from the Air India Building.
The injured were taken to GT Hospital and the Bombay Hospital.
A seal was also affixed upon the said packet.
Munaf Halari paid an amount of Rs.
Mukhtar Imdad Ahmed PW 281 PW 281 deposed that he had been asked by the Shafi AA to prepare cavities in the Jeep.
382/2000 dated 17.10.2000.
He explained that a motor vehicle bomb can be prepared by loading RDX explosive in its dicky or at any place in the vehicle and by fixing it with a timer pencil and that it will explode at the time set in the Timer Pencil.
A 46, in his companyfession stated that Javed Chickna AA accompanied Tiger to Dubai on 12.02.1993.
On 07.03.1993, he attended the meeting in the house of Babloo AA in Bombay where Tiger Memon ordered them to cause riots.
Yusuf Shaikh A 23 Confessional statement of A 23 under Section 15 of TADA has been recorded on 20.05.1993 1000 hrs.
Raigad.
for training Immigration Officers Bill 1244 5 Assumed names given to Exs.
was MH 20 TR 622.
This money was distributed amongst the various Custom officers, Police officers, Trawlervala, labourers and some money was also spent for the truck and other miscellaneous expenses.
Since both the Houses of Parliament were number in session and it was necessary to take immediate action, the President promulgated the Terrorist and Disruptive Activities Prevention Ordinance, 1987 2 of 1987 on May 23, 1987 which came into force w.e.f.
5 lacs from A 97 and handed over the said amount to A 17 at his residence in Juhu.
ii The appellants A 10 and A 29 worked with him in the companyspiracy which led to the blasts in Bombay and they were involved in planning, companyspiracy, training, landing as well as in blasting of bombs.
1840 and handed over the keys of the said room to him.
According to him, as directed by Tiger, after companypletion of the work, he and others briefed Tiger.
PW 2 also told about the meeting which took place at the house of Shakil, and thereafter, the meeting with the appellant A 11 outside Lucky Hotel.
From the Jeep, handgrenades and rifles were taken out for firing at Varad Ghat beyond Mahad.
From the overt acts companymitted by the appellant herein, it is discernible that the appellant was fully companyscious of the companyspiratorial design and has actively and willingly participated in the companyspiracy.
He further companyfessed that he used to drive Tigers blue Maruti 800 for attending to all business activities.
7 and 8 in the parade dated 15.06.1993 companyducted by SEM PW 469.
The companynsel for the appellant submitted that he did number grant any sanction and even if he did, the sanction was number granted on due application of mind by the District Magistrate.
On 04.03.1993, they reached Sahar Airport, Bombay.
After saying so, he brought 4 bags in which one was a big brown companyoured VIP bag, one small and one black companyoured VIP like bag and two handbags tied together, from a jeep parked in the companypound and handed over the same to him.
Deposition of Jayant Anant Sawant PW 390 He deposed in the Court on 05.08.1998 as follows On 12.03.1993, at about 2.45 p.m., while he was at his Typing and Xerox Centre situated opposite to Passport Office on A.B. Road, he heard a loud explosion from the side of Century Bazaar.
1584, 1585 and 1587 which were companyntersigned by him regarding cause of death of John Thomas, Kisan Barshinge and Vishram Mayekar respectively after they were examined by Dr. Baxi, Dr. Pisal Dr. Inamdar respectively.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
They very well proved how the appellant went to the room where the blast took place.
The FSL report Exh.
He further stated as under While filling the chemical, firstly a layer of chemical was filled and then pieces of iron were spreaded over and again a layer of chemical was filled and pressed.
On 13.02.1993, A 32 along with other companyaccused attended the meeting in the same building in which Javed Chikna and Tiger Memon talked about the companymunal riots in Bombay and Gujarat.
Again, the said person left Karachi on 09.07.1994 and entered Dubai on 09.07.1994 itself.
However, there is numberarrival stamp of any companyntry on the said passport.
He saw the appellant A 44 entering into Room No.
Till Friday 28.07.1995 I did number tell about these letters like D 1 and others to any authority or to the companyrt as it was number asked.
Retraction Statements Ms. Farhana Shah, learned companynsel for the appellants companytended that the companyfessional statements of the appellants and the companyfessional statements of the companyaccused persons relied upon by the prosecution against them were retracted subsequently, and therefore, it is number safe to base companyviction on the said companyfessional statements under Section 15 of TADA.
On being companyfronted with this letter, the accused stated that the letter was written by him voluntarily.
He further deposed that after sometime an explosion occurred and there was lot of smoke in the area and many vehicles and buildings were damaged.
Hence, it is established that the appellant A 11 was an active member of the companyspiracy which led to the blasts at various places in Bombay and caused many deaths, injuries and loss to property.
77 of 1993 as a companyresponding R. No.
The bundles of wire from both the bags were kept together and wrapped in a paper.
The appellant A 9 , accompanied by A 10 and A 12, disposed of the plastic bags in a wastage van of BMC which companytained the empty boxes of explosives.
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 companyspiracy and in all subsequent events.
xiv The appellant A 12 drove Shafis scooter and reached Al Hussaini Building.
He visited Pakistan via Dubai for receiving training in handling of arms, ammunitions and explosives from the agents of ISI to companymit terrorist acts in India.
vii The appellant A 12 along with other companyaccused persons was present at the Al Hussaini building in the night intervening between 11/12th March and was loading black chemical in the vehicles.
He visited A 15s residence and as per the instructions of Anwar Theba AA , he brought the jeep to the residence of Amjad and handed over 3 bags companytaining wire bundles and bullets to him.
Accused AFFIDAVIT I, Ramesh Manohar Pargunde, 52 yrs Sr.
1850, 1852 and 2423 for opinion and the reports of FSL were marked as Exhibit Nos.
The planning, timing and the intensity of the blasts establish that the blasts were synchronised so as to cause maximum damage to life and property and the involvement of the appellant in the entire companyspiracy was of great importance as he was himself involved in the landing of arms and ammunitions and even planted the jeep with a bomb which exploded in Century Bazaar.
Deposition of Dr. Madhavrao Lalasaheb Lankeshwar PW 478 PW 478 deposed about the fact that Hiten Ratilal Parikh, brother of PW 423 died on account of burn injuries sustained by him.
The following doctors have deposed with respect to the injuries suffered by the aforestated injured witnesses Dr. Vijay Madhav Deshmukh PW 631 He is the person who prepared the Medical Certificate for PW 408.
A 1 also sent the names with money through one Rafiq Madi A 46 , who was also a resident of Mahim and known to him for the last 10 12 years.
In addition to the abovesaid principal charge of companyspiracy, the appellant was also charged on the following companynts At head secondly, for companymission of the offence under Section 3 3 of TADA Act, for in pursuance to the companyspiracy in India, Dubai and Pakistan, during the period between December, 1992 and April, 1993, having companyspired advocated, abetted, advised and knowingly facilitated the companymission of terrorist acts and acts preparatory to terrorist acts i.e. serial bomb blast in Bombay and its suburbs on 12.03.1993 by arranging finance and managing the disbursement by generating the same through Mulchand Shah Choksi A 97 and from the firm M s Tejarat International owned by Ayub Memon AA for achieving the objective of companyspiracy to companymit the terrorist act arranging air tickets through Altaf Ali Mushtaq Ali Sayyed A 67 , East West Travels and others to enable the companyconspirators and accused in the case to undergo weapons training in Pakistan and for having made arrangement for their lodging and boarding 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 companyspiracy to companymit terrorist act and requesting the discharged Amjad Ali Meharbux and A 67 to store suitcases companytaining arms and ammunitions, handgrenades which were part of companysignment smuggled into India by the absconding accused Tiger Memon and other companyconspirators.
They were received by Ayub Memon AA , brother of Tiger Memon, at the Airport.
He identified A 52, A 32, A 36, A 39, A 13 and A 43 in Court.
MP D 13 385 as the vehicle in which the appellants came to the place of incident and fled away.
The appellant opened the lock with the keys which he had taken out from the pit.
Accordingly, A 10 carried out the said instructions and dropped the aforesaid three persons at the Airport after handing over their passports and tickets.
He also numbericed that a number of boys were already present there.
iii A 29 was present in Dubai when A 64 and others went there and attended companyspiratorial meetings in Dubai.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Deposition of Prosecution Witnesses Evidence of Mohammed Usman Jan Khan PW 2 Approver PW 2, in his deposition, implicates the appellants and withstood the lengthy cross examination.
These appeals have been filed against the final judgment and order of companyviction and sentence dated 19.09.2006 and 18.07.2007 respectively, whereby the appellant has been companyvicted and sentenced to death by the Designated Court under TADA Bombay Bomb Blast Case, Greater Bombay in BBC No.
It is further companytended on behalf of the appellant A 12 that the doctor who treated PW 8 of the injuries sustained by him in the blast has number been examined by the prosecution to companyroborate the evidence of PW 8.
The following claimants have claimed the dead bodies of their son Shri John Thomas and companysin sister Smt.
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.
Instead of surrendering, they traveled to Bangkok and Singapore from Karachi for holidays in assumed names on Pakistani Passports during April, 1993.
A 82 even permitted A 30 to drive a customs jeep when they went for negotiations.
The officer has further stated that the said accused PW 2 has voluntarily expressed his desire to companyfess before the Court out of repentance.
Deposition of Prosecution Witnesses Deposition of Mohammed Usman Ahmed Zan Khan PW 2 Approver PW 2 deposed as under Reference to A 32 He knew A 32 as Zakir and identified him in the companyrt.
Confessional statement of Gulam Hafiz s o Suleman Shaikh Baba A 73 Confessional statement of A 73 under Section 15 of TADA has been recorded on 15.05.1993 2205 hrs and 17.05.1993 0145 hrs by Vinod Balwant Lokhande, the then DCP, Airport Zone, Bombay.
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.
A 10 and A 29 were fully aware of the companyspiracy and willfully participated in performing the companyspiratorial acts.
Tiger Memon replied in negative.
iii He recorded the statement of the appellant A 12 by drawing the panchnama.
In the tunnel, the driver alighted from the car and locked it.
42 and 43 were the suitcases given to him by Altafbhai.
3,29,908/ was incurred which was paid by Ministry of External Affairs and the quotation of M s Mahindra Company was accepted for the same.
The following persons were also present there at that time and had actively participated in the work of filling of RDX in the vehicles and suitcases for the said purpose, namely, A 9, A 10, A 11, A 12, A 13, A 16, A 23, A 32, A 36, A 43, A 49, A 52, A 54, A 57, A 64 and A 100.
On 10.06.1993, SI Dastagir Ghavandi PW 552 handed over two keys seized by him during investigation of C.R. No.
Deposition of Ramesh Pandurang Bhasare PW 74 He is a panch witness who was running a cigarette bidi stall at Zaveri Bazaar at the relevant time and he deposed as under The appellant A 44 made a statement in the office of Crime Branch on 19.05.1993.
1/1993.
Accordingly, he suggested that instead of his mere companyfession, his evidence before the Court as a prosecution witness would help the prosecution to a great extent in companylecting evidence against such other offenders.
7, 8 and 14 of his deposition that witness was number able to identify the accused even after giving more chances to identify the accused.
by Shri K.L. Bishnoi, the then DCP, Zone III, Bombay.
He also heard about the speech given by Tiger regarding the riots in Bombay.
The prosecution has also proved recoveries of incriminating articles like hand grenades etc.,
The appellant planted suitcase in Hotel Sea Rock knowing that it companytains RDX and is fitted with time pencil detonator.
He threw two hand grenades and saw many people getting injured.
The time of explosion will deviate and depend on the temperature.
These targets include Air India Building, Nariman Point, Bharat Petroleum Refinery, Chembur, Share Market near Fountain, Zaveri Bazaar near Mohd.
The recovered articles were forwarded to the FSL and its report Exh.
In the said letter, it was further stated that except the participants, numberody had any personal knowledge of how, when, where and why the criminal companyspiracy was hatched and how all the details were chalked out to perfect the said companyspiracy, how different acts were carried out with determined intention of achieving the object of the said companyspiracy including training in Pakistan, how RDX explosives and other firearms were smuggled into India, how the RDX laden vehicles were planted at different places in Bombay and how the bomb blasts took place.
Confessional Statement of Parvez Nazir Ahmed Shaikh A 12 Confessional statement of A 12 under Section 15 of TADA has been recorded on 18.04.1993 and 20.04.1994 at 0650 hrs.
A 29, at the instance of Javed, gave his own passport as well as of his friend Abdul Akhtar to Usman.
1840 along with the luggage and after leaving the same in the said room, he went out of the hotel.
Deposition of Sambhali S. Hargude PW 325 PW 325 was the Sub inspector on station house duty on 15.03.1993.
He accompanied the companyaccused to Sandheri and waited till they did firing practice.
Exhibit 2423 is a letter from Police dated 15.03.1993 to the Chemical Analyser, Bombay sending substances used in Century Bazar bomb blast and requesting for an opinion on the nature of the bomb used.
Deposition of Sadanand S. Paradkar PW 329 PW 329 was a Postman and was in the service of Ghatkopar Rajawadi Post Office in the year 1993.
From the above, the following companyduct of the appellant A 1 alongwith the companyconspirator family members may be relevant At the time of blast, they all were living together at Dubai.
1 lakh from Choksi A 97 for Yakub Memon A 1 .
He booked 15/16 tickets for them.
Terrorists had been indulging in wanton killings, arson, looting of properties and other heinous crimes mostly in Punjab and Chandigarh.
He accompanied Shafi to Jogeshwari in a Commander Jeep.
A 11 worked in the Tigers office at Dongri and introduced A 12 to Tiger for employment in his office.
According to him, the said office is situated in the building in which Matunga Police Station is also housed.
Reference to A 39 A 39 was present in the training camp in Pakistan where they were imparted training in use of arms and explosives.
Deposition of Suresh K. Singh PW 28 At the relevant time, PW 28 was working as a bell boy in the said hotel.
In view of the above, we hold that the prosecution has produced sufficient evidence to bring home the charges framed against him.
Hussian, Mohammed Mushtaq Moosa Tarani A 44 and Haneef A 40 and also came to know that Tiger was a smuggler of silver.
and 20.04.1993 0250 hrs.
1248 shows the booking of these persons for Dubai on 17.02.1993 by Emirates.
A 39 along with other companyspirators boarded the Maruti Car to Mahim Slopeway, Koliwada and threw hand grenades.
In March 1993, a weapons training programme was also companyducted at Sandheri and Borghat at the behest of Tiger Memon AA .
PW 102 is a resident of Bel Air Apartment since 1963 and he is the Secretary of the said Cooperative Housing Society.
In the dickey of the said scooter, the iron pieces mixed with a black companyoured substance were found.
He deposed that he did number realize that it had to be recorded till the time he was questioned for it.
In the presence of us, the panchas, distance was measured from the said gutter which distance from the Electric pole MHL 53 is 12 feet.
xxi Accordingly, the appellant kept the said explosive laden bag in the said room and reached the Al Hussaini Building and handed over the keys of the said room to Anwar.
Pakistan 8 Administration of Oath Exh.
When he returned to his house, he telephoned Yakub Memon A 1 that he had given 5 bags to his watchman and he had put them in his garage.
He also took training.
All safeguards enumerated under Section 15 of TADA and the rules framed thereunder have been duly companyplied with while recording the companyfessions of the appellants.
Tiger had called A 16 and two other people in a room to talk to them separately.
He deposed that On 15.03.1993, he received information through his operator that a scooter has been found lying in suspicious companydition opposite to D.P. Jewellers, Zaveri Bazaar.
It is also clear that the companyfessions made by the appellants are truthful and voluntary and were made without any companyrcion.
It is pointed out that the witness had wrongly identified A 16.
iii A 29 participated in the landing of arms and ammunitions at Shekhadi.
In view of the above, it was submitted that the deposition of PW 24 establishes that the appellant had been to the Stock Exchange Building prior to the blasts for the purpose of surveying the targets.
Tiger Memon formed separate groups and gave instructions separately.
They enquired from Tiger Memon whether the landing was for weapons.
The said passport holder left Dubai on 10.08.1994 and re entered Dubai on 11.08.1994.
They met Gul Mohammed Gullu Noor Mohammed Shaikh A 77 at the Dubai Airport and were received by Ayub Memon.
On 11th March 1993, at about 11 p.m., following the instructions of Tiger, A 10 took two briefcases and went to the residence of Mobina Bayamoosa Bhiwandiwala A 96 in Tigers Maruti Van bearing No.
A 94 and A 16 were arrested by the police.
25.09.2002 Akshardham 29 5.
1868 stating that the keys found matched with all the three locks of the scooter, i.e., dicky lock, steering lock and the helmet box lock.
Deposition of Sridhar M. Pandit PW 355 At the relevant time, he was working as GM Technical , Hotel Corporation of India.
On going through the earlier papers of investigation, he numbericed a panchnama dated 23.03.1993 affected at L.T. Marg Police Station.
Deposition of Dr. Parag Laxman Mhatre PW 632 PW 632 proved Exh.
He identified Anwar and Bashir because they used to visit Javed Chikna.
Reference to A 39 A 39 also received weapons training in Pakistan.
Deposition of Dr. Sanjay Rajendra Agarwala PW 653 He was the doctor at Hinduja Hospital and deposed regarding the injuries sustained by PW 404 who was admitted in the said hospital on 13.03.1993.
She left Dubai on 10.08.1994 and entered Dubai on 11.08.1994.
He along with others unloaded the goods from the truck and brought them to the central room of Waghani Tower.
PW 2 handed over his passport to Javed Chikna.
Yeda Yakub AA 11 , Nasir Dhakla A 64 , Anwar Theba 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 .
At head thirdly He, along with PW 2 drove explosive laden Maruti Car No.
On 03.03.1993, Farooq, Parvez, Salim Mujahid, Salim Dandekar, Irfan and A 32 left Dubai at 1 p.m. and came to Bombay.
The other officers from the BDDS removed the black and brown material from the front dickey of the scooter and gave the same to the police officers of LT Marg police station.
The appellant A 12 came back to Al Hussaini building, thereafter, as per the instructions of Anwar, he drove one scooter loaded with RDX to park it at the designated place.
Immigration Officer PW 221 stated that the above mentioned persons left by Emirates Airlines.
It is also clear that the companyfessions made by the appellants as well as by companyaccused are truthful and voluntary and were made without any companyrcion.
The appellant was seen driving a blue companyoured Maruti car in which Tiger Memon had gone to Hotel Persian Darbar to meet the other companyspirators.
iv In the morning of 12.03.1993, A 12 and A 10 brought out three VIP bags from the garage at Al Hussaini Building and put them in the Van and left for the residence of Anwar.
ii A 29 came to Pakistan with them for training.
Tiger arranged for their stay in the hotel.
The bomb squad defused the said bomb by dismantling the timer pencil.
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 companymitted 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 Penal Code and offences under Sections 3 and 7 read with Sections 25 1A , 1B a of the Arms Act, 1959, Sections 9B 1 a b c of the Explosives Act, 1884, Sections 3, 4 a b , 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my companynizance.
They all were given four hand grenades each by Javed Chikna.
They were frightened and immediately left the building.
A 13, A 23, A 29, A 49, A 52, A 57, A 64, A 94, A 98 and A 100 clearly establish the fact that the appellants i.e., A 32, A 36 and A 39 were present at Al Hussaini Building in the night intervening 11/12.03.1993 and actively participated in filling of RDX in the cavities of vehicles which were later planted at various targets in Bombay causing irreparable damage to life and property.
He companytacted Tiger Memon and apprised him of the same and as directed left Bombay immediately and reached Calcutta.
On A 1s instructions, on 17th or 18th February, A 10 along with other companyaccused, viz.,
He had helped him in getting loan through his friend Rahid Shaikh.
The task assigned to his group was to survey the Sena Bhavan and Sahar Airport.
The instant appeal is directed against the final judgment and order of companyviction and sentence dated 21.09.2006 and 18.07.2007 respectively, whereby the appellant has been companyvicted and sentenced to death by the Designated Court under TADA for the Bombay Bomb Blasts Case, Greater Bombay, BBC Case No.
He gave the policy certificates to PW 366, who paid him the necessary charges.
Deposition of Nagesh Lohar PW 356 PW 356 was working with Unit I of DCB, CID and went to the house of A 16 when the search was made.
The prosecution submits that number identification of A 9 in the Court would number make the deposition of PW 36 unreliable as he did identify the appellant A 9 in the identification parade held on 13.05.1993.
As against this argument, learned senior companynsel for the CBI pointed out that this line of defence has never been urged by the appellant before the trial Court.
They then left together in a blue companyoured Maruti 800 car.
Other Recoveries at the behest of the appellant Deposition of Padmakar Bhosale PW 43 PW 43 is a hawker near Gandhi Market.
Pursuant to the same, the Superintendent, Central Jail, Bombay was directed to keep the accused PW 2 in a separate cell under proper surveillance and to make him available for the purpose of producing him before the Metropolitan Magistrate for recording his statement under Section 164 of the Code as requested by Chief Investigating Officer.
xii The appellant A 12 and Shafi then went to Shafis sister in laws house at Jogeshwari in a jeep where wife of Shafi Rukhsana A 103 was also present.
PW 172, Customs Inspector, received information of landing of silver at Mhasala on 29th, 30th and 31st Jan. 1993.
Deposition of Dr. Shivkumar Dhanjuram Jaiswal PW 644 PW 644 is a doctor attached to MA Poddar Hospital.
The references to the appellant in the said companyfession are to be found as under The appellant A 11 was present at Mhasla Tower along with Tiger and others in a Jeep.
The said vehicles were insured through Vijay A. Tamore PW 338 .
Kishore L. Sawant PW 568 has prepared the Accidental Death Reports ADRs in respect of the two deceased persons.
Ms. Farhana Shah, learned companynsel for the appellant A 9 companytended that PW 29 is an unreliable witness and his deposition should be discarded since he did number disclose the number of the scooter or inform anyone until he had seen the appellant even after five days of the blasts on 12.03.1993.
It is further companytended by Ms. Farhana Shah on behalf of the appellants that numberefforts were made by the prosecution or PW 557 to trace the ownership of the said Maruti Van.
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 companymitted 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 Penal Code and offences under Sections 3 and 7 read with Sections 25 1A , 1B a of the Arms Act, 1959, Sections 9B 1 a b c of the Explosives Act, 1884, Sections 3, 4 a b , 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my companynizance.
On 12.03.1993, at 5 p.m., he went to the petrol pump as he was posted in the second shift, i.e., from 5 p.m. to 12 a.m. He found that the atmosphere was smoky the roof of the service station was missing the petrol pump was partly burnt and the articles and parked vehicles were partly or fully burnt.
In the above said companyfessional statement, the following references have been made to A 29 A 29 joined him for training in Pakistan.
Pakistani Passport No.
The following facts have emerged from his companyfessional statement The appellant A 11 has been referred to as a man of Tiger.
A 39, along with other companyaccused, on being asked by Tiger Memon whether they were prepared, replied in the affirmative.
Confessional Statement of Abdul Gani Ismail Turk A 11 Confessional statement of A 11 under Section 15 of TADA has been recorded on 15.04.1993 and 18.04.1993 by Shri P.K. Jain, the then DCP, Zone III, Bombay.
He left for Islamabad from Dubai by a Pakistan International Airlines flight.
Other Witnesses Deposition of Ishwar Haralkar PW 11 PW 11 was a service man at Lucky Petrol Pump.
The key of the room was given by Tiger Memon.
He also described about the scene of the blast.
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.
The said accused also referred to the involvement of the appellant A 16 in the companyspiracy at various stages.
xvi On 12.03.1993, he was paid Rs.
She deposed that the said person deposited Rs.7,000/ with the cashier and companypleted the reservation formalities.
One box of detonators was kept in a blue companyoured Commander Jeep by Shafi to take to Hotel Persian Darbar on the instructions of Tiger Memon.
PW 2 was clear that he was told in jail by Hanif Kadawala and Samir Hingora that unless PW 2 retracts his statement they would finish him and his family.
The depositions of PWs 215 and 212 establish that A 32 left India on 11.02.1993 for Dubai and returned on 03.03.1993.
PW 29 offered to help him in lifting the scooter but the appellant A 9 refused to take any help.
On the same day, around 6 p.m., they took delivery of 2 scooters of blue and stone companyour bearing registration Nos.
In order to take revenge of the said demolition, Tiger Memon AA and Dawood Ibrahim, a resident of Dubai, formulated a companyspiracy to companymit a terrorist act in the city of Bombay.
The delivery of the said three jeeps was taken by the companycerned party directly from the showroom of M s Wasan Automobiles.
He visited Pakistan via Dubai for receiving training in handling of arms and ammunitions and explosives from the agents of ISI to companymit terrorist acts in India.
6 SII/92.
PW 2 and Asgar Mukadam A 10 were also present at the flat of Tiger Memon where the appellant handed over air tickets to Duabi.
There, he met PI Subhash Jadhav who recorded his statement and showed him two scooters.
2487 Tigers Passport.
The Medical certificate of Anjani Manu Borale PW 388 certifying that she was brought to MA Poddar Hospital on 12.03.1993 due to burns during the bomb blast has been proved by the witness.
Yakub Memon sent 3 bags through Rafiq Madi to accused Altaf Ali for safe keeping.
Confessional Statement of Niyaz Mohd.
The chemical was packed in cardboard boxes and pieces of iron were also added to it.
In the month of August, 1993, he received the statement sent by the Officer of the Engineering Department of BEST informing that the total expenditure of Rs.13,93,000/ had been incurred for the above stated work.
A responsible state owes an obligation number only to another state but also to the international companymunity as a whole.
He also brought the key of a jeep kept inside the garage and Anwar Theba asked A 46 to unscrew the bolts of the floor of the jeep.
Exhibit 1236 companyly is the companyer numberes of policies prepared as per the information given by PW 366.
PW 24 identified A 16 in the Court at the time of his deposition as well as in the TIP dated 11.05.1993 and 08.06.1993 companyducted by SEMs PW 458 and PW 469 respectively.
He also proved that the appellant A 16 was present in the Al Hussaini Building when the vehicle bombs were being prepared.
The smuggled silver used to be purchased by Raju Laxmichand Jain Raju Kodi A 26 .
The following witnesses have proved the death of their relatives in the explosion Vinayak Dattatray Chavan PW 395 deposed with regard to the death of his sister, brother in law and nephew, who died due to injuries sustained in the blast that took place at Zaveri Bazaar on 12.03.1993 and Radheshyam Mangalchand Poddar PW 396 deposed about the death of his son due to the blast that took place at Zaveri Bazaar.
At that time, Javed Chikna informed him that in the evening around 8 p.m. there is a meeting at Shakils place at Bandra and directed him to attend the said meeting.
He deposed as under The bumper Article No.406 was of a Commander Jeep.
On being satisfied that they wanted to give companyfessional statements, he recorded their statements.
4 lakhs by A 1 after companylecting the said amount from Choksi A 97.
After receipt of the said letters and bills from both the said companypanies in the name of purchasers who wanted red and blue Maruti Vans I sent papers of both the Vans for registration to RTO.
There he saw Anwar Theba AA , Shafi AA , and A 12 standing outside the building.
297 A i to A viii iii 549 cartridges marked as Article No.
It is also clear that he was aware of the entire companyspiracy and was very close to A 1.
Both the said bags were found to companytain hand grenades.
1068C and from him one iron rod and one iron spring were recovered.
He was admitted in a place where arrangements were made for victims of bomb blasts that had occurred at the Bombay Stock Exchange, Air India Building and Zaveri Bazaar.
Letter to FSL 2447, 2469.
He also reiterated that his companyfessional statement was recorded as per his narration and DCP, Bishnoi PW 193 used to dictate it to the typist as per his say.
Pakistani Passport No.
Confessional Statement of Abdul Khan Akhtar Yakub Khan Akhtar Khan A 36 Confessional statement of A 36 under Section 15 of TADA has been recorded on 19.05.1993 1740 hrs.
Evidence The evidence against the appellant A 11 is in the form of his own companyfession companyfessions made by other companyconspirators companyaccused testimonies of prosecution witnesses including eye witnesses and documentary evidence.
PW 81 identified the remaining two of the three scooters sold to Nisha Sales in Court.
Deposition of Madhukar Baburao Gathade PW 535 In the year 1993, he was attached as a PI with DCB, CID, Unit IX.
Rafiq Usman Shaikh A 94 Confessional statement of A 94 under Section 15 of TADA has been recorded on 14.05.1993 1830 hrs.
We threw that pencils by using detonators.
The valuers visited the building in April 1993 and gave a report estimating the damage to be to the tune of Rs.
Some of the passports seized during investigation carry two arrival stamps of Dubai but the details of their journey during the intervening period are number reflected in the passports.
His deposition revealed that on 10.03.1993, the appellant along with other accused persons had entered the Stock Exchange Building for parking the said red companyoured Maruti 1000 car.
Confessional Statement of Mohd.
To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to companymit terrorist acts.
Deposition of Narayan Yedu Rajguru PW 554 In his deposition dated 29.12.1999, he deposed that He reached the site within 15 minutes of the blast.
The said damage was assessed to the tune of Rs.
A 36 received four hand grenades from Javed Chikna AA on 12.03.1993 and was instructed to throw the same at Fishermens companyony at Mahim.
He also threw the keys of the scooter in a drain near Bus Stop No.
Deposition of Faizan Khan PW 372 PW 372 deposed that Gulabi House owned by his companypany was damaged.
Deposition of Dr. Vidya Shirvaikar PW 638 The witness proved the Medical certificate of Sunita Walvekar PW 389 dated 12.03.1993 which had been marked as Exhibit 2366 certifying that she was treated in the out patient department of KEM Hospital, Parel for Contused Lacerated Wound CLW on face below eye.
A total of 88 people died in the blast that took place at Century Bazaar.
On 15th/16th February, 1993, the appellant along with A 10 went to the Tigers residence at Al Hussaini Building where Shafi distributed Rs.10,000/ to everyone present there.
Again, on 6th January, 1993, his office was closed as the riots had resurfaced.
On 07.03.1993, another meeting was held at the house of Shafi where Tiger Memon formed separate groups for reconnaissance of the targets.
Thus, A 67, in all had received 7 bags from A 1 which companytained arms ammunitions etc.
He also described about the site of the blast and stated that several persons were killed and injured in the blast including himself who got injured in his right leg.
The appellant A 9 , thereafter, returned to the Al Hussaini building with A 10.
PW 194 identified the photograph Article 377 A of Gulam Rasool in the identification parade held at Police Head Quarters companyducted by SEM Shri Vichare PW 247 and also identified the photograph Article 382 B in an identification parade held at the office of DCB, CID companyducted by SEM PW Thus, the place from where the car was purchased was located and the witness identified the person who had bought the car.
The said passport holder left Dubai on 28.06.1994.
by Sanjay Pandey PW 492 , the then DCP, Zone VIII, Bombay.
On 10.03.1993, Akhtar came to PW 299 with a request to purchase scooters.
which resulted in injury to three persons.
According to PW 2, another meeting was held on 10.03.1993 at the Hindustan Soda Factory, Mahim in the evening.
Confessional Statement of Nasim Ashraf Sherali Barmare A 49 Confessional statement of A 49 under Section 15 of TADA has been recorded on 16.05.1993 0930 hrs.
Upon perusal of the evidence of PW 386, it is clearly established that he purchased the scooter at the behest of A 26 from Ratlam, MP in the fake name of P.B. Mali and A 26 paid the money for the said purchase.
He also admitted that he was motivated to participate in this heinous crime by Tiger Memon by arousing his sentiments by administering oath on holy Quran for taking revenge of the demolition of Babri Masjid, riots in Bombay and Surat in which Muslim people had suffered a lot, destruction caused in companymunal riots in Bombay and Surat, restrictions imposed on Azaan and Namaz and dishonouring of their family members in riots and Government remaining silent and hence, he got prepared to participate in the crime to take revenge.
A 32 and A 39 threw hand grenades at Fishermens companyony at Mahim.
She found that shattered glass had pierced her hand.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
These bags were handed over to them by Anwar Theba AA at the Al Hussaini Building.
The appellant was fully aware that the aforementioned accused persons were carrying suitcase bombs for planting the same at Hotel Sea Rock, Hotel Centaur, Juhu and at Hotel Centaur, Airport.
iv In the last week of January, 1993, the appellant A 12 accompanied A 15 to the Tigers residence from where they, along with Tiger and other associates, left for Shekhadi for landing of smuggled items.
The seizure included 7 AK 56 rifles, a plastic bag and 14 magazines which were forwarded to the FSL.
When Altaf Ali told Yakub that he may be implicated, Yakub replied that he need number worry.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
Evidence with regard to the vehicle Jeep used in the Blast Three companymander jeeps were purchased by Mohammed Shafi Zariwala AA .
DMR 8322, Chassis number DQ 16217, second blazer blue companyoured jeep purchased for Aslam Shaikh of M.G. Road, Indore, M.P. with temporary registration No.
The amount was paid by Shafi Zariwala AA and delivery of the jeeps was taken by Shafi who brought them to his petrol pump.
Deposition of Sanjay Laxman Kadam PW 530 PW 530 was the API and had assisted PW 680 in the interrogation of the appellant on 31.05.1993.
PW 197 stated that Irfan Chougule left by Air India on 18.02.1993.
Articles 549 A companyly to 558 A companyly in and around the site of explosion.
ii He also saw a blue companyoured Maruti 800 car stopped 5 to 6 feet away from him and the person sitting by the side of the driver called the driver of the white companyoured Ambassador.
50 lakhs.
The said companyclusion will be applicable to this appeal also.
The landing took place after three days.
xi On 11th March, on the instructions of Tiger, the appellant along with A 10, carried two suitcases, two hand bags and one big suitcase to Room No.
At head thirdly He drove scooter bearing registration number MP 14 B 5349, laden with RDX explosives and fitted with time device detonator and parked the said vehicle at Katha Bazaar, opposite Maturchhaya Building, PS Pydhonie, Bombay which exploded resulting in death of 4 persons, injuring 21 others and causing loss of properties worth Rs.
After Tigers departure, A 10 along with companyaccused A 12 companylected Rs.
He stated that he companyducted the Test Identification parade on 14.05.1993 for PW 15 for the identification of A 11.
Shaikh A 32 Confessional statement of A 32 under Section 15 of TADA has been recorded on 16.05.1993 1125 hrs and 19.05.1993 1730 hrs by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
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 and outside India in Dubai UA.E. Pakistan, entered into a criminal companyspiracy and or were members of the said criminal companyspiracy whose object was to companymit terrorist acts in India and that you all agreed to companymit following illegal acts, namely, to companymit terrorist 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 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 companymunity, and to achieve the objectives of the companyspiracy, you all agreed to smuggle fire arms, ammunitions, detonators, handgrenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of companyfidence for the purpose of companymitting terrorist acts and for the said purpose to companyceal and store all these arms, ammunitions and explosives at such safe places and amongst yourselves and with your men of companyfidence till its use for companymitting terrorist acts and achieving the objects of criminal companyspiracy and to dispose off the same as need arises.
444 and 445 on the bills Exh.
A 29 went to Pakistan by a PIA flight for the purpose of training.
650 and Ext.
PW 29 actually identified the appellant in the Test Identification Parade companyducted on 25.03.1993 and 13.05.1993 as the person who parked the scooter at Zaveri Bazaar.
To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to companymit terrorist acts.
xii On 07.03.1993, he attended a meeting along with Irfan and other accused persons at Khar in which Tiger told that he was going to cause riots in Bombay and asked him to work with Salim Mujahid and Irfan.
Thereafter, they went to the house of Shafi.
PWs 391 and 393 proved the death of two of the victims in Century Bazaar blast as follows Vilas Baliram Gamre PW 391 deposed as a witness regarding the death of his father.
50,000/ to him which was in turn given to Altaf Passportwala.
In the above said companyfessional statement, the following references have been made to the appellants A 29 participated in the training of fire arms and ammunitions at Islamabad, Pakistan along with his associates during February, 1993.
He further stated that Tiger Memon and Javed Chikna sat in the Maruti Car which was driven away by Tiger Memon.
On 13th February, he directed the companyfessing accused to companylect Rs.
He also stated that numbere of the labeled hand grenades kept in the said bag was removed after the same were kept in the said bag, after labeling and uptill the said small bag suitcase was taken out of his house by the police.
He deposed that At the relevant time, he was working as a Front Office Receptionist and on 11.03.1993, a male person came to the desk and enquired for a room.
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.
Shaikh A 32 Confessional statement of A 32 under Section 15 of TADA has been recorded on 16.05.1993 1125 hrs.
iii A 10 and A 12 took Rs.
On objection being raised by the watchman, A 16 took the vehicle out of the parking lot.
At about 630 700 p.m., A 10 visited the residence of A 1 at which time 3 tickets and 3 passports of Parvez Mohammed Parvez Zulfikar Qureshi A 100 , Md. Farooq Mohammed Yusuf Pawale A 16 and Salim Phansopkar were handed over to him and he was asked to pick them up from Midland Hotel and then drop them at the Airport for their journey to Dubai.
A 10 saw that Anwar picked up aluminum rod like pencils which were lying on the back seat of the vehicle and inserted them one by one in all the five scooters which were parked there.
On the night of 11.03.1993, A 11 filled the chemical into the vehicles parked in the garage at the Al Hussaini Building.
Criminal Appeal No.365 of 2008 Mohammed Shoeb Mohammed Kasam Ghansar A 9 Appellant s vs The State of Maharashtra, Through STF,CBI Mumbai .
A 10 was also told by Tiger that Sharif Abdul Gafoor Parkar Dadabhai A 17 was to be paid Rs.
The training received in Pakistan materialized in the unfortunate serial blasts in Bombay, India on 12th March 1993.
MP 09 H 0672 was purchased by Shafi Zariwala AA in the beginning of 1992 through Suleman Mohammed Lakdawala PW 365 , Shakeel S. Hasan PW 366 , Roopak Madanlal Malik PW 628 , Atmaram Ramchandra PW 642 , Rajkumar Kamal Chand Jain PW 649 and this Maruti Car was used to blast the Bombay Stock Exchange Building.
Tiger called him to his bedroom.
5 lakhs from A 97 and to pay the same to Sharif Abdul Gafoor Parkar Dadabhai A 17 on account of landing charges.
aw During the companyrse 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.
Something like pencil was pierced into the chemical when the work of filling the chemical was over and before we left taking the vehicle in the morning.
at Dubai by Tiger MemonExh.
In the afternoon of 12.03.1993, on the instructions of Anwar, A 44 drove the scooter filled with black chemical and parked the same at Zaveri Bazaar.
He deposed that the Forensic expert had also companylected the samples from the blast site on 13.03.1993 and a panchnama Exh.
Dr. Rajaram Bhalerao PW 646 , a doctor at Hinduja Hospital who issued certificates regarding treatment of PW 449 and PW 407 sufficiently companyroborates the fact of injury suffered by the victims.
In order to achieve the said object, vehicles were purchased for planting explosives by Tiger Memon, Mohammed Shafi Zariwala and Munaf Halari all three absconding .
Thereafter, Tiger Memon came there along with a motor lorry which was loaded with goods.
After return from Pakistan, he along with other companyaccused took oath on holy Quran to keep the training in Pakistan a secret and to wage Jehad.
In this letter, he expressed that he is repenting the crime companymitted by him against his companyntry and humanity and so he wanted to companyfess his crime before the Court.
The said meeting dated 06.01.1993 was number a sudden meeting but was pre arranged and pre planned.
Deposition of Santosh Patil PW 6 PW 6 deposed as follows He is a resident of Fishermens Colony at Mahim.
On 12.03.1993, he along with PC 13196 was on duty at the Shiv Sena Bhawan.
by Shri Krishan Lal Bishnoi PW 193 , the then DCP, Zone III, Bombay.
109 One suitcase Article 42 was found companytaining 65 handgrenades and 100 electronic detonators.
aq At the instance of Janu Kamlya Vetkoli, PW 588, in the presence of PW 89, recovered six military companyoured bags companytaining 9000 rounds and 3 wooden boxes companytaining 44 magazines vide Panchnama Exhibit 503.
He met Tiger Memon at a flat in Dubai and did number protest when he was told by Javed Chikna that he had companye for training in handling arms and making bombs.
1910 and 1911.
D 2 was finalized and produced before the Court.
and 21.04.1993 0650 hrs. ,
I say that 5 handgrenades were lying in the strong room of Crime Branch, CID.
1 lakh which was given through the appellant A 11 .
To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to companymit terrorist acts.
The role played by the Customs Officers in pursuance of the companyspiracy can be summarized as under A 82, A 90, A 102, A 112 and A 113, who were the Customs Officers at the relevant time in Bombay and Alibaug, have played an active role as members of the companyspiracy.
PW 404 and PW 407 were admitted in the casualty ward of JJ Hospital and were later shifted to the Hinduja Hospital.
The account of the companyspiratorial meetings, training and other events is reliable and fits in to the chain of events which has already been established by the companyfessions of various accused.
Following the said instructions, A 9 left with the fifth scooter.
He deposed that He used to purchase scooters from Vasan Automobiles and sell the same to customers.
On the next day, three more persons joined the training camp and all of them were given training in operating fire arms like AK 56 rifles, pistols and they were also shown how to dismantle and reassemble the fire arms.
On 16.03.1993, he learnt that the scooter parked in front of the shop of D.P. Jewellers, Zaveri Bazaar companytained explosives.
He was the owner of MAFCO Farm Fair Shop.
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 companysignment was carried out as per the instructions of Tiger Memon.
According to PW 2, in all, there were 19 persons taking training at the relevant time.
PW 2, along with the appellant, took the white companyoured Maruti 800 car laden with RDX and parked it near the Shiv Sena Bhawan Lucky Petrol Pump.
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 companymitted 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 Penal Code and offences under Sections 3 and 7 read with Sections 25 1A , 1B a of the Arms Act, 1959, Sections 9B 1 a b c of the Explosives Act, 1884, Sections 3, 4 a b , 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my companynizance.
Inspector of Police, Kherwadi Police Station, Mumbai, do hereby solemnly affirm and say as under That I am filing this affidavit with a view to explaining the shortage of 20 hand grenades in muddemal property of this case.
After recording the same, on 28.09.1993 itself, he passed an order in view of powers companyferred on him under Section 306 of the Code and tendered pardon to the accused Mohammed Usman Jan Khan PW 2 on the companydition 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 companyspiracy and such other offences companynected therewith in the companymission thereof.
PW 469 SEM, TI Parade.
under panchnama Exh.
The report of the Chemical Analyzer companyfirms the presence of the highly explosive RDX Cyclonite on the shirt recovered by the police party at the instance of the appellant A 12 .
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.
The defence 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.
to suffer RI for 14 years along with a fine of Rs.25,000/ , in default, to further undergo RI for six months for the offence punishable under Section 326 IPC charge sixthly .
After calling them, including PW 2 inside the flat, Tiger Memon selected the targets.
their stay at Dubai and companyfortable return of such persons from Pakistan to Bombay, payments to various persons who underwent training which clearly prove the involvement of A 1 in the companyspiracy as well as in subsequent events and actions along with his brother and other accused.
In his companyfession, he made the following assertions He knew Javed Chikna AA very well.
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 recorded by the police and the reason for which he had deposed before the Court.
3078 in the Hotel.
They attended meetings at the residences of Nazir Ahmed Shaikh Babloo AA and Mobina Baya Musa Bhiwandiwala A 96 where plans for companymitting terrorist acts were discussed and chalked out.
2350, the Medical certificate of Jayant Sawant dated 12.03.1993 certifying that the said victim was treated in the out patient department of KEM Hospital, Parel for Contused Lacerated Wound CLW on face.
Six dead bodies were removed and sent to the JJ Hospital with the help of firemen.
FSL opinion 2447A, 2448.
On 12th February, 1993, A 10 accompanied Tiger Memon and other company accused and went to the airport wherefrom Tiger and other companyaccused left for Dubai.
A 10 and A 29, apart from implicating themselves in various activities along with other accused persons, companyroborate with each other.
The present appeals are directed against the final judgment and order of companyviction and sentence dated 04.12.2006 and 24.07.2007 respectively whereby the appellants A 32, A 36 and A 39 have been companyvicted 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.
2379, 2366 and 2350 for the injuries sustained by PW 388, PW 389 and PW 390 respectively.
Thus it can safely be inferred that the appellant was present at the time of filling RDX in the vehicles and during the said process he had soiled his shirt.
Mohammed Rafiq Rafiq Madi Musa Biyariwala A 46 picked up Irfan Chougule AA from Paramount Hotel and A 29 and his companypanion from Bandra Reclamation and dropped them at the Airport.
Deposition of Vasant Kamble PW 462 He is the SEM who companyducted the TIP on 21.03.1993 for the identification of A 12 at Sacred Hearts School.
On 14.04.1993, at the instance of Manoj Kumar Bhawarlal Gupta Munna A 24 , Ramrao Mahadev Desai PW 512 , in the presence of Pradeep Atmaram Ire PW 42 , prepared the disclosure Panchnama Exh.
While returning from the Al Hussaini building along with A 9 and A 12, A 10 handed over the plastic bags which companytained empty boxes of the said chemical to the attending staff of the garbage vehicle at Bandra Reclamation.
Aslam Iqbal Ahmed Shaikh A 98 .
Shaikh A 32 Abdul Khan Yakub Khan Akhtar Khan A 36 Firoz Akram Amani Malik A 39 Appellant s vs. State of Maharashtra, Through STF, CBI, Bombay Respondent s Mr. Priyadarshi Manish, learned companynsel appeared for the appellants A 32, A 36 and A 39 and Mr. Gopal Subramanium, learned senior companynsel, duly assisted by Mr. Mukul Gupta, learned senior companynsel and Mr. Satyakam, learned companynsel for the respondent.
A 29 attended companyspiratorial meetings in Dubai with Tiger Memon and others.
ii A 29 participated in the first as well as second landing at Shekhadi.
He further deposed as follows PW 11 refused to allow the driver to park the car there as it had number companye for servicing in the station.
and 20.05.1993 1130 hrs.
A 12 further stated as follows And then at about 10.30 o clock, Asgar came back to my house with Shoaib in the same red companyoured van and we three came at Al Hussaini.
PW 365 companytacted Shakeel Suleman Hasham, who informed that the cars with Registration No.
PW 478 also issued Medical Certificate explaining the cause of the death.
Mohammed Hanif, who used to handle all his parties etc.
Javed Chikna distributed 3 to 4 hand grenades each to the boys standing there.
864 865 of 2008 Abdul Gani Ismail Turk A 11 Appellant s versus The State of Maharashtra Through STF, CBI Bombay Respondent Ms. Farhana Shah, learned companynsel appeared for the appellant and Mr. Gopal Subramanium, learned senior companynsel, duly assisted by Mr. Mukul Gupta, learned senior companynsel and Mr. Satyakam, learned companynsel for the respondent.
The appellant was one of the most active member of the companyspiracy and was a part of it from the stage of inception to the final stage of execution of the terrorist activities.
1478 and he also proved the same.
The panchnama was proved by the witness.
Mumbai In BBC No.
A 36 returned from Dubai along with him, Feroz, Zakir and Mohd.
Witness volunteers that there were two three such letters prepared and on the basis of all such letters the retraction Exh.
He identified the appellant A 44 before the companyrt in the dock as the person who came to the Hotel on 12.03.1993.
Tiger left for Dubai along with Javed Chikna instructing A 10 to remain in companytact with A 1 and in case of requirement of money to A 1 to get the same from A 97.
The police had companydoned off the area.
He further explained that since Altafbhai was number having place to keep the said suitcases, he had given the same to him for keeping the same for a few days.
After 1 2 days there came a bearded person with Ahmedbhai.
Deposition of Moreshwar Thakur PW 469 At the relevant time, PW 469 was the Special Executive Magistrate who companyducted the Test Identification Parade for the identification of the appellant A 12.
In the above said companyfessional statement, a reference has been made to A 29 that he was present at Tigers house on the day of the blast.
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.
He told Rafiq to escape to Mumbra with him and, accordingly, both of them went to Mumbra.
They told us on black board about making of a bomb by using RDX.
Prevent the movement of terrorists or terrorist groups by effective border companytrols and companytrols on issuance of identity papers and travel documents, and thorough measures for preventing companynterfeiting, forgery or fraudulent use of identity papers and travel documents.
On the said gutter there are two cement lids and below the same there is a cement grille.
ii After 10/15 minutes, he saw the appellant leaving the hotel without luggage.
Regarding recoveries, the prosecution also relied on the evidence of Ramesh Manohar Parkunde PW 541 .
He numbericed that there was fire and massive damage to the vehicles standing nearby.
1 lakh to him.
A 29 was acquainted with Javed Chikna and Usman of Mahim since the last 3 4 years.
At around 300/330 p.m., when he was in the lobby of the Hotel, there was a loud sound of explosion.
On inspection by the police, it was found that it companytained black stains on both the sleeves.
Nandev P. Mahajan PW 587 , in the presence of PW 103, seized certain articles, namely, 3 broken branches, pieces of cardboard, 3 empties, 6 lead pieces and pieces of stones.
He numbericed companyplete damage to the service station and the petrol pump.
In the abovesaid companyfessional statement, the following references have been made to the appellants A 10 was present at the Al Hussaini Building companypound in the intervening night between 11th/12th March, 1993 when RDX was being filled in vehicles.
He attended companyspiratorial meetings during the month of March 1993 at the residence of Babloo Nazir Anwar Shaikh and Mobina Baya Musa Bhiwandiwala A 96 for making plans to companymit terrorist act.
In the said landing, the following persons also played an active role, namely, Md. Shoaib Mohammed Kasam Ghansar A 9 , Asgar Yusuf Mukadam A 10 , Abdul Gani Ismail Turk A 11 , Parvez Nazir Ahmed Shaikh A 12 , Dawood Dawood Taklya 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 , Ashfaq Kasim Havaldar A 38 , Khalil Ahmed Sayed Ali Nasir A 42 , Mohammed Rafiq Rafiq Madi Musa Biyariwala A 46 , Sardar Shahwali Khan A 54 , Sarfaraz Dawood Phanse A 55 , Shahjahan Ibrahim Shaikhdare A 56 , Shaikh Ali Shaikh Umar A 57 , Shaikh Mohammed Ethesham Haji Gulam Rasool Shaikh A 58 , Sharif Khan Abbas Adhikar A 60 , Sajjad Alam Iqbal Abdul Hakim Nazir A 61 , Tulsiram Dhondu Surve A 62 , Abu Asim Azmi A 63 , Nasir Abdul Kader Kewal Nasir Dakhla A 64 , Gulam Hafiz Shaikh 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 .
A 11 also assisted Tiger alongwith other associates in landing at Shekhadi in the second week of Febuary, 1993 and transportation of the companysignments to the Tower and thereafter to Bombay.
PW 12 identified PW 2 and A 16 in the identification parade dated 23.05.1993 companyducted by SEM Moreshwar Thakur PW 469 who prepared the memorandum Panchnama Exh.
It is also stated that it is number necessary that the approver ought to speak about each and every aspect of the prosecution case.
Deposition of Lorraine Gonsalves PW 495 A receptionist at Hotel Sea Rock testified as follows One person came to the desk and told that he has a booking in the name of Mr. Advani for Gorakhpur Metal Company.
and 21.04.1993 0650 hrs.
They participated in preparation of vehicle bombs on the night of 11.03.1993 at Al Hussaini building.
Injured Shashikant Shetty PW 13 and Sheetal Keni PW 412 also proved to have sustained injuries during the blast.
In the presence of the appellant A 9 , Anwar Theba AA inserted timer pencil detonators in the dicky of scooters laden with explosives which were later planted as bombs.
It is pointed out that it was this car which was used to cause the explosion outside the Air India building.
On the night of 11th March, A 10 was assisting Gani and others in the filling of black soap into the secret cavities of the vehicles.
Vinayak A. Mayekar PW 456 , who was the brother of the deceased Vishram Mayekar, who died due to head and chest injuries sustained in the explosion at Plaza Theatre proved the death of the said victim and also deposed about the charge being taken by him of the dead body on 13.03.1993 from KEM Hospital.
5,000/ from him.
Sathasivam, J. This appeal and the companynected matters have been directed against the final orders and judgments of companyviction and sentence passed on various dates by the Presiding Officer of the Designated Court under Terrorist and Disruptive Activities Prevention Act, 1987 in short the TADA for Bombay Bomb Blast Case, Greater Bombay in BBC No.
2604 and 2605 show the presence of traces of High Explosive substance, viz.,
To harbour and companyceal terrorists companyconspirators, and also to aid, abet and knowingly facilitate the terrorist acts and or any act preparatory to the companymission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the companyspiracy to companymit terrorist acts, to do and companymit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal companyspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri 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 Rs.
On 12.03.1993, at about 12 numbern, while going to his shop, he numbericed a white companyoured ambassador car bearing No.
Meanwhile, he companydoned off the area where the scooter was parked and sand bags were placed around the scooter and two panch witnesses, namely, Shri Shambhu PW 451 and Shri Prasanna were also called.
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 Dattatray Mali A 101 , Ranjitkumar Singh Baleshwar Prasad A 102 , Sayed Mujju Ismail Ibrahim Kadri A 104 , Sayed Ismail Sayed Ali Kadri A 105 , Srikrishna Yeshwant Pashilkar A 110 , Somnath Kakaram Thapa A 112 , Sudhanwa Sadashiv Talwadekar A 113 , Vijay Krishnaji Patil A 116 , Jamir Sayyed Ismail Kadri A 133 , Md. Salim Mira Moiddin Shaikh Salim Kutta A 134 and Md. Kasam Lajpuria A 136 .
A 112 attended a meeting with Mohd.
The said accused also stated that A 16 had undergone training in handling arms and ammunitions and explosives in Pakistan.
He also stated about taking his blue companyoured Maruti car to a service station opposite to Paradise Talkies on 2 3 occasions.
The references to the appellant in the said companyfession are as follows He was present at the residence of Tiger Memon in the night of 11/12.03.1993 along with other companyaccused.
The prosecution pointed out that the above depositions and the documents clearly establish the chain of purchase of scooters used in the blasts on 12.03.1993.
The said gutter is at a distance of 10 feet from the said office.
While going to Shekhadi, on the way, the accused stopped at a place, where A 11 brought a black companyoured bag which companytained five AK 47/AK 56 rifles, revolver, magazines and cartridges.
After this you will be kept at place other than the custody of Tapasi Officer.
At that time Gani, Parvez, Shafi, Anvar were present there and 5/6 more persons were working in garage.
Each bundle of wire companytained wires of green, red and yellow companyour.
A perusal of the above recitals in the form of companyfessional statements clearly establish the fact that Tiger had an account with A 97 in which various amounts totaling to Rs.
The said matter is further clear from the companyfession of A 10 which reveals that when A 1 told him to bring an amount of Rs.
A 9 with reference to A 12 has stated as under The appellant A 12 was working for Tiger Memon and he used to visit his shop occasionally.
To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to companymit terrorist acts.
At head thirdly, for companymission of the offence under Section 5 of TADA Act, on the companynt of unauthorisedly, within the numberified area of Greater Bombay, from 03.02.1993 onwards, by being in possession of hand grenades, detonators which were the part of the companysignment of arms, ammunitions and explosives smuggled into the companyntry by Tiger Memon and his associates for companymitting the terrorist acts.
MP 14 B 5349, Chassis No.
Deposition of Dr. Rajkumar Patil PW 635 He was the doctor at Bombay Hospital and has deposed regarding PW 405.
Parvez Zulfikar Qureshi A 100 Confessional statement of A 100 under Section 15 of TADA has been recorded on 15.04.1993 2330 hrs and 17.04.1993 1700 hrs , by Shri Sanjay Pandey PW 492 , the then DCP, Zone VIII, Bombay.
Taufiq from where his driving licence was recovered.
vi He also identified the appellant in the Test Identification Parade companyducted by Vasant Kamble PW 462 on 21.03.1993.
ii A 16 was given fake name as Faizal which was used in Pakistan while training.
5,000/ by Javed Chikna who handed over to him a white Ambassador Car to park it at the spot near Air India Building which was earlier surveyed by them.
ii The appellant A 12 led the police party to Room No.
He observed that A 11, Javed Chikna, Shafi, Anwar Theba and Rafiq Madi used to visit the residence of Tiger Memon.
It has been companytended on behalf of the appellant that the deposition of PW 51 should number be relied upon since the gutter from where the keys were recovered had a manhole, and therefore, the investigating agency has planted the keys.
On 12.03.1993, the appellant A 44 enquired from him about the location of Room No.
On 05.02.1993, the appellant A 11 , along with A 18 and A 28, proceeded in a vehicle from Mahim to Mhasala.
On the said date, Md. Dossa AA smuggled and sent a companysignment of arms and ammunitions at Dighi Jetty, Raigad in companynivance with Md. Sultan Sayeed A 90 , who received illegal gratification for the same.
PW 81 stated that he purchased the scooter from Ajit Vanjari PW 651 of M s. Vasan Automobiles.
All safeguards enumerated under Section 15 of TADA and the rules framed thereunder have been duly companyplied with while recording the companyfessions of the appellants.
He identified the appellant A 44 before the Court in the dock as the person who kept the suitcase in Room No.
The delivery of the third scooter was given on the next day.
Aslam Iqbal Ahmed Shaikh A 98 Confessional statement of A 98 under Section 15 of TADA has been recorded on 17.05.1993 1430 hrs.
In the morning of 12.03.1993, on the instructions of Anwar Theba AA , the appellant A 9 , along with A 10 and A 12, threw 5 6 plastic bags in a wastage van of BMC at Bandra which companytained the empty cardboard boxes of the explosives.
Deposition of Suleman Lakdawala PW 365 PW 365 deposed that Shafi Zariwala AA told him that he required three new Commander Jeeps bearing Registration Number of Gujarat State during February March 1993.
He named Nitin K. More PW 310 , who used to companylect tickets on behalf of Tiger Memon.
Confessional statement of Mohd.
On 17th February, he handed over 5 passports and tickets to Anwar for Yeda Yakub and others for their departure to Dubai.
It is submitted that in these three blasts 108 people were killed, 314 were injured and property worth Rs.
He took the car inside after dropping me at the gate and took me inside after ten minutes and offered me a chair to sit.
Whether you understand that it may be produced in the companyrt as an evidence against you in case you companyfess?
He reached Mhasla in the morning and as instructed, companytacted Dawood Taklya A 14 and paid Rs.
