A 1 Jahur Ismile Faki, A 3 Mehaboobi Aziz Khan.
Against the said judgment and order A 2, Jayawant Dattatraya Suryarao has preferred Criminal Appeal NO.975 of 2000 A 6 Subhashsingh Shobhnathsingh Thakur was preferred Crimina appeal NO.966 of 2000 and as he was sentenced to death, there is Death Reference Case No.1 of 2000.
At 8.45 a.m. again A 7 telephoned him.
He also knew accused number7 Shamkishore since 1986, who was sitting in the dock before the companyrt.
He his bodyguard and Himmat Rawal sat in the said car and came back to Bhiwandi.
He also advised him to make efforts to subside the matter through his sources.
The State has preferred Criminal Appeal No.1101 of 2000 against the acquittal of A 1 Jahur Ismile Faki, A 3 Mehaboobi Aziz Khan, A 1 Anil Amarnath Sharma, A 8 Ahmed Mohmed Yasin Mansoori, A 9 Jaiprakashsingh Shivcharansingh Bacchisingh and A 10 Prasad Ramakant Khade.
Deceased Shailesh Haldankar was suspected to have pointed him out.
A 2 then asked the driver to take the car to Sagar Hotel in Nagpada locality.
As khandani protection money .
On the same day at 9.00 a.m. A7 telephoned him and asked him for his car with the policeman to be sent at his residence but he refused to oblige him.
For our purpose, it is necessary to refer to relevant part of shoot out incident at the J.J. Hospital.
Marol, Andheri.
Thereafter.
As he got frightened, took shelter under the company, and after the firing stopped, he went to the hall, companytinued t sit there till policemen came there.
On information, police party chased them and numbericing police party they tied to scare away the police by brandishing the weapons i.e. the swords and choppers.
Dawood made call and informed that one doctor would be reaching shortly.
After checking guard of Bipin Shere, he went to ward number18 to check the guard of the prisoner Shailesh Haldankar.
By the impugned judgment and order, out of 24 accused, the Designated Court companyvicted A 6 Subhashsingh Shobhnathsingh Thakur.
After 20/25 minutes they reached near the garage on the high way.
The police successfully persuaded the members of the public to maintain peace and thereafter Shailesh Haldankar and Bipin Shere were removed to J.J. Hospital for treatment of injuries sustained by them.
1101 of 2000 Considering the evidence brought on record, the Designated Court rightly acquitted A 1 Jahur Ismail Faki, A 3 Smt.
PW30 Harry Parasaram was the Deputy General Manager of BSES Guest House in the year 1992.
Chhota Shakeel thereafter informed that he will send some other doctor.
Accused No.2 Suryarao was present in the DCB, CID office.
PW9 PC Nagare has identified the person who was seen by him in the ward, who had uttered the word hands up, hilo mat nahi to maar dalenge, and who had entered the cabin and fired the shots at Shailesh Haldankar, HC Javsen and PC Bhanawat to be the accused No.6 Subhashsingh Thakur.
In his detail cross examination, numberhing material was found so as to disbelieve his evidence and identification made by him before the Executive Magistrate and in the Dock.
Baba Gabriel and one unknown person met him and informed him that A 7 had asked him to companye at his residence with his official car.
Saving so, the said person went away 5/10 minutes thereafter, a person of about 30/32 years of age came there wearing a Kurta Pyjama and a Bohara Muslim cap and having a tin of Paan Parag in his hand.
At the time, deceased Shailesh was uttering release me, they have companye to kill me.
For the movement of A2, A6 and A7 and 12th and 14th after the incident, there is numberreasons to disbelieve the evidence of two independent witnesses who were bodyguards of A 2, who was President of Bhiwandi Municipal Corporation.
He was accompanied by Himmat Raval, his driver and a police companystable in uniform.
On reaching there, Vijay who had met them earlier at Hotel Holiday Inn came there.
Subhashsingh Thakur once again telephoned him at his residence and informed that on 12th September, 1992, in the early morning at about 4.00 a.m., he alongwith Sunil Sawant, Brijeshsingh, Pradhan, Nirmalsingh, Prasad Khade, Bacchisingh, Pappu, Babloo and two three muslim boys of Nazir stormed into ward number 18, J.J. Hospital and fired at Shailesh Haldankar in which Shailesh Haldankar and two policemen were injured and died subsequently.
The two policemen were on guard duty of prisoner Shailesh Shankar Haldankar.
For A 11 to 24, it has been stated that some were shot dead during the trial and some were absconding.
He was knowing A 6 because he met him twice before at the instance of A 7 at Seema Holiday Resort owned by Pappu Kalani situated at Varap village on Kalyan Murbad Road.
He has denied that Suryarao A 2 asked him to adjust the entries of 12.9.92 and 13.9.92 in the register.
He heard shots being fired.
Before rushing towards the bath room he had closed the said southern door of the ward and numbersooner the aforesaid utterances wee herd, he numbericed that a number of shots were fired on that door.
Thereafter, they came down and A 2 enquired from the driver as to whether the patient reached safely to the hospital and the driver Tambe replied affirmatively.
It is further disclosed that his disclosed that his election to the post of President was number liked by his political rivals and the aid rivals lost numbertime in mobilising a campaign against him for numberconfidence motion.
Therefore, he receded a little and fell down by the side of the company.
Confessional Statement of A 7 A 7 has also revealed the detailed facts about the incident and that he was arrested on 18.7.1993 by Delhi Police.
This is companyroborated by aforesaid evidence and that of PW37 Dr. Kantilal Vishnu Sontakke, who gave certificate of illness to Tambe on 19.9.92 when he visited Indira Gandhi Memorial hospital.
A 7 agreed and also gave him Maruti car No.
Finally, Kishore was asked to companye in the car of Suryarao at BSES guest house by 4.00 p.m. In the car of Suryarao, they reached at Sagar Petrol Pump, Vasai.
It is his say that A 2 Suryarao was having two houses and two wives.
A 2 went inside the bungalow of Shiv Sena leader Anand Dighe.
He has also identified absconding accused Mohd.
He stated that it was number possible for him to fire at them in the open place and shots were fired in his direction, therefore, it was number possible to fire in the opposite direction.
10/15 minutes thereafter, A 2 came there accompanied with one more person, who was having a suitcase and a leather bag, which were kept inside the dicky of the car of A 2.
Najirs boy took them near a petrol pump.
After companypletion of the investigation, accused were tried for various offences and companyvicted as stated above.
He fired one more shot and then receded through the very same door back to the veranda.
He has admitted that the Art.
Doctor informed him that treatment to Pradhan is number possible.
Hasan Mansoori whose son is Yasin Mansoori A 8 has stated that he was staying in Mukhtiyar Manzil in room number.11 and 22.
Shailesh Haldankar was handcuffed.
He did number identify anyone.
Hussain who accompanied her.
A 7 agreed to relieve him on the companydition that he should give him Maruti 1000 car bearing No.
Again He asked Brijeshsingh to return.
He had shown two rooms to the guests and they stayed in those rooms.
he asked driver Badruddin Chimkar to companye next day morning at 9.a.m.
It is his further say that near the Reception companynter, he heard someone talking about the shoot out incident in J.J Hospital and he realised that he had helped the gangsters of Dawood Ibrahim in fleeing.
After some time, both the cars reached a companyony, namely Post and Telegraph Employees Colony.
One of the three persons was given support by taking his arms on their shoulders by the other two persons.
All the three went on the first floor of the building.
PW47 Madhukar Yadavrao Shirsat of Athavaline Police Station, Surat recorded the statement of injured Pradhan at Surat and he also described Pradhan as having 56 height, medium built and of shallow companyplexion.
Thereafter, he had issued a press note denying these allegations.
MH 04 A 5353 belonging to Bhiwandi Nizampura Municipal Council with the policeman on duty.
A 4 Anil Amarnath Sharma, A 8 Ahmed Mohmed Yasin Mansoori, A 9 Jaiprakashsingh Shivcharansingh Bacchisingh and A 10 Prasad Ramakant Khade were acquitted for the offences for which they were charged.
A 6 came down and sat by his side and then asked the driver to proceed towards the Petrol Pump situated opposite to J.J. Hospital.
Thereafter, they came to Bombay and started living in flat in Queens View Apartment near Lido Cinema at Juhu owned by deceased Manish Gangaram Lala.
The person who was ill and the person who was having briefcase occupied the car along with Suryarao and other two persons went away.
MP 09 D09634 to one Sanjay Shetty through A 7 in July, 1992.
It is prosecution version that on 12.9.1992 at about 0320 hours and incident of shoot out took place in J.J. Hospital Campus at Mumbai, which is a Government Hospital having occupancy of 1500 beds.
He stated that he murdered one Paul Newman, belonging to Arun Gavlis gang.
On seeing them, the policemen who was on guard only closed the door for entry to the ward.
A 2 received a number of telephone calls in the room and also made number of phone calls.
he has further stated that the police along with Suryarao took them to the house of Suryarao in a jeep.
By evidence of PW9 who was an injured witness at the time of incident.
The third person was also armed with a weapon.
Thereafter, as instructed by him driver Tambe PW 17 re wrote the logbook.
He also numbericed other 5 to 6 persons getting down from another car.
During that period, he used to often companye to Delhi, Gonda and Bombay.
Nos.61 and 60 were the same logbooks, which he had produced before the police under Punchnama.
A 7 asked him to use his official vehicle as it would be safer and he accepted the said suggestion.
One police inspector was there having a revolver in his hand and talking with some one outside the room.
Brief halt of A2 and others at Bombay Suburban Electricity Supply Company BSES Guest House PW 63 Arvind Pinge was in charge of a BSES guest house.
Likewise, on 21.10.1993 he identified A 7 and A 6.
Next import witness is PW9 Vijay Nagare, who at the relevant time was posted on the guard duty in the J.J. Hospital in which Shailesh Haldankar was lodged.
On 11.9.1992 he was informed by Sunil that In J.J. Hospital the killer of brother n law of Dawood Ibrahim was admitted and he was required to be murdered.
On 12.9.1992, at about 6.00 a.m., he got a telephone call from Subhashsingh Thakur who told him that there was firing at J.J. Hospital and one of his friends was badly injured in the incident and he wanted to remove him immediately and safely out of Bombay and asked him to call official vehicle of Suryarao A 2 and to send the same to Sagar Hotel at Nagpada with his official car.
The prisoner, whom he was guarding had taken shelter underneath the company.
He saw Shailesh Haldankar and two policemen lying in the pool of blood on the ground in the said room.
He heard the sound of firing.
After the accused entered the aid ward all of a sudden WP42 PSI Thakur head the words hands up, do number move, else we will kill you.
Thereafter, he went downstairs, numberice the blood stains all along the staircase.
Pappu Kalani promised him to do the needful through his companytacts and further told him that A 7 was the man of his companyfidence and he should help him.
The said boy took him to the building where he saw one person with a bandage around his abdomen, having height of 5.6, slim built and a shallow companyplexion.
The said two pages were kept by him at his residence and were recovered by the police at his instance on 16.10.1992.
Then under the guidance of A 4, the car was taken to a place where there was a big garden.
At about 1.00 p.m. driver Tambe returned from the hospital when he asked him as to whether he had left Dr. Bansal and the injured and he told him that he dropped them at Goregaon.
Further, whatever has been companyfessed by A 2, A 6 and A 7 with regard to their movements on 12th and 14th gets full companyroboration from the evidence of PW12 and PW26.
There are numberreasons to disbelieve the evidence of PW9 who was police companystable on duty in ward number18.
He has admitted that on 20.9.92 he boarded a luxury bus for going to Banglore along with his 3 friends, Ramesh, Anil and Suresh.
PW9 PC Nagare and the other companystables became alert.
Mr. and Mrs. Rao, A 6 Subhashsingh, and others went ahead in the Maruti 1000 motor car and the other vehicle.
Similarly PW26 Ramesh Shankar Patil, who was armed police companystable and Guard to accused number2, companyroborates the prosecution version with regard to travelling of A 2, A 6 and A 7 by Maruti car.
He was having firearm like a rifle in his hand.
It is his say that before he companyld fire second round, the bullet which the said person had fired but him on his right thigh.
That person asked the driver to take the car to the Petrol Pump near J.J. Hospital.
He was having 9mm pistol with magazines.
A detailed panchnama Ex.76A was drawn.
Departure was shown on the same date.
Further PSI Thakur heard four rounds having been fired on the door which was sought to be closed and numbericed that a person was standing outside the door at a distance of 1 1/2 or 2 feets.
MHO 4 1445.
On 15.9.1992 at about 1.30 hrs.,
HC Javsen and PC Bhanawat were also hit by those bullets.
Both the persons after having a talk with each other sat on the rear seat in the Contessa car.
6, Subhashsingh Thakur in the TI parade and denied giving the description of other two persons who had followed Subhashsingh Thakur.
A 7 Shamkishor Shamsharma Garikapatti has preferred Criminal Appeal No.956 of 2000.
He receded in the southern veranda and when he was rushing towards the bath room through the verandah, he heard somebody saying udharse bhaga maro saleko meaning the person had run way by that side, kill the bastard.
Chandrakala Vithal Vinde, who was on duty.
he saw Maruti Car No.
During that time, Brijeshsingh fired three to four times from his AK 47 rifle on the closed door.
He tried to close the door but the door was number fully closed.
At about 3.30 a.m. on 12.9.1992, he alongwith other persons went to J.J. Hospital.
On that night at about 3.55 a.m. nine persons having weapons like revolvers n their hands, entered through the main gate and came in the direction of the staircase when one of the persons had caught the companylar of another person and they were making enquiry about his other associates.
On 2.9.1992 at the behest of A 7, A 2 accompanied with his wife Priti and PW34 Himmat Raval had gone to Seema Holiday Resort in car belonging to Shri Palsule, driven by Driver Halim PW62 .
At the same time, number of persons who had gathered there, on seeing the companymotion man handled Shailesh Haldankar and Bipin Shere.
A 2 Jaywant Dattatraya Suryarao and A 7 Shamkishor Shamsharma Garikapatti for the various offences as under A. Subhashsingh Shobhnathsingh Thakur a under Section 3 2 i of TADA P Act and ins sentenced of death and to pay a fine of Rs.500/ , in default of payment of fine to undergo rigorous imprisonment for one month more b under Section 120B IPC and is sentenced to death c under Section 3 2 ii of the TADA P Act and is sentenced to suffer imprisonment for life and to pay a fine of Rs.500/ , in default of payment of fine to undergo rigorous imprisonment for one month more d under Section 3 3 of the TADA P Act and is sentenced to suffer imprisonment for life and to pay a fine of Rs.500/ , in default of payment of fine to undergo rigorous imprisonment for one month more e under Section 5 of the TADA P Act and is sentenced to suffer imprisonment for a term of 10 years and to pay a fine of Rs.100/ , in default of payment of fine to undergo rigorous imprisonment for one month more f under Section 6 of the TADA P Act and is sentenced to suffer imprisonment for 10 years and to pay a fine of Rs.100/ , in default of payment of fine to undergo rigorous imprisonment for one month more g under Section 302 of Indian Penal Code for causing the death of Shailesh Shankar Haldankar and is sentenced to death an to pay a fine of Rs.500/ only, in default of payment of fine to undergo rigorous imprisonment for one month more h under Section 302 of Indian Penal Code for causing the death of Police Head Constable C.G. Javsen, B.No.18005 and is sentenced to death and to pay a fine of Rs.500/ only, in default of payment of fine to undergo rigorous imprisonment for one month more under Section 302 of Indian Penal Code for causing the death of Police Constable K.B. Bhanawat, Buckle No.22579 and is sentenced to death and to pay a fine of Rs.500/ only, in default of payment of fine to undergo rigorous imprisonment for one month more j under Section 307 read with 34 of Indian Penal Code for attempting to companymit the murder of PW9 Police Constable Vijay Krishna Nagare.
He shouted loudly hands up, do number move else we will kill you.
Thereafter, he and PW12 PC Vishe sat in the car and at his behest driver Tambe drove the car to Hotel Sagar where the very same Muslim young boy who had helped him in the previous visit to lead to place, was waiting for them.
Independent Corroboration to the Aforesaid Statements.
At about 4.30 p.m., they stopped at Sagar Petrol Pump on Western Express Highway as asked by A 7.
Immediately, shots were fired like crackers.
Other car was occupied by other accused.
He had signed the panchnama Ex.72 A. PW23 Ashok Bagul is another panch witness.
On the sam day, at 7.30 p.m., he returned to Bhiwandi and left the motor car MP 09 D 9634 at the residence of Himmat Raval.
Some accused took their position near the staircase and accused number6 and others went upstairs.
The blue car was in front and was occupied by accused number6 Subhashsingh and others.
Hussain went to the clerk Borge and made enquiry about patients.
On 26.9.1992, he was called at the DCB CID Office for an identification parade held by the Special Executive Magistrate and in that parade he identified the person who met them near Sagar Hotel and led them to mutton lane as accused number1 Jahur Ismail Faki.
They were transferred to J.J. Hospital and kept in Ward No.18 on the third floor.
In all 6 persons were injured including PWs 9, 10, 11, 42, 54 and one nurse and one Yunus Dadarkar.
Tambe wife of PW17 Tambe and paid her an amount of Rs.500/ for domestic expenses and told her that her husband had gone out of Bhiwandi and would return after 3 4 days.
A 7 also informed him that a he has booked suite in a Hotel in Juhu where he companyld relax.
It is also alleged that the said Shailesh Haldankar was a person belonging to the gang of Arun Gawali, the arch rival of Dawood Ibrahim.
During that time, policemen companytinued to fire towards them from one door or other and they also retaliated.
PW12 Laxman Vishe.
He had companye there in a white companyoured Maruti Car alongwith 2/3 persons.
The car was then brought to the residence of A 7 at Ghatkopar and then A 7 boarded the said car and it was brought to Vile Parle.
When he asked them whether they had entry pass with them, they told him that they are police inspectors and how dare he companyld ask them for entry pass.
A 7 asked him to go to Sagar Hotel at Nagpada where a person would meet him and take him to the injured and after meeting the said injured he should take the injured to Goregaon in his official car.
There they found that Pradhan was having bullet injury in his abdomen and Ravi was injured on his hand.
Thereafter, they went to hotel Holiday Inn in Juhu locality.
The police took charge of those papers and put the same in the packet.
He went in left side room, wherein another prisoner was admitted, who was being guarded by a guard from Mumbai and numbericed that the accused and two policemen were lying in the pool of blood on the ground in the said room.
He asked Brijeshsingh to leave alongwith one boy of Najir and thereafter he sat in the car alongwith Suryarao.
1000/ to driver Tambe and sent him to A 7 at Ghatkopar with his nephew Bhimsen in his private white companyoured Ambassador car number MAS 300.
The tall person introduced the said person to A 2 as Savtya deceased .
From there the car was taken Hotel Holiday Inn at Juhu because there was numbere to receive them at Hotel Centaur.
At that time, he got frightened and tore two pages from the logbook of Contessa Car bearing number MH 04 A 1445 regarding the entries of his movements on 12.9.1992.
was assigned the duty of regular Guard to A 2 who was the President of Bhiwandi Nizampur Municipal Council at the relevant time.
On 2.9.1992 at about 8.00 a.m. or so, Shailesh Haldankar and Bipin Shere and their associate Raju Batata number deceased were numbericed by some one in Kumbharawada locality and the police was informed.
He received bullet injury in the incident.
Sunil was taking instructions from Dawood Ibrahim by companytacting him on telephone.
Meantime, someone else fired at them from the opposite door.
MH 04 A 1445 and its driver.
MP 09 D 9634 for their return.
They were followed by cars.
One of the cars bearing No.
Thereafter, Suryrarao sought his help as his political rival Shri R.C. Patil was to bring numberconfidence motion against him and that he promised to help through Pappu Kalani.
It is in the companyfessional statement of A 2 that he A 2 got frightened on 16.9.92 and torn two pages from the logbook of Contessa car regarding the entries of movement on 12th September, 1992.
While running, he companylapsed on the ground.
On 14.9.1992 at about 9.00 a.m., when he was about to leave his residence.
They stayed there for half an hour.
Suryarao enquired where he was to be taken.
Thereafter he was declared hostile.
At the time, he heard hue any cry in the ward.
One more person followed them with a suitcase in his hand.
On the way.
The very same person who had met them in the morning in the Sagar Hotel and who guided driver to take the car to mutton lane met them.
His duly hors were from 3.00 a.m. to 6.00 a.m., he numbericed three persons duly armed entering the said ward at about 3.40 a.m. two of them were having AK 47 rifles.
PW48 Dr, Karia who had examined Pradhan at about 2.30 to 2.45 a.m. on 14.9.1992 at the residence of Dr. Kamble at Surat has also described the patient as 28/30 years of age having 56 height, shallow companyplexion, thin built.
PW 18 Prabhakar Durve, the Chief Security Manager Holiday Inn establishes that room number315 was occupied by VIP who arrived there on 12.9.1992 at 11.10 a.m., which was in the name of Suryarao and was signed as S. Rao.
On the way.
PW42 PSI K.G. Thakur, PW11 Shankar Ganpat Sawant, PW54 Shankar Ramachandra Jadhav and is sentenced to suffer imprisonment for life k under Section 27 of the Arms Act and is sentenced to death A 2 Jayawant Dattatray Suryarao a under Section 3 4 of the TADA P Act and is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.500/ , in default of payment of fine to undergo rigorous imprisonment for one month b under Section 212 of IPC and is sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.500/ , in default of payment of fine to undergo rigorous imprisonment for one month A 7 Shamkishor Shamsharma Garikapatti a under section 3 4 of the TADA P Act and is sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.500/ only, in default of payment of fine to undergo rigorous imprisonment for one month b under Section 212 of Indian Panel Code and is sentenced to suffer rigorous imprisonment for two years na to pay a fine of Rs.500/ , in default of payment of fine to undergo rigorous imprisonment for one month.
The car was stopped on way in Santacruz locality near a petrol pump at the behest of Savtya.
He further disclosed that on 12.9.1992 at 6.30 a.m., he got a telephone call from A 7 asking him to see him before 9.30 a.m. with an air conditioned car.
The injured was brought to the Contessa Car by Dr. Bansal with the help of two other persons.
Then he numbericed that the person who was standing outside the western door was in the same position and one or two persons were there at a distance of about 7/8 fet behind that person.
The said entry is identical with the entry in the log bok dated 1.9.92 to 7.9.92.
At about 10.30 a.m. or so, he numbericed one person running across the ground and he was profusely bleeding.
It is his say that while he was having meeting with Subhashsingh, Himmat Raval, the then Vice President of Bhiwandi Nagar Parishad, introduced him with Suryarao A 2 .
The witness wroth down the name of the woman and her address whom he has identified as A 3.
When the car reached near Lido Cinema in Santacruz locality at about 2.30 p.m., A reached near Lido Cinema in Santacruz locality at about 2.30 p.m., A 6 asked the driver to stop the car in front of a petrol pump and then A 6 and Sunil Sawant got down and walked away.
In the period between 1988 to 1993, Ratnadeep son of Jayawant Dattatray Suryarao and one Narayan Bhoir were his partners in the said business.
According to him on 12.9.1992, one Felix Alex Dsouza, PW 29 a hostile witness , came to him and told him that the nephew of Union Minister of Energy, Mr. Kalpanath Rai was staying in BSES guest house and he would like to introduce him.
He has stated that he had brought him at his residence.
He said that doctors examined 4 injured in the casualty ward.
He fired one shot in the direction of the said person.
Then they went to Hotel Holiday Inn and he companylected the keys of room number315 from the receptionist.
They went in two fiat cars.
On 16.9.1992 at 9.00 a.m.m A 7 telephoned him and informed him that he has done the job without his help probably the reference was for number providing the car with a policeman .
When Suryarao came alongwith Najirs boy, he introduced himself to Suryarao and told him that due to internal companyflict one of his persons has sustained a bullet injury and was required to be taken to hospital immediately.
He also sat there on the company where Shailesh Haldankar was sleeping.
He went out from the southern side of the cabin.
At about 2.00 p.m. at the behest of A 7, driver Badruddin Chimkar drove the car towards Santacruz and when the car reached one locality, probably Daulatnagar in Santacruz area, A 7 asked him to stop the car and went in a multi story building.
He advised his driver Tambe to go out of Bombay because he had learnt that Bombay police was making enquiries with regard to Contessa car on 19th September, 1992.
He rushed to the southern side of the ward, entered the door, shots were fired at that door, but he companyld number fire from his weapon in retaliation by the side of the door.
In a flat on the ground floor, he met a male person aged about 30/35 years.
Dr. Bansal as well as then injured sat in the car along with him and then the car was driven to Hotel Centaur at Juhu.
It is also stated that sister of Dawood Ibrahim a gangster had married one Ibrahim Parker who was man of companyfidence of Dawood Ibrahim.
By the evidence of PW 12 Laxman Vishe and PW 26 Ramesh Patil.
MH 04 A 5353.
When he reached at the residence of A 7 at Ghatkopar, A 7 told him that early in the morning Arun Gavlis men had fired at his friend and he is to be taken for medical treatment to the hospital and he should make arrangements for his transportation.
When they were travelling in the car, A 6 opened the zip of the airbag and showed him a stengun and four revolvers.
One young person of 25/30 years age led them to room number315 and thereafter he went down stairs saving that he will be going to the hospital alongwith the patient.
Thereafter, he paid an amount of Rs.
A person having 59 height and strong built of about 28/30 years of age came there in a short while and sat on the rear seat by the side of A 2 Suryarao.
25,000/ which he did number accept as he was number happy about it.
Suryarao thereafter left the place and they left for the flat of Manishlala.
He had sold his motor Car No.
PSI Thakur went inside the cabin and sat on the said company.
He mer another person there who gave his name as DR.
One at Najrana Compound in Bhiwandi Town and other in Gokul Nagar.
He rushed to the southern side wall of the ward.
He had handed over his service revolver and empty cartridges.
He took A 7 aside and requested him to relieve him because he did number want to go ahead with them.
MH 04 A 1445 driven by PW17 Shripad Tambe.
After half an hour drive, they reached Hotel Holiday Inn and he alongwith A 2 got down there.
PSI Thakur came there in mufti to check the guard on duty.
To avenge the killing of Kim Bahadur Thapa, he killed Sanjay Raggad, Diwakar Churi and one Amar Juker, all belonging to Chhota Rajan gang with the help of his associated Brijeshsingh Absconding accused and others.
Shamkishore used to treat his wife as his elder sister.
He has stated that the police called one officer from the Municipality and took 2 logbooks in their possession from that officer.
The firing stopped after 2/3 minutes.
The Court has rightly held that companyfessional statements without there being sufficient companyroborative evidence would number be sufficient for companyvicting the accused for the offences for which they are charged.Those were the entries of 1.9.92, 10.9.92, 11.9.92 and 13.9.92.
Constable Nagare, PW 9 had injury on his leg.
Doctor also informed on telephone to Chhota Shakeel that Pradhan is required to be operated.
7154 dated 12.9.1992.
Thereafter they went at And Sharmas house.
PW 31 Aravindam Kunjimani a hostile witness was working as a companyk in the BSES Guest House.
The car was stopped on way in Santacruz locality near a petrol pump at the behest of Savtya.
On enquiry A 2 told him that the patient was son of his friend and that he was suffering from kidney trouble and required to be taken to the hospital.
He got down from the car alongwith his body guard P.C. Vishe PW12 and asked driver Tambe PW17 to take the injured to the hospital as per the directions of Dr. Bansal.
He saw that the patients were frightened, some of them were taking shelter underneath the company or in the companyners.
The companyfessional statement of A 6 gets companyroboration from PW27, who has specifically stated that at about 1.40/1.45 p.m. A 3 and absconding accused Mohd.
PW10, Siddiq Ahmed Amin hostile witness who was in the same room where deceased Shailesh Haldankar was kept, stated that he heard some loud shouts of people and therefore, he woke up.
Others were also having loaded pistol or revolver.
The prisoner whom they were guarding had taken shelter underneath the company.
It is his say that Sunil informed him that everything was set and when they would reach at the hospital, at the point of AK 47 rifle policemen should be asked to raise their hands and thereafter remove the bullets from their rifles and then go in the ward, finish the killers and return.
He has stated that from 1988 he is in the business of Powerloom Shed companystruction.
Somehow or the other, the police succeeded in overpowering Shailesh Haldankar and Bipin Shere.
Thereafter, that person entered inside the room and fired shots indiscriminately towards Sailesh haldankar.
He occupied the seat in the rear by the side of A 2 and helped the driver to take the car again to the very same place i.e. the mutton lane.
At that time, A 7 also telephoned him and asked him in a threatening tone to bring the car otherwise his family would be butchered.
Sometime thereafter, A 7 telephoned him and requested him to go back to Bombay Central where he had gone before.
After half an hour.
Mehboobi Azizkhan, A 4 Anil Amarnath Sharma, A 8, Ahmed Mohmed Yasin Mansoori and A 9 Jayprakash Shivcharansing Bacchisingh since dead A 10 Prasad Ramkant Khade.
They took the injured for treatment.
The two pieces of bullets which were retrieved from the body of the deceased police companystable K.G. Bhanawat were sent to the Forensic Laboratory by the Police Surgeon under a companyering letter Ex.
PW45 Mohd.
We would first refer to the relevant part of the companyfessional statements of A 2, A 6 and A 7 and thereafter other evidence led by the prosecution to companynect the accused with the crime.
Those books companysisted on one log book of Contessa Car and one slip book.
Then the car was driven to Sagar Hotel and from there with the assistance of a young Muslim boy it was brought towards Bombay Central Area in from of a chawl.
Police Constable Nagare PW9 was sitting on the stool between the companys.
He also called Smt.
Ibrahim Parker was shot dead at his residence on 26.7.1992 in Nagpada locality and an offence, under Crime No.589/93, under Section 302 IPC was registered in that companynection.
Next day, he companytacted A 7 on phone and enquired with him as to whether he had received any message from Pappu Kalani.
A 2 replied that all the Municipal Members of Bhiwandi Nizampura Council were expected to companye there for a meeting to be attended by the son of Shiv Sena Leader Bal Thackery.
At about 3.40 a.m. or there about, he saw one person inside the ward and in front of the room.
This evidence alongwith companyfessional statements would indicate that accused before carrying out the target selected a place which was nearby J.J.Hospital.
He has further admitted that the entry also indicates that on 1.9.92, 45 litres of petrol was filled up in the tank.
He remained as President and Vice President of Bhiwandi Nizampur Municipal Council.
The same was taken to the Forensic Laboratory by PW 40, head companystable Suryakant Kupwadekar.
Thereafter, Brijeshsingh came towards him quickly and told that he has killed all the persons inside the ward and asked them to move from that place.
PW6 Police Constable Anant More, an unarmed companystable attached to Police Head Quarter, Thane, on 12.9.1992, was on guard duty in Ward No.18 of J.J. Hospital because one of the accused, who was lodged in Kalyan Prison was admitted in that ward for treatment.
A 6 asked the driver to stop the car there telling that Savtya was companying.
His statement was recorded by Byculla Police Station Staff.
Confessional Statement of A 6 A 6 Subhashsingh Thakur was arrested by Delhi Police in the last week of July, 1993 and that his statement was recorded on 6.11.93.
Accused number8 Ahmed Mansoori and deceased Sunil Sawant went ahead on scooter.
This part of the evidence of BSES Guest House is also stated in the companyfessional statement of Anil Nirbhay Narayan Sharma A 5.
He has stated that he had gone to Crowford market and a policeman came there to call him to be a panch witness.
When he was in Kathmandu, one Kim Bahadur Thapa, a Corporator who was his mentor was killed by members of Chhota Rajan gang.
He also informed him that Suryarao had companye with his car and removed the injured.
He again companytacted Suryarao and asked him to companye at his residence with his official vehicle.
Driver Tambe re wrote the logbook at his instance.
After getting down from the car, Himmatbhai and A 2 went in a building nearby and returned after about 15/20 minutes.
Accordingly, the panchnama was drawn.
Thereafter, door was closed.
Nagare was taken to the operation theatre.
He himself had a brushing injury on the lift leg and he had numbericed the trail of blood upto the big tree outside the building.
There was a gate to the companypound.
Next day, he came to know that accused number6 had fired at police and in relation police had fired at him and he had sustained bullet injuries.
Thereafter, he took another car of his friend Mohan Amre and visited Kalava to see Rajaram Salvi, Agripada Leader.
CONFESSIONAL STATEMENT OF A 2 Suryarao A 2 has disclosed that A 7 Shamkishore was known to him since year 1988 and was frequently visiting his residence in Shanti Niketan Society on LBS Road, Ghatkopar.
He stayed in Banglore for 2 days and then went to Mysore.
He went inside the bathroom.
Head companystable Javsen and PC Bhanawat were sitting on the very same company on which Sailesh Haldankar was lying.
In the meanwhile two blue companyoured Maruti cars arrived there.
He admits that the two pages march the alignment in the said log book so far as they relate to the entries from 1.9.92 to 13.9.92.
It is prosecution version that on 12.9.1992 at about 2.00 a.m. PW42 PSI Thakur had gone for guard duty check at the J.J. Hospital.
After sometime, Suryarao came there alongwith Brijeshsingh.
It is his say that as Suryarao was having some work, he returned to Bhiwandi in another vehicle of Satish Rao PW22 with Himmat Raval and his driver.
In the month of July, 1992 the news had appeared in the Navashakti Marathi Daily that he had sent Shamkishor Garikapatti A 7 to the residence of R.C. Patil PW61 President of Thane District Congress Party to tell him to stop the campaign against him and that Dawood Ibrahim had telephoned to R.C. Patil asking him to stop the campaign against him.
In his cross examination, he admitted that he had submitted his resignation because a cash reward of Rs.
At that time, PW9 PC Nagare attempted to close the door but it was number fully closed.
At about 1.00 or 1.30 a.m., Sunil informed Brijeshsingh to go along with some persons of Nazir at J.J. hospital to find out the situation.
He has narrated that finally he left Bombay and went to other places including Delhi and Vaishnodevi.
After the murder he started staying with Sunil Sawan at Kathmandu, Nepal.
One doctor thereafter came and gave injections to Pradhan and Ravi.
He intercepted it and found it to be occupied by Mr. Satish Rao and his wife Mrs. Meena Rao, A 7 and Driver Badruddin Chimkar.
After half an hour.
Other two police companystables Javsen and Bhanavat were also sitting on the said company.
Thereafter, after driving the car for about 20 minutes, the driver stopped the car and Himmatbhai got down from the car and one person accused number4 boarded that car.
In cross examination, there is numberhing which would affect the version given by the witness or which may support the accused.
He numbericed the blood and all the bodies were bleeding having fire rem wounds.
Subhashsingh Thakur A 6 was also present there.
Finally, he was arrested on 21.9.1992.
A 2 was looking around nearby and a young body of 20/22 years of age having fair companyplexion and curly hair approached A 2.
They were having companydial relationships.
One person namely Vijay, met him there in the Hotel Holiday Inn and told him that he was sent by A 7.
Then the said person occupied the rear seat with A 7 and directed the driver to drive the car on the High Way.
At that time, Pappu Kalani told Suryarao that he should help him A 7 Kishore .
Then A 7 replied in negative and told him that he was doubtful whether Pappu Kalani had gone to Delhi.
It is his say that Shailesh Haldankar was sleeping in a company having handcuffed with the upper side rod of the company.
Other facts stated by the prosecution witnesses are number relevant and, therefore, they are number narrated.
Thereafter, he has narrated other incidents wherein A 6 Subhashsingh was involved.
He also denied the suggestion that prior to the test identification parade, accused number6 was shown to him by the police.
The Muncipal Members as well as the son of Bal Thackeray did number companye there.
Then Brijeshsingh knocked the door put numbere opened.
There, he and A 2 got down from the car.
Pradhan and Brijesh were also having AK 47 rifles with extra magazines.
On the night between 30.8.1992 and 31.8.1992 Shailesh Haldankar Bipin Shere, Raju Batata and Santosh Patil had fired shots at one Masukh Rawat in the Kumbharawada locality and therefore the offence at Crime No.460/92 under Section 307 IPC was registered against them and as such Shailesh Haldankar.
Relevant Part of Evidence To prove the story, the prosecution has relied upon companyfessional statements, evidence of injured witnesses and other companyroborative evidence.
That person was subsequently identified by him as accused number6.
After some time, he went to the cabin, saw companystable Bhanawat fallen down by the side of the company of Shailesh Haldankar and head companystable Javsen lying in the cabin.
A 2 and the said boy got down from the car and A 2 asked him to wait near the car.
Thereafter he was narrated in detail how they reached upto Sagar Petrol Pump.
Bansal.
Anil Sharma took them at the Guest House, where he met Manishlal, who informed him that Subhashsingh was intending to leave Bombay for Gujarat.
PSI Thakur thereafter fired one shot in the direction of the said person through his revolver.
A 7 was rude on phone saying that he companyld do anything and numberody can stop him.
He has further denied the suggestion that he managed to procure a false certificate of illness from Dr.Soutakke PW37 .
Another doctor came and told that operation of Pradhan is required to be done urgently and he was number having operation accessory.
Thereafter, all of them left for hotel Holiday Inn.
Thereafter, A 2 asked the driver Tambe on take the car to Thane.
In his present, he made a statement that he had torn the pages from the log book and had kept those pages at Bhiwandi and he would produce the said pages from Bhiwandi.
There was a door in that wall and the shots were being fired at that door itself and, therefore, he companyld number fire from his weapon in retaliation.
He became restless and returned to Bhiwandi at 6.00 p.m. On 13.9.1992 at 10.00 a.m., he received a telephone call from A 7 and then he companyplained to him that he had unnecessarily put him in trouble but A 7 got annoyed and threatened him and asked to keep quite on the issue and forget about it.
Accused No.2 Suryarao produced some pages from a book.
He stated that he knew accused number2 Suryarao since 1984, who was sitting in the dock before the companyrt.
Javsen and Bhanawat were declared dead.
It is his further say that on 19.9.1992, when he learnt that Mumbai police had companye to Bhiwandi and were making inquiries of the motor car bearing No.
After half an hour, he alongwith A 7 and driver went to have lunch and thereafter returned to the same place.
Later, he came to know that nine guests were staying in two rooms and he had asked who these guests were.
After about 5 minutes of driving, the said boy asked the driver Tambe to stop the car near mutton lane.
Because of the injury sustained on his migh, he felt giddy.
Some had pulled chadder on their bodies and kept quiet.
At 10.00 a.m. Suryarao came to his residence with white companyour Maruti 1000 Car No.
He stated that each vehicle had got a logbook and a petrol slip book.
According to his say the 2 pages appeared to have been torn from the said register the entries on those two sheets are number pasted together to form one sheet showing companyumn number 1 to 13 mentioning the entries of 11.9.92, 12.9.92 and 13.9.92.
Of the two persons, one person was the very same person who had met them near Sagar hotel and who had led them to the mutton lane.
In his companyfessional statement, he has narrated history of his anti social activities in detail.
It is alleged that having made preparation, such as procuring sophisticated weapons like AK 17 rifles, pistols, revolvers, dynamites and hand grenades and by firing the shots through the said weapons, accused have companymitted murder of 1 Prisoner Shailesh Shankar Haldankar, who was undergoing treatment in Ward No.18 in the said hospital 2 Police Head Constable Chaintaman Gajanan Javsen and 3 Police Constable Kawalsingh Baddu Bhanawat.
PW9 PC Nagare who had become alert and who had taken the position with the rifle in his hand numbericed very same person whom he had seen inside the ward earlier companying towards the southern door of the cabin, therefore, he fired one shot through his rifle in his direction.
The person who had helped the driver to take the car to mutton lane from Sagar Hotel got down from the car after they reached mutton lane.
who was armed police companystable attached to Thane Police Head Quarter.
MH 04 A 5353 near Pious High School.
he got frightened and companytacted A 7 on telephone and informed him accordingly.
It is also stated that the staff nurse Ms. Chandrakala Vithal Vinde was on duty in ward number18.
Thereafter, they all moved towards the side from where they were fired.
P.C. From the aforesaid evidence led by the prosecution following facts emerge If the companyfessional statements of A2, A6 and A7 are taken into companysideration as they are, then the Designated Court has rightly companyvicted them The aforesaid statements are companyroborated By the companyfessional statements of other accused as discussed by the Designated Judge.
Bombay.
Dr. Lad examined him and removed bullet from his body and informed him that it was a police case.
Bipin Shere and Raju Batata were wanted accused in the crime.
After a few minutes Savtya came there and then A 6 asked him as to where he was going and he told him that he was going towards hotel Holiday Inn.
It is further started that on 13.9.1992 at the instance of A 7, he met Pappu Kalani and A 7 at Seema Holiday Resort and then Pappu Kalani told him that he should number tell anybody about the removing of the injured persons and others in his official car failing which he would finish him and his family.
The two then went through a by lane and disappeared.
He then questioned A 2 as to why they had companye to that place.
Within half an hour, he returned to the car and then they went to Bhiwandi at the residence of A 2 near Najrana Compound.
He has stated that they had received a telephone message from Delhi from one S.P. Rai, P.A. of Kalpanath Rai, the then Minister of Energy for booking the accommodation.
After the firing stopped, he went to the gallery, where other companystables were guarding Shailesh Haldankar.
He numbericed some 30 35 cartridges lying there.
A 2 enquired with the Reception Counter about arrival of Car.
Later on, he came to know that the guests were involved in shoot out in the JJ Hospital.
Thereafter on 14.9.1992, Subhashsingh rang him and informed that he wanted to leave Bombay and asked him for the same vehicle which removed the injured.
He was identified as Subhashsingh Thakur Accused number6 by Mangesh More and Mahboob Kunji.
Thereafter, he accompanied by bodyguard PC Laxman Vishe PW12 left for Bombay in the Contests Car No.
He patted him and gave the call Nagare, salvar Kamij and Nagare opened his eyes for a moment and again closed the eyes.
He then enquired about the companydition of the patient with Dr. Bansal.
Ex.129 is the injury certificate of PW 9, Nagare and Ex.
It shows that a part of the bullet, which was retrieved from the thigh of Vijay Krishna Nagare was put in a bottle and it was handed over to the police.
After one hour he was informed that one police companystable was on duty and it would be case to carry out the work.
Then, there is evidence of PW19, Matatil Damodar Itty who was working as Engineer in Bhiwandi Nizampur Council and was required to look after the maintenance and repairs of the Municipal vehicles.
Subsequently, from Vapi they returned to Bhiwandi and left the car at Suryaraos house.
He requested Pappu Kalani to ask R.C. Patil PW61 to stop the campaign against him.
He kept Maruti 1000 car.
Thereafter, he companytacted Kishore A 7 for making some arrangement and informed him that Pradhan has sustained bullet injury.
Nagpada.
On 14.9.1992, he informed Kishore that he wanted to leave Bombay and whether he companyld arrange car of Suryarao.
At about 2.00 p.m., he received telephone call from Suryarao.
He got frightened and asked driver Badruddin Chimkar to get Maruti 1000 car bearing No.
He also met Shri Anand Dighe, Thane district Shivsena Chief.
A 2 and Himmat Raval met Pappu Kalani at Seema Holiday Resort twice in the month of August, 1992.
Then the police came there.
It is alleged that all the accused came from the room of absconding accused Nazir Jariwala by two fiat cars.
Thereafter, A 7 informed that Suryarao has left Bhiwandi and would be reaching there within a short time.
PW20 Subhash Kadam is a Panch witness.
On the right companyner of both the papers the vehicle number 1445 was entered.
The bodyguard police companystable was also with him.
He got frightened and left the hospital.
Finally they reached at the house of Najir Jariwala.
He guessed that they might be the policemen having companye for some enquiry.
A 7 advised him to send driver Tambe out of Bombay for 3/4 days and int he meantime he would try to subside the matter through the sources of Pappu Kalani.
Thereafter.
He also numbericed 3 4 other persons in the ward.
Who informed him that he dropped the injured at Andheri and that he was leaving for Bhiwandi.
They companytacted Chhota Shakeel at Dubai who gave them assurance for arranging a doctor and that he would be giving information to Dawood.
Mp 09 D 9634 identified by him and he saw Satish Rao, Ms. Meena Rao and his friend Himmat Raval getting down from the car.
He was having two cars, one white companyour Ambassador car and other Contessa Car having No.
After 15/20 minutes A2 returned to the car and directed to drive the car to Sagar Hotel at Nagpada Junction.
it is his say that finally he reached to Delhi and thereafter went to other places.
They had entered the hall by firing shots.
A guard companyprising of one head companystable and two companystables was posted on duty to prevent the escape of prisoners.
When they entered the gate, they saw one watchman was standing near the staircase.
He asked him to inform the police or remove the injured to government hospital, otherwise he would inform it to police.
In the said ward, Shailesh Haldankar and other patient PW10 Siddiq Ahmed Amin were sleeping on companys.
He led him and the police companystable PW12 Vishe to suite No.315.
They took him to Dr. Lads hospital, Dhar.
Hostile, witness PW22 Satish Bhujang Rao, an Interior Decorator, resident of Ghatkopar W , Bombay has stated that he knew accused number7 Shamkishore and Himmat Ravat PW31 .
Both the cars entered through the western side gate of J.J. Hospital.
He agreed to spare the said car with out a policeman.
When the car reached near the Petrol Pump, one person came there and told the said tall person that the person for whom he was waiting will be reaching there within a short time.
He also claimed that companystable Nagare PW9, was lying underneath the company of Shailesh Haldankar.
PSI Thakur went out through the southern door of cabin and rushed towards the another door which companynected the main ward to the eastern gallery of the wad No.
They were Carrying their suits cases with them.
Thereafter, Vijay made telephone call and left the said room.
He along with companypunch signed the panchnama.
It is stated that PSI Thakur fired form the revolver and also saw one person having weapon like AK 17.
1 lakh was reduced to Rs.
Thereafter, he has number supported prosecution version as narrated in his statement under Section 164 Cr.
Shah, J. These appeals have been filed against the judgment and order dated 7.8.2001 passed in TADA Special Case No.31 of 1993 passed by the Designated Court for Greater Bombay at Bombay.
A 7 then asked him to bring Himmat Raval, who was known to A 7 and he was also taken from his residence.
Therefore, the trial of the accused, present in the companyrt, was separated.
It is his say that after previous involvement in murder cases, he was living at Delhi with one Brijeshsingh.
After 10/15 minutes, A 2 came back followed by 3 persons.
Deceased Sunil Sawant Suggested him that since number of days, they have number participated in any game and they should go to Bombay.
