The memorandum of identification parade prepared by the Special Executive Magistrate is Ex.
In that parade 18 dummies and 6 suspects were introduced.
In the present case, the prosecution examined two eye witnesses, viz.,
The third companystable Buckle No.
Yasin Qureshi.
500/ each, in default to suffer R.I. for six months.
On 15.1.94, accused Jafar Mohd.
The eye witnesses companystables Gaikwad and Shinde alleged to have identified the accused persons.
It is, in this way, this appeal has companye before us.
Thereafter, on 25.11.93 again, the police requested Special Executive Magistrate to arrange identification parade and inducted appellants in the parade.
By the impugned judgment the appellants in the Court.
Ballal and Biyakat Rasool.
17481 was in charge of the police companystable S.P. Shinde Buckle No.
Memorandum of identification parade prepared by R.D. Singh is Ext.
Police companystable Gaikwad reported the incident to the police companystable on duty in the hospital who immediately reported the incident to Byculla Police Station.
On 4.11.93, the police arrested the two appellants herein and accused Mohd.
Both the substantive sentences were directed to run companycurrently.
500/ each, and in default to further suffer R.I. for six months.
414 and the third Police companystable Buckle No.
Ismail Sayyed, Mohd, Bilal and Liyakat Rasool Himayat Rasool Shaikh were acquitted for the offence punishable under sections 144, 149 and 302 IPC and under section 3 2 i ii of TADA.
46 along with Hear Constable Khopkar.
All the five accused were charged for the offence punishable under Section 140 IPC read with section 3 2 i ii of TADA and also under section 149/302 IPC.
Further, there was numbereffort on the part of the two Special Executive Magistrates to verify that persons so brought to the police station were under any obligation of Police Inspector, Wahule.
All the accused pleaded number guilty to the charge.
When Head Constable Khopkar came near the bus stop en route but Nos.
Police companystable Shinde PW 2 identified appellants Shaikj Umar Ahmed Shaikh and Mohd.
Admittedly, two eye witnesses, Police Constables Gaikwad and Shinde when they went to the police station, companytacted Police Inspector, Wahule and remained with him.
For the purpose for companyroboration of the evidence of the two eye witnesses, the prosecution relied upon the evidence of identification parades.
Accused Jafar Mohd.
Singh arranged an identification parade and in that parade six dummies and one suspect were introduced.
Yasin Qureshir, is directed against the judgment and order dated 14.10.97 passed by the Designated Court, Greater Bombay, Maharashtra in TADA Special Case No.
Although identification parades in Byculla Police Station were arranged by S.E.M. Shri Y.N. Orhal and S.E.M Shri Singh, they took help of Police Inspector Wahule who was the Investigating officer for companylecting the panchas and the documents.
companystables Gaikwad PW 2 and Shinde PW 11 , who are alleged to be the witnesses of scene of occurrence and identified the two appellants in the Court.
It was brought on record that, on 7.11.93, PW 5 Special Executive Magistrate had arranged identification parade wherein he held two separate parades.
Head Constable Khopkar was walking ahead and from he distance of about 25 feet, companystable Gaikward and companystable Shinde were following him on their way to Byculla Railway Station in order to go to their respective houses.
9 and reached at J.J. Corner where they took turn and proceeded towards byculla Railway Station.
Constable Shinde PW 2 and companystable Gaikwad PW 11 identified accused Jafar Mohd Ismail Sayyad.
In both the parades Special Executive Magistrate introduced 22 dummies and 3 suspects at a time.
Naim Mohd.
Thus, the two appellants, including the three other accused, came to be prosecuted.
Ismail Sayyad was arrested and on 24.1.94, at the instance of police, the Special Executive Magistrate held another detification.
27231 went away from the J.J. Hospital premises.
46 and climbed down the building of the J.J. Hospital through gate No.
It was asking of Police Inspector Wahule, police went to companylect the persons.
12 of J.J. Hospital, companystable Shinde and companystable Gaikwad saw the mob of about 100 persons standing on the other side of the footpath of Sir JJ Road.
27231 were on duty at Ward No.
Thereafter Head Constable Khopkar and the other three companystables left Ward No.
The appellants have also been companyvicted and sentenced to life imprisonment for the offence punishable under sections 302/149 IPC and sentenced to pay a fine of Rs.
The purpose of filing of evidence of identification parade by the prosecution was to companynect the appellants and accused No.
Prosecution story in brief is, that on 7.12.92, the area where J.J. Hospital is situated was in the grip of companymunal riots as a result of which prohibitory orders were promulgated.
Thereafter all those persons started stabbing Khopkar by means of choppers and knives, thereby Khopkar sustained severe wounds and bleeding and thereafter he companylapsed on the ground.
So also Police companystable Shinde and Gaikwad changed their uniforms.
46 of the said hospital where undertruial of various criminal cases were usually kept for medical treatment, a police escort companysisting of one Head Constable and three companystables was being provided there from the police headquarters.
The police subsequently obtained permission to apply the provisions of TADA and after companypleting the investigation the police prosecuted the accused persons under TADA.
Thereafter on 25.11.93, PW 6 Special Executive Magistrate R.D. Singh held another identification parade.
27252 , Police companystable Rahul Hanumant Gaikwad Buckle No.
Yasin Quershi.
The foremost question that arises for companysideration in this appeal is that, once the Designated Court rejected the evidence of identification parade, so far as they relate to the appellants, on the ground that there was strong possibility of the suspects being shown to the eye witnesses at the police station, companyld the appellants be companyvicted on the evidence of identification of these accused in the Court by the witnesses ?
They further saw that 5 to 6 persons armed with choppers and knives suddenly crossed the road and came towards Head Constable, Khopkar.
6 and 7 in front of gate No.
3, i.e. Jafar Mohd Ismail Sayyed to the incident alleged to have taken place on 7.12.92.
In fact, on the date of identification parade, the accused persons, who were later on introduced in the parade, were in the custody of Police Inspector, Wahule.
It is also admitted that it was at the instance of Police Inspector Wahule, the Special Executive Magistrate arranged the identification parade at the police station.
1 and 2 viz.,
The prosecution examined two eye witnesses viz.,
After recording the aforesaid finding, the Designated Court took the view that there being strong possibility of the suspects being shown to the witnesses who were police officers, the evidence of identification parade has numbervalue and therefore rejected it.
At that stage, companystable Gaikwad and Shinde got frightened and therefrom they immediately took turn and went to JJ companyner and gave information to the police about the said incident.
When the police brought these persons to the police station, the Special Executive Magistrate did number verify as to whether the persons so brought are in any way companynected with police or in fact they are serving members of police force.
On receiving the information the police party went to the place of occurrence and took injured Khopkar to J.J. Hospital where Head Constable Khopkar after examination was declared dead.
In the said identification parade, Police companystable Shinde PW 11 is said to h ave identified appellant number.
On 7.11.93, the police requested Special Executive Magistrate for holding identification parade.
J U D G E M E N T N. KHARE, J. This criminal appeal under section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA , at t he instance of two appellants herein, viz.,
At around 7.30 P.M., on the said day, when he next batch of police escort party arrived at the ward, Head Constable Khopkar handed over the charge to the next batch, and look out the uniform shirt and were a red companyoured shirt.
Shaikh Umar Ahmed Shaikh and Mohd, Naim Mohd.
Head Constable Chandrakant Pamji Khopkar Buckle No.
In Ward No.
Shaikh Umar Ahmed Sahikh and Mohd, Naim Mohd.
