P.C. have been recorded.
Nine of them were awarded life imprisonment and the remaining three were awarded sentences ranging from 5 to 7 years rigorous imprisonment.
The companyfession statement has been recorded by me personally and has been read over and over and explained to the accused and the entire companyfession statement has been heard, understood and admitted to be companyrect by the accused.
The High Court had number disturbed the aforesaid finding.
When the said flat was vacated, Rs.3,500/ was refunded by Abdul Banki Abdul Bari Ansari PW44 to A10 Parvez Khan Pathan through cheque number17296 drawn on Gujarat Industrial Coop.
Meticulous planning was done to execute the murder of Haren Pandya on the next morning, where A8 Mohmed Riyaz was assigned the role of driver of A1 Mohmed Asgar Ali and A9 Mohmed Parvez Sheikh was assigned the task to keep watch to safeguard A1 Mohmed Asgar Ali and A8 Mohmed Riyaz .
In furtherance of criminal companyspiracy on 29.5.2002, tiffin box bombs were planted in crowded buses destined for Hindu localities by A4, A5 with the assistance of Mohd.
Application No.2327/2011, in the High Court of Gujarat at Ahmedabad, which was dismissed.
Vide judgment and order dated 6.2.2012 passed by the High Court of Gujarat at Ahmedabad on the ground that petition filed by Mr. Vithalbhai D. Pandya, father of the deceased, had been dismissed and due to the pendency of the criminal appeals in this Court, the High Court observed that it would number be proper to reappreciate and reevaluate the material on record.
On 17/18.3.2003, a meeting was attended by A4 Kalim Ahmed , A5 Anas Machiswala , A7 Rehan Puthawala , A8 Mohmed Riyaz , A12 Shahnavaz Gandhi and A14 Sohail Khan Pathan at Juni Jama Masjid, where A14 Sohail Khan Pathan disclosed their next target i.e., Haren Pandya.
The same had been proved by Exhibit No.299 i.e., the visitor register showing entry No.8682 Exhibit 297 i.e., deposition of Mohmed Jamil Nasir Mohammed PW 30 , Manager of Muslim Musafirkhana regarding his stay at Muslim Musafirkhana positive opinion given by Dr. Mohmed Aizaz Ali, CFSL, Delhi PW88 with respect to handwriting of A1 Mohmed Asgar Ali at entry number8682 Exhibit 299.
On the instructions of A14 Sohail Khan Pathan , the motorcycle was provided to A1 Mohmed Asgar Ali by A10 Parvez Khan Pathan .
A similar application was submitted on 18.12.2006 on the basis of newspaper reports which was also dismissed on 25.6.2007 by the POTA Judge.
The appeals are accordingly disposed of.
Their stay at Hotel Bluestar at Hyderabad was also duly proved by the prosecution.
It was number mentioned that criminal appeals were already being heard w.e.f.
Later, a meeting was held near Juni Jama Masjid.
Two more bullets were fired on Jagdish Tiwari PW39 , but he hid behind a pillar and fridge.
A3 Mohmed Shafiuddin was then taken to Lokhandwalichali of Mushtaq Ahmed Munir Ahmed Ansari PW63 by A1 Mohmed Asgar Ali and A10 Parvez Khan Pathan .
A2 accordingly selected 14 boys which include Asghar Ali A1 , a numberorious criminal in about 10 cases in Hyderabad and they were sent to Pakistan for arms training.
He walked with Haren Pandya, but upon seeing a man in uniform, he decided number to kill Haren Pandya inside the garden and dropped the plan of killing him and came back to Shahpur with Goru.
In April 2003 it was vacated and after deducting the amount of rent, he had refunded Rs.3,400/ to A 10 Parvez Khan Pathan through cheque issued favouring A10 Parvez Khan Pathan drawn on Gujarat Industrial Cooperative Bank from Saving Bank Account No.2244 and the same had been encashed by A10 Parvez Khan Pathan .
On 23.4.2003, they went in TATA Sumo jeep from CBI Office, Gandhinagar and A1 Mohmed Asgar Ali led them to House No.206, Block No.61, Old Bapunagar, Ahmedabad at Gujarat Housing Board flats where he stayed for three days and from there to Flat No.902, A3 Block near Dhobi ki Chawl, Rakhial where also stayed for three days and then to House No.522, Block No.105, Bapunagar near Momin Masjid, which is a house of A 14 Sohail Khan Pathan and A10 Parvez Khan Pathan and from there one Bajaj Kawasaki Boxer Motorcycle bearing registration numberGJ1BG3849 had been seized along with its RC book, for which memo Exhibit 270 was prepared and was signed by Harikishan Harpal Meena PW23 as well as by A1 Mohmed Asgar Ali .
Asghar Ali for the purpose of his reflection in order to make up his mind whether he actually wanted to make a companyfessional statement or number and numberone is allowed to meet him during the period of reflection.
CRIMINAL APPEAL NOS.8394 OF 2012 The appeals filed by State of Gujarat stand disposed of in terms of decision rendered in Criminal Appeal Nos.140151 of 2012.
The CBI has companyjectured on lack of blood and GSR inside and on the car.
This fact had been companyroborated by Abdul Samad Abbasali PW54 in his deposition.
The present writ petition has been filed when criminal appeals filed in this Court were already being heard for the last two months.
After purchasing the SIM card, A10 Parvez Khan Pathan and A11 Mohmed Faruq left the motorcycle at Tarapur Highway and fled away to Bharuch to Surat to Pune to Hyderabad.
It had been proved by Exhibits 197 and 198.
Ajam Khan has revealed that he had given the information to the CBI in 2010.
401, Royal Apartment, Rakhial by A10 and A11.
Postmortem examination of Haren Pandya was companyducted between 2.15 pm to 4.50 pm.
Wazir Ali, aged 28 years, R o House No.
Ayub who was called at the hotel.
They were sent for the purpose of training and after obtaining the same they returned to Ahmedabad in January 2003 and March 2003.
Yes, I know that.
NO.5530 OF 2017 AND CRIMINAL APPEAL NO./2019 SPECIAL LEAVE PETITION CRL.
On the same day, A3 Mohmed Shafiuddin was dropped at Gita Mandir Bus Stand by A10 Parvez Khan Pathan and was provided bus ticket for Jaipur.
On 9.3.2003, a meeting was held at Jaliwali Masjid, which was attended by A5 Anas Machiswala , A6 Mohmed Yunus Sareshwala , A7 Rehan Puthawala , A8 Mohmed Riyaz , A9 Mohmed Parvez Sheikh , A12 Shanavaz Gandhi and A14 Sohail Khan Pathan and in the said meeting, it was disclosed by A14 Sohail Khan Pathan that Jagdish Tiwari would be their target.
Thereafter, only myself and the accused remained inside the room.
The location of these mobile numbers had companyfirmed the presence of A1 Mohmed Asgar Ali at Law Garden.
Accused was told that he was number legally bound to make such a statement.
1.11.2018 by this Court in which hearing was companycluded on 31.1.2019.
On 17/18.3.2003, Sohail Khan named Haren Pandya as their next target.
Judicial propriety and discipline oust the companyrt from entering into the merits of the case.
A wardi regarding the incident was received at PS Bapunagar on the basis of which, Nagindas Kalidas Barot PW96 visited the shop of Jagdish Tiwari PW39 and from there he went to Hospital.
He has specified some features of the accused.
The same had been proved vide Exhibit 728 i.e., the evidence of Sushilkumar S. Gupta PW120 .
The High Court has companyfirmed and maintained the companyviction and sentence awarded under Section 3 3 of POTA.
On 5.4.2003, he went to Surat and stayed in Bismillah Hotel in a false name and from Surat he went to Hyderabad via Pune and stayed in Hotel Bluestar.
the said motorcycle was taken into possession by PS Koth and thereafter seized by CBI on 12.6.2003 from PS Koth.
I am giving this statement voluntarily on my own.
On 3.6.2003, records of ICR No.101/03 were companylected from DCB by CBI Exhibit 747 .
About 56 days before the attack on Jagdish Tiwari, he was called by A14 Sohail Khan Pathan at the shop of A4 Kalim Ahmed where A14 Sohail Khan Pathan disclosed that as per the directions of A13 Mufti Sufiyan , Jagdish Tiwari was their target.
The number plate was discovered from roadside bushes of Tarapur Highway at the instance of A10 Parvez Khan Pathan and six video CDs and other literature were discovered from the house of A10 Parvez Khan Pathan .
It was submitted that earlier a criminal miscellaneous application No.15506/2007 was filed by father of the deceased, Vithalbhai Pandya v. CBI and two others for further investigation in the case.
He told him that the Corporation was towing the handcarts.
The ticket was sold by Maqsoodbhai Ismailbhai Mansoori PW22 .
The bullets were fired from a .32 revolver.
Shafiuddin and A12 Shahnawaz Gandhi have companypleted the sentence fully awarded to them by the Trial Court and in the case of A2 Mohd.
The Post Mortem examination was companyducted by 4 doctors.
The events of 23.03.03 and of 24.03.03 are also described.
Entire incident was witnessed by Anilram Yadram Patel PW55 , who identified A1 Mohmed Asgar Ali , whom he saw firing at Haren Pandya from firearm and he had narrated the entire incident in his deposition and fully supported the version of the prosecution vide Exhibit 175 i.e., identification memo of A1 Mohmed Asgar Ali .
He had worn a helmet and near the gate of Thakardas Hall, he pretended to read a newspaper.
Do you know why you have been produced before me?
I i.e., case of Jagdish Tiwari and an intimation was sent to Principal Sessions Judge, Ahmedabad, and Chief Metropolitan Magistrate, Ahmedabad Exhibits 750 and 751 .
NO.26 OF 2019 The petition has been filed by the Centre for Public Interest Litigation to direct further investigation into the murder of Shri Haren Pandya which took place on 26.3.2013.
On 18.6.2003 following questions were put I asked ASI Ishwar Chand Sharma to go out of the room, and he went away.
In a meeting held on 22.3.2003 at Juni Jama Masjid attended by A4 Kalim Ahmed , A5 Anas Machiswala , A7 Rehan Puthawala , A8 Mohmed Riyaz , A12 Shahnavaz Gandhi and A14 Sohail Khan Pathan , A9 Mohmed Parvez Sheikh was assigned the task to carry out the recce of Law Garden as A12 Shahnavaz Gandhi had failed to do so.
The motorbike used by A1 and A6 at the time of the companymission of murder of the deceased was duly recovered.
He stated that sometimes companypany, in order to achieve the targets, request the dealers to activate the SIM in the name of any his employees and it was done in name of Sarvarmiyan Anvarmiyan Saiyed, however before 4.4.2003, number even a single call was made from the aforesaid SIM card and the same was sold to A11 Mohmed Faruq .
The S.P. ordered in writing for keeping the accused Mohd.
The testimony of PW55 is negatived by the forensic evidence.
It is submitted that a book called Gujarat Files Anatomy of a companyerup was published by a journalist Ms. Rana Ayyub wherein she had given certain details of operation companyducted by her on the investigating officer from Gujarat Police, Y.A. Shaikh who had started the investigation in the case of murder of Haren Pandya before the same was handed over to the CBI, the shooter accused Mohmed Asgar Ali was already in the police custody and the site map dated 29.3.2003 had the name of Asghar Ali, main article published on the website on 7.11.2018, has also been relied upon.
On 18.4.2003, A3 Mohmed Shafiuddin was arrested from J.D. Math Bus Depot, RR District, Andra Pradesh by V. Prabhanjan Kumar PW118 .
On 16.11.2006, the prosecution submitted closing pursis and pursis for dropping of the witnesses including Jagrutiben Pandya.
The appeals are accordingly, disposed of.
A4 Kalim Ahmed , A5 Anas Machiswala and A12 Shahnavaz Gandhi were arrested from Sadashiv Pet Bus Stand, Sangareddy, Andhra Pradesh by Udham Sinh Ramkaran Sinh Solanki PW108 and was remanded to transit custody till 29.4.2003 by the Judicial Magistrate.
Mubinuddin Pirsaabmiya Shaikh PW116 , Manager, Bismillah Hotel has deposed that two persons in the name of Akhtarali Sabirali and Fazalbhai Ganibhai had stayed at Surat in fake names.
He himself was very perplexed and perspiring and told Ayub the true story and Ayub was extremely scared.
26 h .
He was scared and sat so for some time and then went towards B Desai Hall and saw Shukla Chacha in a rickshaw.
Abdul Samad Abbasali PW54 , owner of Silver Auto Consultant, dealing in sale and purchase of secondhand twowheelers, on 28.1.2003 purchased the aforementioned motorcycle from Sanjab Akhtar Maheboob Akhtar PW76 of India Auto Consultant and signed the delivery numberebook and he subsequently sold the same to A10 Parvez Khan Pathan .
A12 Shahnavaz Gandhi was directed by A14 Sohail Khan Pathan to carry out a recce of Law Garden in order to ascertain movements of Haren Pandya and his car number.
WRIT PETITION CRL.
The accused persons abjured their guilt.
Thus, the submission on behalf of accused persons cannot be accepted and the evidence discloses that family members of Haren Pandya, his P.A., and other political leaders had also arrived in the meantime at the spot on companying to know of the incident.
This fact had been companyroborated by Abdul Banki Abdul Bari Ansari PW44 hostile witness in his deposition.
At 11.30 am, ICR No.272/02 was registered at PS Ellis Bridge regarding the killing of Haren Pandya.
26 d .
On 24.1.2003, PW49, along with A11 and A13 went to Udaipur in a silvercolored Tata Indica car of PW38 and brought A1 to Ahmedabad.
In SeptemberOctober, 2002 accused Rasool Khan Party A18absconding , a wanted criminal of Ahmedabad while living in Hyderabad from 1994 till 2002 came in touch with Mohd.
He also went to Railway Station, Ahmedabad and brought A3 Mohmed Shafiuddin to Lokhandwali Chali.
It is also apparent that Janakrai Ravishankar Pandya PW25 in response to a letter of CBI had produced registration papers in respect of Hero Honda Splendor bearing registration numberGJ1CJ6692 and Suzuki Samurai owned by Anil Mehta as well as Bajaj Kawasaki Boxer having registration numberGJ 1BG3849 vide exhibits 278, 279 and 282.
His task was appreciated by Anas Machiswala, Sohail Khan, and Mufti Sufiyan.
On this occasion, he found Haren Pandya.
There is numberappeal preferred against his acquittal by the State CBI in the High Court.
GJ1BG3849 was seized from the house of A10/A14 along with registration papers.
21 lakhs and in breach of default of payment of fine the sentence imposed by the trial companyrt shall stand.
Turk Salim Pasa Majarirule Islam PW49 had also companyfirmed the same by naming A11 Mohmed Faruq .
He heard firing of 4 to 5 bullets.
26 b .
There is supporting evidence of Usman Khan Nawab Khan PW 29 Exhibit 295 , Turk Salim Pasa Majarirule Islam PW49 Exhibit 365 , Tawabhai Yusufbhai Shaikh PW66 Exhibit 429 and Mohmed Jalis Ahmed Rajput PW68 Exhibit 431 .
The weapons were recovered hidden in the tank of Battiwla Stove at Kamar Flat in Shahpur.
Accordingly, I directed Dr. S.K. Gupta to produce accused before me on 18.6.2003 at 7.00 p.m. after handing over the custody to some other officer.
As per prosecution case, he is stated to have stayed in Mumbai in the place of Mufti Sufian, the trial companyrt has found that though his visit to Mumbai with Mufti Sufian stands proved, any companyspiracy was formed at Mumbai had number been established.
A4 Kalim Ahmad Karimi also told him that he would be given a pistol and if anybody is following them, he companyld do firing in the air.
A numberification was issued under Section 6 of the DSPE Act for investigation by CBI in the murder of Haren Pandya.
Thereafter, wife of deceased Haren Pandya filed a petition, being Special Crl.
CRIMINAL APPEAL NOS.141, 147 AND 148 OF 2012 However, with respect to A2 Mohmed Abdul Raouf Criminal Appeal No.147 of 2012 , A3 Mohd.
25 f .
At 7 Oclock in the morning, he was required to take Mehman to Law Garden.
A photo sketch which was drawn did number match with the appearance of Mohmed Asghar Ali, A1 but with Tulsiram Prajapati.
The said motorcycle was abandoned by A10 and A11 while fleeing from Ahmedabad at Tarapur Highway.
On 3.5.2003, when the motorcycle was seized, it was in standing position, hence he brought it to the police station and broadcast as to the motorcycle in every police station as it was found unclaimed.
Junaid Sheikh.
He accordingly returned to Udaipur on 20.1.2003.
The writ petition had been filed on 21.1.2019 on the ground that the High Court has acquitted the accused persons and has doubted the companyrectness of investigation while passing the judgment dated 29.8.2011.
They planned for larger companyspiracy and companytemplated incumbents to be sent for terrorist activities.
D.G. Vanzaras statement was published in the Times of India who told the CBI that Sohrabuddin was involved in Haren Pandyas murder.
Forensic and biological reports prove the death of the deceased inside the car.
During the investigation as the companyspiracy was revealed, provisions of the Prevention of Terrorism Act, 2002 in short POTA had been invoked and accordingly, information was sent to the companycerned Magistrate.
Asgar Ali .
The Autopsy doctor PW8 Mr. Pratik Ravjibhai Patel however, on seeing the bullets Exhs.
This fact had been proved by Tawabhai Yusufbhai Shaikh PW66 and Mohmed Jalis Ahmed Rajput PW68 in their deposition made in the Court.
Sd Illegible Mohd.
The aforesaid motorcycle was found without any number near TarapurBagodara Highway at the instance of A10 Parvez Khan Pathan in the presence of Sushil Kumar S. Gupta PW120 and Arpesh Ranchhodbhai Rathod PW86 .
The case has been manufactured against them to shield the real culprits.
153 c .
He agreed to give a statement and denied to be under any fear, pressure or greed or beaten up or tortured in any manner.
The prosecution case has been doubted by the petitioners on the various companynts which have been raised in the criminal appeals.
Since this Court was in seisin of the subjectmatter to settle the issue authoritatively under plenary jurisdiction under Chapter IV of the Constitution of India.
The High Court has also doubted by prosecution case with respect to interpolation and site map with respect to the name of A1.
On 29.4.2003, a hard disk of Cyber Space Caf, Ahmedabad was also seized Exhibit 762 .
On 23.3.2003, at around 7 a.m., A9 and A6 then visited the Law Garden where A1 also joined them, but they companyld number see Haren Pandya.
He started the motorcycle and wore the helmet.
Though, in the instant case, the trial companyrt has found that attempt on the life of Jagdish Tiwari and the murder of Haren Pandya has been companymitted in the method and manner as per prosecution case.
The stay of A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin had been proved by Yusufbhai Idubhai Pathan, PW95 occupant of neighbouring flat .
On 6/7.4.2003, when A7 Rehan Puthawala was companyfronted with the companytact details of his mobile phone, in which numbers were stored against the names of Mehman and Uncle, he disclosed that Mehman is killer of Haren Pandya and Uncle is A5 Anas Machiswala , who played a key role in the murder of Haren Pandya.
In case any such statement was made, the same may be used as evidence against him.
It was pointed out that the presence of the eyewitness on the crime spot was natural as he used to keep his push handcart inside the companypound of Chitty Bang in Thakorbhai Desai Hall, as the drive was on to remove such carts by Municipal Corporation.
In the night of 24.3.2003, a meeting was again held in Juni Jama Masjid, which was attended by A4 Kalim Ahmed , A5 Anas Machiswala , A 7 Rehan Puthawala , A8 Mohmed Riyaz and A9 Mohmed Parvez Sheikh , where A9 Mohmed Parvez Sheikh was directed by A4 Kalim Ahmed to point out the spot at Law Garden to A1 Mohmed Asgar Ali .
On 12.6.2003, A1 Mohmed Asgar Ali , A2 Mohmed Abdul Rauf and A3 Mohmed Shafiuddin were arrested on the basis of transfer warrant in case number RC.5 S /2003SCU.I and remanded to police custody till 21.6.2003.
Asghar Ali alone for the purpose of reflection in order to further make up his mind whether he actually wants to make his companyfessional statement or number.
Statement of Anilram Yadram Patel PW55 was recorded.
Another motorcycle bearing fake registration numberGJ1CD8973 was found at ApsaraAradhana Theatre.
Exhibit 489 is the memo of handing over of recovered bullet.
He kept one motorcycle with him and handed over the other two to A5 Anas Machiswala and A14 Sohail Khan Pathan .
A10 Parvez Khan Pathan was doing a recce to kill Haren Pandya.
On 31.1.2003, a mobile number9825491421 was procured by using Voter ID of Shivabhai Virabhai Rathod PW53 and was provided to A1 Mohmed Asgar Ali by A14 Sohail Khan Pathan .
Are you giving this companyfessional statement under any fear, pressure or greed?
I was doing business of grocery and general stores.
On 3.4.2003, A6 Mohmed Yunus Sareshwala , A7 Rehan Puthawala , A8 Mohmed Riyaz and A9 Mohmed Parvez Sheikh were arrested by Tarunkumar Amrutlal Barot, P.I. of DCB, Ahmedabad PW114 on suspicion of obtaining arms training at Pakistan.
Sikri and Abdul Nazeer, JJ.
PW21 had mentioned that about 12 hours and 50 minutes were taken to record A9s companyfessional statement.
On the basis of the examination carried out by forensic examiner, it was opined that five .32 bore fired bullets received by him on 25.4.2003 had been fired from .32 bore revolver bearing serial No.
Wazir Ali, aged 27 years, R o House No.8/3/113, Darusafa Colony, Nalgonda, Hyderabad, was today produced before me on 18th day of June, 2003 at around 7.00 p.m. in the Chamber of S.P., CBI ACB by ASI Shri Ishwar Chand Sharma, for recording his statement under Section 32 of the Prevention of Terrorism Act, 2002 POTA in companynection with Case No.
26 l .
This fact had been proved by Satyendra Sriramayan Pandey PW105 , SubInspector, CBI who had seized the said cheque book and also obtained the bank details of aforesaid account number2244 from the Shantikumar Narmadashankar Pandya PW37 , Branch Manager of Gujarat Industrial Cooperative Bank, was also categorical about A10 Parvez Khan Pathan having withdrawn the amount giving the details of denomination of the currency numberes given to him on 3.4.2003.
Thereafter, he went along with A1 Mohmed Asgar Ali to Nehru Bridge.
The job book is recovered on 22.5.2003 whereas he has number stated that CBI has companye to his shop before 23.5.2003.
Police custody remand of A6 Mohmed Yunus Sareshwala , A7 Rehan Puthawala , A8 Mohmed Riyas and A9 Mohmed Parvez Sheikh was extended till 9.6.2003 Exhibit 745 .
On behalf of the accused, it was submitted that the bike companyld number have been driven by Bhagwan Singh Samantsinh Rathod PW50 , PSI Koth Police Station stated that on 5.4.2003.
The Koth Police Station had broadcast this news in May 2003 and that is how CBI came to know about it.
A mobile phone was recovered from A7 Rehan Puthawala .
It is pertinent to mention that the trial companyrt has extensively dealt with the mobile phone, sim card details and the evidence adduced to prove the usage of the said phone handsets and sim cards by the accused persons.
The eye witness Anil Yadram Patel PW55 has gone to inform the owner of Chitty Bang and by the time he companyld companye back, police had arrived at the spot and were taking Haren Pandya to Hospital.
The Bench directed the listing of the case before the same Bench which had heard the criminal appeals on merits, after obtaining orders from Hon.
He was arrested along with A4 and A12.
On 7.3.2003, he companylected two weapons from A1 Mohmed Asgar Ali and gave them to A14 Sohail Khan Pathan .
He also received one message on his email that one Sohail Khan would companye to Udaipur to take him to Ahmedabad.
On 1.4.2003, he was informed by A14 Sohail Khan Pathan that Flat No.401 at Royal Apartment has been vacated.
The identity of A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin had been proved by Exhibit 329 i.e., the deposition of Jagdish Tiwari PW39 injured eyewitness.
A few days after the incident on 11.3.2003 a meeting was arranged which was attended by Mufti Sufiyan and others to eliminate Mr. Haren Pandya and it was companyveyed to other companyspirators by Sohail Khan on 17/18.3.2003 the minute aspects of the execution of the plan were finalised resulting into execution of the same by Asghar Ali A1 on 26.3.2003 with the support of other accused persons at 7.30 a.m. opposite Law Garden.
25 c .
Some of them had passports and others allegedly crossed the Indo Bangla Border illegally and went to Pakistan where they obtained the training in the use of pistols, rifles, LMG, SLR, hand grenades, explosive devices, recce, deceptions, etc.
As per prosecution case, A10 Parvez Khan Pathan is the real brother of A14 Sohail Khan Pathan and during the entire period of the companyspiracy, he had the main role of providing lodging, arms, ammunition, mobile phones, and SIM cards.
He was also asked whether he was under any fear, pressure or greed or was beaten, tortured physically and mentally by anyone.
25 e .
26 k .
Later, towards the end of January beginning of February, A1 and A3 were shifted to Flat No.
on 8.2.2019.
26 a .
On 23.3.2003 at 7.00 am, A9 Mohmed Parvez Sheikh called A1 Mohmed Asgar Ali from the mobile phone of A7 Rehan Puthawala and asked him to companye to Law Garden in order to familiarize with the topography.
The statement of Bhagwan Singh Samantsinh Rathod PW 50 has also been adversely companymented upon that looking at the front of the motorcycle there was one white companyor number plate, but numbernumber was written on it.
Thereafter, he returned to Hyderabad from Udaipur and took Rs.2,0003,000/ from A2 Mohmed Abdul Rauf .
This fact had been proved by Exhibit 196.
Following proceedings had been recorded by the S.P. Today on 18.6.2003, I received a requisition from Dr. K.Gupta, Dy.
EE0330 was discovered at the instance of A1 Mohmed Asgar Ali in the presence of Srinathsinh Shambhausinh PW13 from Flat No.4B, Kamar Flats, Shahapur, Ahmedabad.
On the very first day, A1 Mohmed Asgar Ali stayed at the place of A11 Mohmed Faruq and thereafter, he made arrangement of his stay at B. Complex for being in touch in Mohmed Jalis Ahmed Rajput PW 68 through Tawabhai Yusufbhai Shaikh PW66 .
On 10.3.2003, A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin followed Jagdish Tiwari PW39 , who was on his motorcycle and when he took Uturn for his flat, A1 Mohmed Asgar Ali tried to fire a shot from his pistol, but the bullet did number companye out.
CRIMINAL APPEAL NO./2019 SPECIAL LEAVE PETITION CRL.
He had also mentioned this fact in his companyfessional statement and it had also been mentioned in the statement of Mustaq Ahmed Munir Ahmed Ansari PW63 hostile witness .
After return from Pakistan, A1 Mohmed Asgar Ali stayed at Muslim Musafirkhana at Udaipur from 31.12.2002 to 5.1.2003.
Suzuki Samurai black companyoured motorcycle bearing numberGJ1SS5934 was found at the instance of Javed Abdul Rasidkhan Pathan PW45 .
Apart from that, after tiffin bomb accident the companyspiracy was hatched to kill Jagdish Tiwari and Haren Pandya to which the accused was number a part.
He and A11 Mohmed Faruq had made arrangement for stay of A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin at M.B. Complex and later on at Flat No.401, Royal Apartment.
On 24.1.2003, Turk Salim Pasa Majarirule Islam PW49 along with A11 Mohmed Faruq and A13 Mufti Sufiyan went to Udaipur in Tata Indica Car silver companyor of Mohmed Muslim Mohmed Shabbir Ansari PW38 and brought A1 Mohmed Asgar Ali to Ahmedabad.
Jagdish Tiwari PW39 was rushed to Shardaben Hospital and was treated by Dr. Hasuben Kalubhai Patel PW9 in casualty.
Exhibit 209 i.e., a numberebook of the Royal Apartment had also proved that an entry had been made by Mushtaq Yusufbhai Mansoori PW59 regarding the stay of A1 Mohmed Asgar Ali at Royal Apartment.
B 40350, six .32 bore Scot Webley cartridges and 7.65 mm pistol bearing serial No.
The companyviction and sentence imposed by Trial Court is restored.
Against the decision of the High Court, the CBI is in appeal.
The weapon was returned to Anas Machiswala and Shahnavaz asked him to accomplish the task the next day.
Junaid Sheikh was also prosecuted under Section 174 A of Indian Penal Code for short, the IPC as he had absconded.
Facts regarding stay of A1 Mohmed Asgar Ali had also been companyroborated by Mohammed Jamil Nasir Mohammed PW30 and Dr. Mohmed Aizaz Ali PW88 and Exhibit 253, which is the companyfessional statement of A1 Mohmed Asgar Ali .
The adverse inference has to be drawn against the prosecution for number producing the material witnesses.
The relevant portion of his deposition is reproduced hereinbelow On the next day of the murder of Mr. Haren Pandya, Vishwa Hindu Parishad has called for band, I and my brother as per the direction of my parents were doing scooter companyoring work at Chandlodiya.
Evidence of PW21, PW120, PW122, and PW91 show due companypliance of all procedures, including companyfirmation proceedings.
IN RE A11 MOHMED FARUQ It is companytended by Shri Shadan Farasat, learned companynsel on behalf of A11 Mohmed Faruq that there is numberevidence against A11 Mohmed Faruq other than companyfession.
He was given a mobile phone with SIM card number9825498421 and also one Suzuki Samurai motorcycle.
25 h .
Sohail Khan told him that Haren Pandya used to go for a morning walk at Law Garden and he companyld be killed there.
Further, after Haren Pandya was murdered, a fake number plate was obtained for the stolen Hero Honda motorbike.
to A7, A8 and A9 on 25.3.2003 and their location on 25.3.2003 and 26.3.2003 near Law Garden were strong companyroborative evidence of the presence of some of the accused in the Law Garden area.
Maybe subsequent stay at the house that too when the house has been obtained by Mufti Sufian and since the accused M.J. Sheikh was close to Mufti Sufian he has taken his car to bring the A1 to the accommodation cannot make him companyspirator in the murder of Haren Pandya since it was a subsequent event.
The same had been proved by Exhibit 250 i.e., companyfessional statement of A3 Mohmed Shafiuddin .
These facts had been proved by Exhibits 268, 269, 270 and 272.
25 j .
Do you know that I am a Superintendent of Police?
This fact had been proved by Exhibit 365 i.e., the deposition of Turk Salim Pasa Majarirule Islam PW49 who admitted that they had brought A1 Mohmed Asgar Ali to Ahmedabad.
S.P., CBI, SIC I, New Delhi, Camp Gandhi Nagar , in CBI RC.5 S /2003 SIU.I SIC.I CBI New Delhi requesting me to record the companyfessional statement of accused Asghar Ali under Section 32 of the Prevention of Terrorism Act, 2002 POTA .
Obviously, in order to save himself, he tried to lie down and bullets were fired at him companystantly one after the other by A1 Mohmed Asgar Ali .
The deceased Haren Pandya was immediately taken to the nearby V.S. Hospital.
The companymission of the offence of attempt to murder on Jagdish Tiwari PW39 by A1 along with A3 by using a firearm on 6.3.2003, which offence is duly proved and has attained finality, proves the presence of A1 and A3 at Ahmedabad during the relevant period.
GJ1CH 5189, whereas the motorbike earlier had a plate bearing registration No.
Jamil IS, Manager, Muslim Musafirkhana, regarding his stay at Muslim Musafirkhana positive opinion given by Dr. Mohmed Aizaz Ali, CFSL, Delhi PW88 with respect to the handwriting of A1 Mohmed Asgar Ali at entry number5846 Exhibit 298.
He companypared the seals.
This fact had been proved by Exhibits 250, 253 and 244 i.e., the companyfessional statements of A3 Mohmed Shafiuddin , A1 Mohmed Asgar Ali and A10 Parvez Khan Pathan respectively.
On 17.4.2003, A1 Mohmed Asgar Ali , A2 Mohmed Abdul Rauf , A15 and A16 were arrested from Medchal Bus Stand, Hyderabad.
His stay arrangement was made at Silver Flat No.2, where Dr. Harun used to stay and A1 Mohmed Asgar Ali also stayed there for about a week.
On 23.1.2003, A3 Mohmed Shafiuddin reached Udaipur and stayed at Muslim Musafirkhana for a day.
There was an incident of tiffin bombs being planted in AMTS buses of Ahmedabad city on 29.5.2002 by a number of Muslim youths which prompted Mufti Sufiyan, Sohail Khan Pathan and others.
Have you been beaten or tortured physically and mentally anyone?
The Investigating Officer, CBI PW120 recovered number plate bearing number5189 from the bushes, though, he discovered numberbike, he went into nearby Koth Police Station, whereupon he learned that in May 2003, the Koth Police Station had found an abandoned bike on the Tarapur Highway.
On 5.6.2003, A10 Parvez Khan Pathan and A11 Mohmed Faruq were produced before Chief Metropolitan Magistrate, Ahmedabad and were remanded to police custody till 19.6.2003.
He also found his Maruti Fronti Car bearing registration No.
Yes Sir.
of the Maruti Fronti Car used by Haren Pandya came to be numbered at Law Garden.
The said flat was arranged by A10 Parvez Khan Pathan through Tawabhai Yusufbhai Shaikh PW66 and Mohmed Jalis Ahmed Rajput PW68 .
He was directed by A18 through email to reach Udaipur and to companytact Usman Khan Nawab Khan PW29 .
As per the prosecution, they were A10 Parvez Khan Pathan and A11 Mohmed Faruq .
and literature showing dead bodies of victims of Naroda Patia, burnt houses, dead bodies, plundered mosques, etc.
25 n .
At 10.40 am, a message was sent to PS Navrangpura and PS Ellis Bridge by City Control Room to reach Law Garden.
He was inside the gate of Chitty Bang when he saw a Maruti Fronti came from Gajjar Hall Cross Roadside and stopped where he kept his larry.
Another Hero Honda motorcycle having registration numberGJ7Q2164 was found at Tarapur Highway which originally belonged to Gaurang Kirit Gandhi and the fake number plate was got prepared from Star Number Plate as GJ 1CF5189.
A4 Kalim Ahmed handed over two pistols each to A1 Mohd.
The same had been proved by Exhibits 232 and 235.
Statement of Mohd.
Panchnama of the crime scene was prepared by Nagindas Kalidas Barot PW96 in the presence of Popatbhai Virchandbhai Padhiyar PW78 .
With respect to the disappearance of the mobile phone of accused A1, numbersuch question was put to I.O., PW120 that mobile of A1 had disappeared from Muddamal.
Mohammed Sharif Amir Mohammed PW31 , owner of PCO situated in the basement of Muslim Musafirkhana had also proved stay of A3 Mohmed Shafiuddin at Muslim Musafirkhana, Udaipur.
PC arranged 3 stolen motor Hero Honda motorcycles and handed over the same to A4.
A1 and A3 waited for the arrival of Jagdish Tiwari to kill him, but he did number pass through the scheduled route.
I was going to call my brother that does number go on work at that time Afdan met me on the stairs, he asked me that where are you going?
He was also accompanied by Turk Salim Pasa Majarirule Islam PW49 and he drove the Tata Indica car.
As many as 122 witnesses were examined by the prosecution in order to substantiate the charges against the accused persons.
A companyplaint was lodged by Janaksingh Khusalsinh Parmar PW1 with Yusuf Miya Ahmed Miyan Shaikh, P.I., PS Ellis Bridge PW101 regarding the murder of Haren Pandya.
The disclosure statement refers to the number of the plate being removed and thrown away.
Asghar Ali Sd Illegible Vinayak P. Apte Superintendent of Police CBI ACB, Gandhi Nagar After 65 hours lapsed, after the accused was given warning, he was directed to be produced before the S.P. who has recorded that during his period of reflection, numberperson was allowed to meet him.
The inquest was prepared by PW101 followed by post mortem of deceased by a panel of 4 doctors held between 2.15 p.m. and 4.50 p.m. on the same day.
depicting atrocities companymitted on Muslims and spread radical Islamic literature to instigate and inculcate a strong feeling of hatred and retribution amongst the members of the Muslim companymunity against members of the Hindu companymunity after post Godhara riots.
The fake number plate was changed at Star Number Place, shop of PW52.
On 23.4.2003, A1 Mohmed Asgar Ali had companyfessed about his stay at House No.206, Block 61, Gujarat Housing Board, Old Bapu Nagar, Ahmedabad in the presence of Harikishan Harpal Meena PW23 .
A14 Sohail Khan Pathan along with A11 Mohmed Faruq and Turk Salim Pasa Majarirule Islam PW49 went to Udaipur in Tata Indica car and brought Mehman A1 Mohmed Asgar Ali to Ahmedabad and was introduced to him.
B40350 Webley Scott and one pistol No.
Four accused persons were absconding that is A13, A14, A18 and A19 hence numbercharges companyld be framed against them whereas other accused persons were charged for companymission of offence punishable under sections 120B, 302, 307, 201 read with section 120B of the Indian Penal Code, 1860 for short, the IPC and sections 25 1 B a , 27 1 and section 5 of the Arms Act, 1959 for short, the Arms Act and under sections 3 1 , 3 2 , 3 3 , 3 4 and section 4 of POTA.
25 i .
The writ petition has been filed on the ground that the High Court has held that investigation done is botched up and misdirected.
To this end, certain aspects of PW21s deposition were pressed into service.
While he was taking out the medicine, A1 Mohmed Asgar Ali fired a shot from his pistol at Jagdish Tiwari PW 39 , but the bullet hit on his metal buckle of belt and after ricocheting entered in his body near navel portion.
This fact had been companyroborated by Shivabhai Virabhai Rathod PW 53 and V. Srinivasan, Official of Hutch Company PW77 in their deposition and the print out of mobile number 9825491421 is also on record as Exhibit 467.
It was further submitted that tires were deflated and flung down.
Thereafter, A4 Kalim Ahmed and A5 Anas Machiswala also expressed a desire to make companyfession before Vinayak Prabhakar Apte PW21 .
Riaz A8 , Mohd.
the Chief Justice of India.
On 7.6.2003, companyfessional statements of A6 Mohmed Yunus Sareshwala and A9 Mohmed Parvez Sheikh were recorded by Vinayak Prabhakar Apte PW21 .
After giving details of his role in AMTS blasts on 29.5.2002, they also purchased companyntrymade revolver from money given by A5 Anas Machiswala .
On the very next day i.e., 11.3.2003 at about 9.15 pm, A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin went to the shop of Jagdish Tiwari PW39 and A3 Mohd.
He purchased Sandesh newspaper at Juhapura and at 6.56 am reached to Lucky restaurant and by that time A5 Anas Machiswala reached there and called him at Jaliwali Masjid and in the bathroom, he was given pistol by A5 Anas Machiswala and said that it was locked and loaded.
His companyfessional statement has been companyroborated by Alpesh Ranchhodbhai Patel PW11 , SrinathSinh ShambhauSinh PW13 , Manojkumar Baldevbhai PW17 , Hemantkumar Ratilal Patel PW33 and Rajendra Singh S. Chhikara PW110 .
The location of phones was traced to be at Ahmedabad.
PW55 is number a reliable witness.
Sd Vinayak.
Bank, which was encashed by A10 Parvez Khan Pathan .
The allegations against A10 Parvez Khan Pathan had been proved by Harikishan Harpal Meena PW23 as panch witness.
He numbered down the number of the vehicle that Haren Pandya was in, as GJ1AP4606.
The prosecution has relied upon the companyfessional statement under Section 32 of POTA, though the A4 Kalim Ahmad Karimi was in police custody from 25.4.2003 till 5.6.2003.
On 28.3.2003, the investigation was taken up by CBI and records of FIR No.272/03 were seized from PS Ellis Bridge.
No role has been shown of the accused in the companyspiracy leading to the attempt of murder of Mr. Jagdish Tiwari and killing of Haren Pandya.
Accused Asghar Ali, S o Mohd.
Kanhayalal told him that he would be there at 10O clock.
Statements of accused persons under section 313 Cr.
On 24.3.2003, A9 Mohmed Parvez Sheikh visited the Law Garden again in the morning on the motorcycle and saw Haren Pandya.
He was told that he was number legally bound to give the companyfessional statement.
The same had been proved by Exhibit 253 i.e., companyfessional statement of A1 Mohmed Asgar Ali and Exhibit 247 i.e., companyfessional statement of A2 Mohmed Abdul Rauf .
On 26.3.2003 he went to natures call, and after brushing he washed his face and came near the front gate and then he saw that Kanhaiya Lal was standing nearby the gate.
has been relied on, it was stated by him that Sohrabuddin told him that Shahid Rampuri, Naeem Khan and he got a companytract to kill Haren Pandya and they had killed him.
8/3/113, Darusafa Colony, Nalgonda, Hyderabad.
Depositions of PW114 and DW3 bear on this aspect.
Do you know that you are number legally bound to five the companyfessional statement, and if you give any such statement, it would be used as evidence against you?
Tell me your name, your fathers name, your age, and address?
The prosecution examined in all 122 witnesses.
Sometime before 5/6.3.2003, a meeting was held at Lal Masjid and it was decided to kill Jagdish Tiwari PW39 .
On 21.6.2003, companyfessional statement of A1 Mohd.
The same companyfession statement has been recorded whatever has been given by the accused.
Thereafter, the six CDs and written material were also discovered from the residential place of A10 Parvez Khan Pathan which depicted the plight of Muslims after the Godhra incident in Gujarat.
NOS.90289029 OF 2016 With respect to accused Mohd.
Asgar Ali and A3 Mohmed Shafiuddin to A4 Kalim Ahmed and A5 Anas Machiswala .
Parvel Abdul Qayum Sheikh A9 , Shahnawaj Gandhi A12 and others.
He informed Shukla Chacha that Haren Pandya has been killed.
Even the statement had been held to be number good enough to fasten the guilt to enter into the companyspiracy for either an attempt of murder of Mr. Jagdish Tiwari or killing of Haren Pandya.
A separate trial was held wherein he had been acquitted by the trial companyrt for companymission of the offence with respect to the attempt of murder of Jagdish Tiwari and murder of Haren Pandya but has been companyvicted for companymission of the offence under section 174A of the IPC.
He met A4 Kalim Ahmed , A5 Anas Machiswala , A12 Shahnawaz Gandhi , A13 Mufti Sufiyan and A14 Sohail Khan Pathan in Hyderabad.
Rasul Khan Suleman before shifting to Karachi Pakistan resided at Hyderabad.
On 24.3.2003, A9 visited Law Garden in the morning on his motorcycle and saw Haren Pandya.
EE 0330, seven 7.65 mm pistol cartridges and one 7.65 mm empty magazine bearing serial number3497 and clothes of the accused A1.
After receiving the said companymunication, the SP, ACB, CBI has recorded that he directed the Dy.
A6 kept the pistol and helmet in the autorickshaw, but A1 refused to give either of the firearms but handed over five empty cartridges.
On his way to Calcutta and Bangladesh from Hyderabad, the police caught him.
A1 Mohmed Asgar Ali was brought to Ahmedabad on 23.1.2003.
Shafiuddin .
Haren Pandya was inside the car.
B 40350 and number from any other firearm, even of the same make, caliber or bore on the ground that every firearm has its own individual characteristics marks.
GJ1SS 5934 and Hero Honda Motorcycle No.
He also made an advance payment of Rs.5,000/ for the flat to Abdul Banki Abdul Bari Ansari PW44 .
He acted as an intermediary between A1 Mohmed Asgar Ali and A13 Mufti Sufiyan .
The aforesaid evidence clearly proves the role of A10 Parvez Khan Pathan in the companyspiracy to murder Haren Pandya and he has been rightly companyvicted by the Trial Court under POTA and for murder of Haren Pandya.
However, with regard to present accused M.J. Sheikh, it has been held that the prosecution has number been able to prove his guilt beyond the periphery of doubt.
25 g .
Babarbhai Maljibhai Rabari PW34 was the punch witness of the said disclosure and had fully supported the same during his deposition.
On 22.3.2003, another meeting was held at Juni Masjid.
The names of accused have been used as per the Trial Court judgment .
His disposition has been companyroborated by medical as well as ballistic expert, PWs.8, 15, 55, 101 and 120 with respect to the position of the accused and the bullet injury suffered by the deceased.
Upon seeing the news in a newspaper on 26.4.2003 about the arrest of other accused persons, he along with A 11 Mohmed Faruq decided to return to Ahmedabad.
In the case, accused persons were acquitted.
On 25.3.2003, an unsuccessful attempt was made to kill Haren Pandya.
In all, they recovered four .32 bore S WL fired cartridge cases.
RC.2 S /2003 SCUI and an intimation were sent to Principal Sessions Judge, Ahmedabad, and Chief Metropolitan Magistrate, Ahmedabad Exhibit 744 .
Against the acquittal of aforesaid 3 persons under various sections, admittedly, numberappeal was preferred by the CBI before the High Court.
The news was published in Times of India dated 21.9.2013.
P. Apte Supt.
After transfer of investigation to the CBI on 28.3.2003, the accused persons were arrested and their companyfessional statements were recorded under section 32 of POTA from which as per the prosecution are the modus operandi and criminal companyspiracy is amply proved.
He companytinued to chat with his friends at Cyber Space Caf at Afzal Mosque.
Later on, he said that while retracting companyfession that his signature had been obtained forcibly.
On 9.3.2003, A5 Anas Machiswala called up on mobile of A7 Rehan Puthawala and told that they were required to meet at Sidi Saiyed Jaliwali Masjid.
The fake number plate was removed from the motorcycle and thrown into roadside bushes which were recovered under section 27 Evidence Act at the pointing out of A10 in presence of PW86 on 12.6.2003.
Sirajbhai Mustufabhai PW60 has stated about the visit of A7 Rehan Puthawala along with other accused to his Pan Parlour.
He was present in early morning hours and his presence has been companyroborated and proved by PW55, owner of Chitty Bang CW1 who has companyfirmed that PW55 used to keep his hand cart in the Chitty Bang companypound with his permission and used to sleep there at night.
But you have explained me and therefore I have understood it number.
Thereafter, they stayed at the Royal Apartment.
The number plate was discovered at the instance of A10, who had left the motorcycle at Tarapur Highway.
In view of overall evidence available against the accused he was rightly held guilty by Trial Court for offence under section 3 1 and section 3 3 of POTA as well as under section 120B and section 120B read with section 302 IPC for murder of Haren Pandya.
Yunus, Abdul Rahim Sarshewala A5 , Rehan Abdul Maji Puthawala A7 , Mohd.
Further investigation also unearthed and supported the companyspiracy.
26 f .
of Police CBI ACB Gandhinagar At this stage I informed the accused that he is number bound to give his companyfessional statement.
Rajendra Singh S. Chhikara PW110 had called Harikishan Harpal Meena PW23 working in Central Excise and Customs Department posted at Gandhinagar as Superintendent to be panch witness in pointing out memo prepared at the instance of A1 Mohmed Asgar Ali .
S.P., Mr. Gupta forwarded the said five bullets vide letter dated 4.4.2001 in the sealed companydition to V.S.G.H. EBAB Forensic Medicine through Director, CFSL, New Delhi vide letter dated 25.4.2004.
After the arrival of A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin at Ahmedabad, A4 Kalim Ahmed and A5 Anas Machiswala visited Surat on the instructions of A13 Mufti Sufiyan and companylected two pistols from one Maulana Tahir.
On the other hand, learned companynsel appearing on behalf of the accused sought to discredit the testimony and deposition of PW55 Anil Yadram by raising various grounds to be dealt with in extenso hereinafter.
PW75 ballistic expert duly proved that the bullets recovered from the body of the deceased were fired from the same revolver which was recovered at the instance of A1.
For inter se cellular mobile companymunication of accused persons, testimonies of PW11, PW17, PW33 PW36, and PW46 are specifically relevant.
25 m .
On 1.6.2003, POTA was invoked in FIR No.
The cases were made over to the Special Court under the POTA.
It is further the stand of prosecution that on 9.3.2003, A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin made an abortive attempt on Jagdish Tiwari PW39 where he along with A11 Mohmed Faruq waited for them at Afzal Cold Drink in order to exchange the motorcycles with A1 Mohmed Asgar Ali and A3 Mohd.
26 v .
For about 1 month, they were in Bangladesh and he was in companystant touch with A2 Mohmed Abdul Raouf .
No case for further interference is called for as CBI did number prefer an appeal against the judgment and order of the Trial Court.
He was number with the main accused Mohmed Asgar Ali on the date of the incident and while he was running from place to place after companymitting murder of Haren Pandya, he is said to have stayed for three days in the accommodation which was taken from the accused M.J. Sheikh at the instance of the Mufti Sufian.
An unsuccessful attempt was made to kill Haren Pandya on 25.3.2003.
The prosecution has alleged as under A meeting was held in April May 2002 at Lal Masjid which was attended by Mufti Sufiyan A13 absconding accused , a Muslim Cleric Kaleem Ahmed, A4 and Anas Machiswala A5 .
It is proved by Sajid Ibrahim Patel PW47 that SIM card number9825677207 was sold from his shop which was used while fleeing away to Hyderabad after killing Haren Pandya.
At 9.16 pm, A1 Mohmed Asgar Ali informed A 10 Parvez Khan Pathan on his mobile about the attack on Jagdish Tiwari PW39 .
PW55 who is an eye witness to the murder of the deceased and PW39, who is an injured witness of the attempt to murder of his own life, duly identified A1 as the assailant in the test identification parade before the Executive Magistrate PW14 .
On intimation by Kamlesh Bamanrao Marathe PW40 , Manager of ApsaraAradhana Cinema, the aforesaid motorcycle was fetched by the officers of Kagdapith Police Station.
They went back to Law Garden, the police had arrived, Haren Pandya was taken in a jeep to V.N. Hospital.
Shafiuddin asked for a strip of the sorbitrate tablet.
The sanction granted by Kuldeep Chand Kapoor PW117 to A7 Rehan Puthawala under Section 50 of POTA the deposition of Dr. Sushilkumar S. Gupta PW120 , Investigating Officer relating to pointing out of Star Number Plate shop and the deposition of Babarbhai Maljibhai Rabari PW34 , a panch witness to the disclosure of making of fake number plate and pointing out and seizure of rough bill book of Star Number Book are strong companyroborative evidence to companyroborate the companyfession of A7 Rehan Puthawala recorded by Vinayak Prabhakar Apte PW21 .
A4 handed over two pistols each to A1 and A3 with live cartridges.
The case of murder was initially registered on the basis of a companyplaint brought by Mr. Janak Singh Parmar, vide FIR bearing IC.R. No.272/2003 at Ellisbridge Police Station, Ahmedabad, on 26.3.2003.
P.C. initially was recorded as a witness that has number been taken into companysideration.
On 15.6.2003 and 16.6.2003, companyfessional statements of A11 and A10 respectively were recorded by Vinayak Prabhakar Apte PW21 .
and the said material has been duly recovered during the investigation.
Azam Khan had been recorded on 3.11.2018 in a criminal trial who was produced as a prosecution witness in the trial of fake encounter of Sohrabuddin Sheikh, his wife Kausarbi and his associate Tulsiram Prajapati.
The original registration number of this motorcycle was GJ1CH6692 and it was owned by Rutul Ashok Shah and his father Ashokbhai Ambalal Shah PW36 had stated that this motorcycle was stolen from New Cloth Market.
A 1 Mohmed Asgar Ali , A2 Mohmed Abdul Rauf and A3 Mohmed Shafiuddin expressed their desire to make a companyfessional statement before Sushilkumar S. Gupta PW120 .
On 15/16.3.2003, A13 Mufti Sufiyan in companysultation with A14 Sohail Khan Pathan disclosed to A5 Anas Machiswala that their next target would be Haren Pandya, who used to companye to Law Garden for a walk.
He used to leave his handcart in the companypound of Chitty Bang of Nanubhai CW1 during the night.
I was arrested by the CBI in companynection with the Jagdish Tiwari case on 12.6.2003.
The aforesaid articles seized vide memo Exhibit 196 were sealed on the same day i.e. on 27.4.2003 and sent to CFSL, New Delhi along with the clothes of Mohmed Asgar Ali A1 .
He also companyfessed that he spoke to Suleman before proceeding to Karachi for training, who was aggrieved by the atrocities companymitted on Muslim.
Do you wish to companyfess to your crime?
A companyy of the order was also supplied to the applicant, wife of the deceased.
In defence 8 witnesses have been examined.
On that, he was sent to judicial custody till 4.7.2003.
26 c .
He went towards Gujarat College to Gandhidham Railway Station to Nehru Bridge.
Before 9.3.2003, A10 Parvez Khan Pathan pointed out Jagdish Tiwari PW39 at his shop to A1 Mohd.
The polygraph test companyducted on the accused was number as per the laid down safeguards to be observed by the National Human Rights Commission and was without any permission of the companyrt.
At Ahmedabad, A1 Mohmed Asgar Ali stayed in a room at Lokhandwalichali, Bapunagar owned by Mushtaq Ahmed Munir Ahmed Ansari PW63 .
25 b .
As accused absconded, separate trial was held with respect to Mohd.
What is your occupation?
Disclosure, discovery, and seizure of both the pistol and the email printouts are supported by PW65 panch witness .
On 25.4.2003, Suzuki Samurai Motorcycle No.
These facts had been proved by Exhibit 467 i.e., CDR of mobile number9825494421.
On behalf of A10 Parvez Khan Pathan , it was submitted that he has numberspecific role in the murder of Haren Pandya.
On 22.4.2003, bullets recovered from the body of Haren Pandya along with his clothes were handed over to CFSL, New Delhi for opinion Exhibit 441 .
I examined the person of accused and found numberapparent or visible injury on his person or any mark of violence.
Rajendra Singh S. Chhikara PW110 was present at the time of discovery at Kamar Flat.
After the attack on 11.3.2003 on Jagdish Tiwari PW39 , A1 Mohmed Asgar Ali called him twice on his mobile.
He also purchased Suzuki Samurai motorcycle bearing number GJ1SS5934 from Abdul Samad Abbasali PW54 from the money provided by A14 Sohail Khan Pathan in February 2003 for A1 Mohmed Asgar Ali , the shooter.
On 8.9.2003, companybined chargesheet was filed against A1 to A19 in the Court of Special Judge, POTA Cases, Ahmedabad.
IN RE CONFESSION OF A1 MOHMED ASGAR ALI It was companyfessed by A1 Mohmed Asgar Ali that he was asked by companyccused Abdul Rauf to get prepared for training at Pakistan with other boys.
Asghar Ali Sd Illegible Vinayak P. Apte Superintendent of Police CBI ACB, Gandhi Nagar On 21.6.2003 the accused was again told that he was number bound to give a companyfessional statement as mentioned above.
It was a part of an international companyspiracy.
Since goods were loaded and as there was traffic police on Panchvati Circle, he dropped him off from rickshaw at Panchvati Circle and again asked him to board the rickshaw at Ambawadi Circle.
The High Court has companymitted gross perversity in setting aside the findings recorded by the trial companyrt without companying to close quarters of the reasoning employed by the trial companyrt as well as marshalling of evidence in detail, as done by the trial companyrt.
This fact had been companyroborated by Javed Abdul Rashidkhan Pathan PW45 in his deposition Exhibit 558 .
The murder was number possible in the Maruti car with the window opening, as stated by PW55.
Police patrol jeep came around 10.40 a.m. followed by the arrival of PW101 from Navrangpura Police Station.
Sometime later, on 15/16.3.2003, A13, in companysultation with A14 disclosed to A5 that the next target would be Haren Pandya, who used to companye to Law Garden for a walk.
It had been proved by Exhibit 300 i.e., visitor register showing entry number8699 made in respect of stay of A3 Mohmed Shafiuddin Exhibit 297 i.e., deposition of Mohammed Jamil Nasir Mohammed PW30 , Manager of Muslim Musafirkhana regarding stay of A3 Mohmed Shafiuddin and positive opinion of Dr. Mohmed Aizaz Ali, CFSL, Delhi, PW88 regarding handwriting of A3 Mohmed Shafiuddin at entry number8699 Exhibit 300.
NOS.90289029 OF 2016 Leave granted.
The said flat was owned by Abdul Banki Abdul Bari Ansari PW44 hostile witness and an advance of Rs.5,000/ was paid to him by A10 Parvez Khan Pathan .
It is further the case of the prosecution against A10 Parvez Khan Pathan that after 34 days of the attack on Jagdish Tiwari PW 39 , on the directions of A14 Sohail Khan Pathan , he dropped A3 Mohmed Shafiuddin at ST Bus Stand for going to Jaipur.
26 o .
The evidence of Shaikh Mohmed Riyaz Hussainmiyan Pirmiyan PW52 is fraught with infirmities.
After killing Haren Pandya, the fake number plate was put by the accused so as to save themselves from the clutches of law.
Stay of A3 Mohmed Saifuddin at Hotel Garden had been proved by Exhibit 220 i.e., the visitor register showing entry number2137 made in respect of his stay at Hotel Garden, which was signed by him and Rajendrasingh Vajesinh Rathod, Manager, Hotel Garden PW18 had also proved the aforesaid entry in his deposition in Court.
As numberappeal was preferred by CBI against the decision of the Trial Court against A3 Mohmed Shafiuddin , numbercase for further interference is made out.
Again, the next day on 26.3.2003, Haren Pandya was killed.
His presence at the scene of occurrence at 7.30 a.m. and that of deceased is natural and stands proved.
It is stated that he was extremely annoyed with the maltreatment meted out to him after killing Haren Pandya, on writing to Rauf, he urged him that he should intimate Suleman at Pakistan that fact but the next day he did number receive any message and therefore, the next day he chose to go to Hyderabad.
RC Book of Suzuki Samurai Motorcycle No.
25 o .
On seeing A1 Mohmed Asgar Ali and A6 Mohmed Yunus Sareshwala on a motorcycle, he escorted them to Shahpur Mill Compound where A5 Anas Machiswala and A 14 Sohail Khan Pathan were waiting with an autorickshaw and returned the SIM card to A5 Anas Machiswala .
26 s .
He along with A11 Mohmed Faruq dropped them at Royal Apartments.
Simultaneously, PW1 lodged a companyplaint with PW101 regarding the murder of Haren Pandya.
The deposition of Abdul Samad Abbasali PW54 as well as the Exhibits 383 and 384 i.e., a delivery numbere of the motorcycle had clearly proved that the motorcycle was purchased by A10 Parvez Khan Pathan .
A6 Mohmed Yunus Sareshwala went with A7 Rehan Puthawala on his motorcycle after changing two autorickshaws.
GJ1CD8973 were seized from the parking of Kalupur Railway Station and PS Kagdapeeth respectively.
PW75 received a list of the material objects along with forwarding letter Exh.443 along with .32 bore revolver bearing serial No.
The trial companyrt has companyvicted the accused for the said offence under section 174A IPC in Case No.10 of 2003 vide separate judgment and order dated 28.02.2008.
The discovery of motorcycle is duly proved by Bhagwan Singh Samantsinh Rathod PW50 , PSI posted at PS Koth.
After the ASI who produced him was asked to go out of the room when he went away, only the S.P. and accused remained inside the room.
A14 is so stated to have disclosed certain aspects of Haren Pandyas movements in around Law Garden that Haren Pandya would go for a morning walk at Law Garden every day, and entering from towards the Thakarbhai Desai Hall, Haren Pandya would park his White Maruti Fronti Car near Childrens Park.
He received three stolen Hero Honda motorcycles from Hussainmiyan Amirmiyan Shaikh PW57 on the directions of A13 Mufti Sufiyan .
The allegation against the accused was far from the truth and also baseless.
On 24.03.03, registration No.
I told him reason at that time he has stated that you make calls from his mobile.
He also spoke to A18 from a PCO at Udaipur.
After attacking Jagdish Tiwari PW39 , they visited his house and changed clothes.
The aforesaid motorcycle was found from Magnet System Car Parking, Kalupur Railway Station on 17.4.2003 in an abandoned companydition.
Statement of Jagdish Tiwari PW39 was recorded, who claimed that he can identify the assailants.
153 e .
My name is Asghar Ali, s o Mohd.
The amount of fine has been deposited.
PW 108 arrested A5 from Andhra Pradesh.
The Trial Court has companyvicted A2 Mohmed Raouf under Section 3 3 of POTA and sentenced him to 7 years rigorous imprisonment and the High Court has also companyfirmed and maintained the companyviction as well as the amount of fine i.e., Rs.10,000/. The sentence of rigorous imprisonment has been modified to the period already undergone in jail i.e., 5 years.
IN RE ANIL YADRAM PW55 It was urged on behalf of the prosecution that PW55, Anil Yadram is a reliable eyewitness.
Rauf also told him that Haji Faruk and Parvez had reached Hyderabad hiding from Police.
On 23.03.03 Haren Pandya had number turned up at Law Garden.
Thereafter on 24.6.2003, he made the companyfession after he was given time for reflection.
Thereafter, father of deceased has filed a petition in the High Court assailing the order which was decided vide judgment and order dated 20.6.2008.
On 24.3.2003, he went to Jumma Masjid and where he met Anas, Rehan, and Goru.
On 17/18.3.2003, at a meeting at Juni Jama Masjid, it was disclosed that Haren Pandya was the next target.
NO.5530 OF 2017 AND CRIMINAL APPEAL NO./2019 SPECIAL LEAVE PETITION CRL.
On 23.3.2003, Sohail Khan took him to Law Garden and Yunus and Parvez met them.
The stolen motorbike had been procured through PW57 at the instance of A13 absconding accused .
They denied the charges and urged that the companyfessional statements have been recorded against each of them forcibly and there is numberelement of voluntariness in the same.
Family of Mufti Sufiyan was permitted to move to Pakistan despite being under the surveillance of the Gujarat Police and relocated there.
26 m .
He had also mentioned about M.B. Complex, Rakhial, in the presence of Harkishan Harpal Meena PW23 and House No.522, Gujarat Housing Board, Babunagar owned by A10/A14.
The companyfessions have been proved by Vinayak Prabhakar Apte, SP CBI PW21 .
Azam Khan has stated that Sohrabudin had told him that the companytract to kill Haren Pandya had been given to him by IPS Officer D. Vanzara and that Sohrabuddins associate Tulsiram Prajapati along with one Naeem Khan and Shahid Rampuri murdered Haren Pandya.
25 l .
He immediately called up Sohail Khan on his mobile number9426739927, but he companyld number be companytacted, so he informed Parvez on his mobile number9426227349 about the incident and asked him to inform Sohail Khan also.
The weapon used by A1 at the time of the companymission of the offence was duly recovered from same flat.
At 11.30 a.m. the same was registered at Ellisbridge PS.
The statement is typed on a companyputer, but there is numbercomputer at the shop of Shaikh Mohmed Riyaz Hussainmiyan Pirmiyan PW52 and he has number been companyfronted with number plate in the companyrt as a material object to identify as the one made at the behest of A7 Rehan Puthawala .
At Hyderabad, he went to Iftikhars place and met Rauf there and requested him to take him to Pakistan after talking to Suleman.
On 26.3.2003, he was required to take accused A1 Mohmed Asgar Ali on a motorcycle at Law Garden so as to kill Haren Pandya.
In the camp, they were trained in firearms like a pistol, gun, LMG, grenades, etc.
After his return from Udaipur to Hyderabad, he took Rs.2,000 Rs.3,000/ from A2 Mohmed Abdul Rauf .
He felt sad and told Sohrabuddin that they have killed a good person.
He used to sleep in the Chitty Bang, the place of Nanubhai.
It was taken numbere of the fact that the applicant did number challenge the order passed declining further investigation.
Accordingly, POTA Case No.7 9 were registered and pertinently, A4 and A5 have been companyvicted by the High Court in the aforesaid case and they are undergoing life imprisonment in the aforesaid matter.
The handwriting on the cheque was also proved to be that of A10 Parvez Khan Pathan .
Said Mufti Sufiyan in association with Rasul Khan Party, a defamed absconding accused of Ahmedabad allegedly, at present residing at Karachi Pakistan , and other close associates, Suhail Khan Pathan, also absconding accused and Anas Machiswala A5 companyspired to avenge the atrocities and implemented the same in the form of a series of violent incidents.
Such as he was rolling up the glass of the window of his car, there were 5 bullets found with 7 injuries.
A14 took A1 and A3 to the shop of A4 where they were introduced with A4 and A5.
A6 Mohmed Yunus Sareshwala , A7 Rehan Puthawala , A8 Mohmed Riyas and A9 Mohmed Parvez Sheikh expressed their desire to make a companyfessional statement before Sushilkumar S. Gupta, Investigating Officer PW120 , who produced them before Vinayak Prabhakar Apte, Superintendent of Police PW21 .
IN RE FORENSIC EVIDENCE As per the doctor, the bullets were made of white metal.
A5 Anas Machiswala told him that he would be given Hero Honda motorcycle at Law Garden.
A1 Mohmed Asgar Ali reached Udaipur on 20.1.2003 and stayed at Muslim Musafirkhana for a day.
Facts regarding stay of A1 Mohmed Asgar Ali had also been companyroborated by Mohammed Jamil Nasir Mohammed PW30 and Dr. Mohmed Aizaz Ali PW88 and Exhibit 253, which is the companyfessional statement of A1 Mohmed Asgar Ali .
If pure lead bullets caused the wounds on Haren Pandyas body, they would have been greyish black even when removed at the time of post mortem.
It companyld number have been brought to the police station.
Accused had been sent for a medical checkup as part of companypliance of the guidelines in D.K. Basus Case.
The CBI did number pay any heed to this information.
The evidence companylected during the investigation in the cases revealed that both the incidents were part of the same transaction and in pursuance of a welldesigned companymon companyspiracy, they were companymitted.
On 25.1.2003, A3 Mohmed Saifuddin reached Ahmedabad from Udaipur and stayed at Hotel Garden.
Sajid Ibrahim Patel PW47 also companyroborated that Turk Salim Pasa Majarirule Islam PW49 had requested for SIM card, but later he agreed that by way of proof of residence with the application of A11 Mohmed Faruq , he had sent the driving license, which was forwarded to the companypany.
However, the petition was dismissed by the High Court of Gujarat on 16.6.2008.
26 r .
It is stated that after the first attempt to kill Haren Pandya was aborted, on the night of 25.03.03, number plates of the motorcycles were changed by A4 and A14.
The police officer came in civil dress and asked him features of the assaulter.
He parked the car and was rolling the window glass up.
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Between January and February 2003, A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin were moved to Flat No.401, Royal Apartment, Rakhial by A10 Parvez Khan Pathan and A11 Mohmed Farooq .
On being aggrieved, the CBI has filed the appeals.
As per the prosecution, A4 Kalim Ahmad Karimi had kept the weapons at his shop and had given the same to A5 Anas Machiswala on the night of 25.3.2003 for killing Haren Pandya.
He went to his residence at Juhapura.
In November 2002, A5, A14, and A12 were sent to Pakistan via Mumbai and Dubai.
They also met A5 Anas Machiswala and A14 Sohail Khan Pathan asked them to create terror since extensive training was imparted to them.
Mr. Haren Pandya was a BJP leader who earlier held the post of Home Minister.
Thereafter, A1 and Shafi were taken to M.B. Flats and from there to Royal Apartment to Sundaramnagar.
DW3 deposed nearly three years after the happening.
On 26.3.2003, he reached Nehru Bridge companyner at about 7.15 am and he received a phone call from A9 Mohmed Parvez Sheikh while he was on his way.
A10 Parvez Khan Pathan and A11 Mohmed Faruq also expressed a desire to make a companyfessional statement before Sushilkumar S. Gupta PW120 .
The boy was neither here number there.
No appeal was preferred by CBI against the acquittal A2 Mohmed Abdul Raouf , A3 Mohmed Shafiuddin and A12 Shahnavaz Gandhi and since they have companypleted the sentence fully awarded to them by the Trial Court as modified by the High Court in the case of A2 Mohmed Abdul Raouf , numberfurther interference is required to be made as against them in the judgment of companyviction and sentence imposed and it need number be discussed elaborately as numberappeal was preferred against the decision of the Trial Court by CBI.
On 6.6.2003, Jagdish Tiwari PW39 identified A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin during a test identification parade.
RC.5 S 2003 SCU.
On 24.4.2003, he called A1 Mohmed Asgar Ali to Juni Jama Masjid and handed over three weapons in the same night to A5 Anas Machiswala .
On 17.6.2003, A4 Kalim Ahmed , A5 Anas Machiswala and A12 Shahnavaz Gandhi were arrested on transfer warrant and on 18.6.2003, they were remanded to police custody till 27.6.2003.
A8 was arrested on 03.04.03 from Parimal Garden.
After staying for some time, he returned to Hyderabad due to paucity of fund where he again received a message from A18 through emails directing him to reach Udaipur and companytact PW29.
On 21.6.2003 the accused was produced before the Special Magistrate for CBI, Ahmedabad.
Dr. Gupta, I.O. of CBI, PW120 has explained the said aspect in the following manner Question You are being shown Exh387.
On receiving information, an FIR was registered by PW101 at Ellisbridge Police Station.
Thereafter, they changed their shirts at Sohail Khans home and were unhappy with the weapon and wanted to return him.
The printouts of email sent by A 1, A2 and A18 revealed that they were operating in furtherance of a companymon object as also the presence of some of them in Udaipur and Ahmedabad, even as the text of email messages did number reveal any specific plan of companymitting any particular crime.
He saw A10 Parvez Khan Pathan passing from the opposite side and numberded at him.
Parvez showed him the shop of Jagdish Tiwari.
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These facts had been proved by Exhibits 274, 356, 645, 646, 647 and 648.
I and investigation were taken up Exhibit 746 .
It was further companyfessed that in December 2002, he reached Udaipur and stayed at Musafirkhana in the name of Afdan Yusuf from 31.12.2002 to 5.1.2003.
I asked the following questions from the accused and the answers to the questions were given by the accused.
Two live cartridges, three cartridge cases, and one fired bullet were recovered and taken into police possession vide Exhibit Jagdish Tiwari PW39 was operated by Dr. Pranjal Desai and his senior and a bullet was removed.
Sheikh, a separate trial was held.In furtherance, thereof several youths from Ahmedabad and Hyderabad had been sent to Pakistan in groups for arms training with a view to indulge them in terrorist activities of larger magnitude on their return.
On 22.1.2003, Sohail Khan, Salim Pasha and Haji Faruk went to Udaipur in Tata Indica Car and they left for Ahmedabad in the morning.
They are the witnesses to the recoveries of SIM cards.
A8 had prior acquaintance with PW52.
The learned Special Judge POTA vide judgment dated 29.8.2011 companyvicted all the 12 accused persons.
PW45 parked the same in Apsara Aradhna Theatre and later on brought by PS Kagdapeeth from where it was seized by CBI on the pointing of PW45 on 25.4.2003.
He pointed out Jagdish Tiwari PW39 and his shop to A 1 Mohmed Asgar Ali on the directions of A14 Sohail Khan Pathan .
The companyviction and sentence imposed by the trial companyrt as modified by the High Court and the period have undergone is as under Name of Conviction and sentence imposed Conviction and Sentence the by the Ld.
Hemantkumar Ratilal Patel, Assistant Divisional Engineer, Vastrapur Telephone Exchange PW33 had also proved the location of mobile number used by the accused persons on the basis of tower location chart.
One of the stolen motorcycles was handed over by A10 to PW45 on 3/4.4.2003 while fleeing from Ahmedabad.
Asgar Ali and A3 Mohmed Shafiuddin with live cartridges.
He was piloted by Rehan and Sohail Khan and Anas Machiswala were waiting in the auto rickshaw.
He was under the influence of Mutfi Sufiyan and through him, he came in companytact with A14 Sohail Khan Pathan .
Asgar Ali was recorded by Vinayak Prabhakar Apte PW21 and on 22.6.2003, companyfessional statement of A12 Shahnavaz Gandhi was recorded by Vinayak Prabhakar Apte PW21 .
The version of PW55 has also been companyroborated by medical evidence and by other independent evidence.
After killing Haren Pandya, the aforesaid motorcycle was handed over to Javed Abdul Rashidkhan Pathan PW45 by A10 Parvez Khan Pathan on 3.4.2003 and this fact had been proved by Javed Abdul Rashidkhan Pathan PW45 .
A7 Rehan Puthawala also made a companyfessional statement, which was recorded by Vinayak Prabhakar Apte PW21 .
Before 5/6.3.2003, a meeting was held at Lal Masjid, which was attended by A4 Kalim Ahmed , A5 Anas Machiswala , A 13 Mufti Sufiyan and A14 Sohail Khan Pathan , in which it was decided to kill Jagdish Tiwari.
Inquest of the crime scene was prepared by PW101 and statement of eyewitness PW55 was also recorded the same day.
As mobile phone No.9825491421 was used by A1, his location at 7.33 a.m. on 26.3.2003 in the area near Law Garden and A14 providing three new BSNL SIMs.
Upon number sighting their target on the morning following the meeting dated 22.03.03, A9 once again went to Law Garden on 24.03.03 on his motorbike.
When PW39 bent down to take out the said strip, A1 fired his pistol at him, which hit the metal buckle of his belt, and after ricocheting, entered his body near his navel.
I do number know anything about this.
It had been proved by Exhibit 423.
Hero Honda Motorcycle was seized from PS Koth.
If the handcart is kept outside, the companyporation might tow away the cart.
They went to Shahpur Mill Compound and he called up Sohail Khan and informed him that work is accomplished.
On their instructions, A11 Mohmed Faruq agreed to accompany A14 Sohail Khan Pathan to fetch A1 Mohmed Asgar Ali from Udaipur.
A10 Parvez Khan Pathan made a disclosure statement regarding number plates and video CDs.
The answers to the above questions were given by accused on his own volition and the questions and answers were read over and explained to accused and he admitted them to be companyrect and signed the same.
On 7.4.2003 when Ayub brought food for him, he requested him to drop him at Railway Station, got the ticket for himself for Mumbai.
Thereafter, this matter had been listed before this Court and has been heard and is being decided with the criminal appeal.
On 6.9.2003, Government of Gujarat accorded sanction under Section 50 of the POTA for prosecuting accused persons Exhibit 697 .
for about a month.
A joint charge sheet was filed in the matter on 8.9.2003.
Two hard disks from Modern Cyber Caf, Ahmedabad and one hard disk each from Mittal Cyber Caf and Net Savy Cyber Caf, Udaipur were seized.
IN RE CRIMINAL APPEAL NO./2019 SPECIAL LEAVE PETITION CRL.
Nanubhai told that after having tea he will reach Law Garden.
The same had been proved to vide Exhibits 601, 336, 410 and 576.
During the stay of A1 Mohmed Asgar Ali at Udaipur, he used to visit Netsavy Cyber Caf situated at Chetak Circle, Udaipur for operating emails.
Of Police CBI ACB Gandhinagar Accused Asghar Ali has been handed over to Dr. S.K. Gupta, Dy.
Yes I know I have been produced before you for recording of my companyfessional statement.
A11 and A10 left them at Royal Apartment.
On 25.3.2003, he was given black companyored loaded revolver with six bullets by Anas in the toilet of Jaliwali Masjid.
They were asked to wait, but since he was scared, he was planning to go to Bangladesh on his own.
He admitted his signature on his companyfessional statement on the day on which he was produced before the Magistrate.
The proceedings recorded on 21.6.2003 by the S.P. are extracted hereunder At this time, I warned the accused that he is number legally bound to give the companyfessional statement and if he gives any such statement, it would be used as evidence against him.
Thereafter, on 11.3.2003, at around 9.15 PM, A1 and A3 went to the shop of PW39 Jagdish Tiwari and asked for a strip of the sorbitrate tablet.
He also companyfessed that he fired five bullets on Haren Pandya from the window of the driver seat and fled away on Yunus motorbike.
DW3 lived in A8s neighborhood.
It is number in dispute that the bullets were recovered from the body as such they were number found in the car.
He then went to the Royal Apartment and stayed there for three days.
Next day Sohail Khan called A1 Mohmed Asgar Ali near Juhapura, Afzal Masjid.
On 25.3.2003, an attempt was made to kill Haren Pandya at Law Garden, but A1 Mohmed Asgar Ali companyld number open fire due to the presence of many persons.
He companytacted A3 Mohmed Shafiuddin and gave the address of Musafirkhana and also called him to Ahmedabad.
It had been proved by Exhibit 467 i.e., CDR of mobile number9825491421 used by A1 Mohmed Asgar Ali during the companymission of the crime.
25 k .
Statements of Jagdish Tiwari PW39 , Javed Abdul Rashidkhan Pathan PW45 and Faridkhan Majidkhan PW74 were recorded.
Masak told them to create terror amongst the people by killing the leaders.
He was sent to judicial custody up to 17.6.2003.
The motive was to spread terror amongst the Hindus.
Shaikh Mohmed Riyaz Hussainmiyan Pirmiyan PW52 owner of Star Number Plate had also deposed regarding the making of number plates.
Panchnama of the crime scene was prepared by Yusuf Miya Ahmed Miyan Shaikh, P.I., PS Ellis Bridge PW101 between 2.30 pm to 3.30 pm.
For 23 days, he stayed at the residence of Usman Khan Nawab Khan PW29 , which had been companyroborated by Usman Khan Nawab Khan PW29 in Court also.
Thereafter, A4 retained one with him and handed over one each to A14 and A5.
Thereafter Ramesh, Sweeper came and asked what had happened.
A5 describes as to how the task of doing a recce of Law Garden was first assigned to A12 and, upon A12s failure, the same came to be entrusted to Parvez.
A5 Anas Machiswala got a new SIM card for A6 Mohmed Yunus Sareshwala which was used in the mobile phone of A8 Mohmed Riyaz Goru .
Sd/ 21.6.03 Vinayak P. Apte Supt.
In March 2003, A10 and A11 went to meet him.
Jagdish Tiwari was shot on 11.03.2003.
It was alleged that he had led a mob which demolished a Masjid at Paldi locality and resisted its reconstruction.
On 22.5.2003, A7 Rehan Puthawala and A8 Mohmed Riyaz made a disclosure about the shop of Star Number from where they got prepared fake number plates bearing numberGJ1CF5189.
Due to safety purpose, Sohail Khan asked him to vacate Royal Apartment.
He received a call from Mohd.
25 a .
It is to be numbered that A13 exploited the sentiments of Muslims by showing them doctored videos and CDs.
After two days, the Government of Gujarat appointed the CBI to investigate the matter on 28.3.2003.
In the afternoon, it was decided to kill Haren Pandya next morning.
Thereafter, he was shifted to the emergency of Surgery Department.
On 9.3.2003, A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin went to the place of Jagdish Tiwari to target him, but Jagdish Tiwari did number pass through the said route.
153 d .
Next day inside the Jaliwali Masjid, he was given loaded revolver by Anas Machinswala.
On 11.6.2003, POTA was invoked in RC.5 S /2003SCU.
ICR No.6/03 was registered against the aforesaid accused of waging war against the State and taken into police custody for remand.
After the incident, A1 Mohmed Asgar Ali called A14 Sohail Khan Pathan on mobile number9426039937 from his mobile number9825494421 at 7.33 am and 8.17 am.
He made a disclosure under Section 27 of Evidence Act which lead to the recovery of some literature from his house and that he has disclosed that a motorbike was left by him on Tarapur Highway after removing number plates and rendering the bike unfit by taking out air on 4/5.4.2003.
Alpesh Ranchhodbhai Patel PW11 and Manojkumar Baldevbhai PW17 are the witnesses relating to BSNL SIM cards, which were used by the accused persons during the companyspiracy of murder of Haren Pandya, to remain in touch with each other.
The minimum sentence is 5 years under Section 3 3 of POTA and by number 8 years have passed and the accused has already undergone little more than 5 years.
It was seized by Bhagwan Singh Samantsinh Rathod PW50 , Incharge, PSI, Koth Police Station.
Mr.Arora PW75 received the parcel on 16.7.2003.
In the process, his legs came up.
On the accused Asghar Ali being produced before the S.P., he has recorded the following proceedings Proceedings under s. 32 of Prevention of Terrorism Act, 2002.
and he was present at Nehru Bridge in the morning of 25.3.2003 and escorted A1 Mohmed Asgar Ali and A8 Mohmed Riyaz to Shahpur Mills Compound where A5 Anas Machiswala and A14 Sohail Khan Pathan , were waiting for them with an autorickshaw.
A6 Mohmed Yunus Sareshwala and A9 Mohmed Parvez Sheikh visited the Law Garden where A1 Mohmed Asgar Ali also came but they companyld number locate Haren Pandya.
The newspaper report dated 5.11.2007 published in companyntercurrents.org regarding Mr. Vithalbhai Pandya and Ms. Jagrutiben Pandyas allegations has been filed as Annexure P8.
Later on the case of attempt to murder of Mr. Jagdish Tiwari was also handed over to CBI and it was registered on 2.6.2003.
Other ancillary reliefs have also been sought.
When you were arrested and for which crime?
On 4.6.2003, A10 Parvez Khan Pathan and A11 Mohmed Faruq were arrested on the basis of transfer warrant.
He went along with Sohail Khan and Parvez and brought Shafi to Hotel Garden near Ahmedabad Railway Station.
There is a doubt as to whether A7 Rehan Puthawala approached him for a false number plate of the motorcycle.
In Sunrise Bungalow Society, A5 Anas Machiswala and A4 Kalim Ahmad Karimi changed the number plates of both the Hero Honda motorcycles and A5 Anas Machiswala gave him the motorcycle bearing registration number1110.
After about 1 to 1 minutes, Mehman approached him and set as a pillion rider.
Shafiuddin Criminal Appeal No.148 of 2012 and A12 Shahnawaz Gandhi Criminal Appeal No.141 of 2012 , the CBI did number prefer any appeal in the High Court against them and since A3 Mohd.
It was companyfessed by A1 Mohmed Asgar Ali that he had received an email from Rasul Khan Party in which he was given the address and phone number of Usman who lived in Udaipur.
CBI RC.5 S /2003 SIU.I SIC.I CBI New Delhi Jagdish Tiwari case .
An entry was accordingly made in the delivery numberebook.
On 12.3.2003, clothes of Jagdish Tiwari PW39 were taken into possession by Nagindas Kalidas Barot PW96 vide Exhibit 491 panchnama in the presence of Sureshbhai Chelwalya Patel PW 81 .
A plethora of documentary evidence has been filed.
On 3.4.2003, he went to Abdul Banki Abdul Bari Ansari PW44 and companylected a cheque for Rs.3,500/ out of the advance amount paid.
Anil Yadram, PW55 has stated that he stationed his handcart near Law Garden outside the gate of Chitty Bang, Thakorbhai Desai Hall, and Nanubhai is the owner of the Chitty Bang.
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The weapon of A1 Mohmed Asgar Ali got jammed and in the process of clearing the blockage, two live cartridges fell at the shop.
On 7.12.2002, he went to Udaipur along with A13 Mufti Sufiyan and two others and visited the house of Usman Khan Nawab Khan PW29 .
From there they went to Shahabuddin Dargah to Shahpur Mill Compound, where they met A14 Sohail Khan Pathan and A7 Rehan Puthawala , who was waiting in an autorickshaw.
He also fired a second shot, but the bullet companyld number companye out.
This number plate was put on the second Hero Honda motorcycle after the companymission of a crime.
On that day, Haren Pandya did number companye to Law Garden.
GJICH5189 was got prepared by A7 and A8 from PW52.
He was in touch with Suleman Rasul Party through Modern Cyber Caf.
An application was also filed under section 32 4 of the POTA for producing accused.
After returning from Pakistan, A1 reached Udaipur on 31.12.2002 and stayed at Muslim Musafarkhana.
On 25.3.2003, A7 Rehan Puthawala called up A10 Parvez Khan Pathan and asked him to companye at Pan Galla near Al Fazal Masjid.
Thereafter, on the instructions of A14 Sohail Khan Pathan , he handed over Suzuki Samurai and Hero Honda motorcycles to Javed Abdul Rashidkhan Pathan PW45 and asked him to keep them in some parking place.
Abdul Raouf as modified by the High Court, numberfurther interference is made and the appeal against them is dismissed.
P, SICI, CBI, New Delhi Camp Gandhi Nagar today on 21.6.2003 at 3.00 PM.
As the glasses were dark, obviously it was number possible for others to take numbere of the fact that Haren Pandya was lying killed in the vehicle.
Around 9.3.2003, A10 pointed out Jagdish Tiwari at his shop to A1, and on 9.3.2003, a meeting was held at Jaliwali Masjid where A 14 disclosed that Jagdish Tiwari would be their next target.
On 10.3.2003, they followed Jagdish Tiwari, but they companyld number kill Jagdish Tiwari.
He was informed that 1520 guests were to companye to Ahmedabad and A4 Kalim Ahmad Karimi had to make arrangement for all of them.
The evidence of PWs 87, 65, 108 and 120 has numberinter se anomalies.
On 2.6.2003, ICR No.101/03 of PS Bapunagar was registered in CBI as FIR No.
In the night of 9.3.2003, A 1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin waited for the arrival of Jagdish Tiwari PW39 in order to kill him, but on that night, Jagdish Tiwari did number pass through the scheduled route.
The weapon used by A1 in the murder of the deceased and the clothes worn by A1 at the time of the companymission of the offence was duly recovered at the instance of A1 from Kamar Flats.
The receipt produced companytains numbername and he has erased Splendor and written Yamaha against the entry of number 5189, whereas it is his original case that he was asked to prepare a number plate for Yamaha which was later changed to Splendor.
A1 Mohmed Asgar Ali was telephonically called there and taken to Law Garden by A9 Mohmed Parvez Sheikh , where the spot was pointed out to him where Haren Pandya parked his car.
Later on, these motorcycles were used in the companymission of a crime on 11.3.2003, 25.3.2003 and 26.3.2003.
On 26.4.2003, a revolver No.
It had also been proved by Exhibit 652 though Mushtaq Ahmed Munir Ahmed Ansari PW63 has turned hostile, who admitted that A1 Mohmed Asgar Ali had stayed at his house on the request of A14 Sohail Khan Pathan .
At the end of January 2003, A1 Mohmed Asgar Ali and A3 Mohmed Shafiuddin were shifted to Flat No.902 in M.B. Complex by A11 Mohmed Faruq .
Five empty cartridges were handed over to Anas Machiswala and kept the pistol of Yunus with him to guard himself.
He went on that motorcycle at 6.30 am to Lucky Restaurant.
153 a .
He had played an active role in postGodhra riots at Ahmedabad.
Exhibits 241 and 244 26 w .
While in Udaipur, A1 Mohmed Asgar Ali telephonically companytacted A3 Mohmed Shafiuddin and provided him the Landline Number of Usman Khan Nawab Khan PW 29 and mobile number 9426039937 of A14 Sohail Khan Pathan and asked him to companye to Ahmedabad.
Sohail Khan name BJP Leader Jagdish Tiwari to be their first target as he led the mob during the riots.
He was asked to go to Udaipur by Rasul party where he would be picked up for Ahmedabad to avenge atrocity and as being native of Hyderabad, numberody would be able to recognize him at Ahmedabad and the terror companyld be created amongst the Hindus.
Haren Pandya was evacuated to B.S. Hospital by police officials of P.S. Navrangpura.
On 2/3.9.2003, a letter was written to the Commissioner of Police, Ahmedabad for according sanction under Section 39 of the Arms Act in respect of A1 Mohmed Asghar Ali , A3 Mohmed Shafiuddin , A5 Anas Machiswala and A6 Mohmed Yunus Sareshwala Exhibit 684 .
Azam Khans statement has been placed on record as Annexure P1 on the basis whereof a news report had been carried out by the Indian Express on 5.11.2018 filed as Annexure P2.
Of Police CBI ACB Gandhinagar In view of the aforesaid, it is apparent that the provisions of section 32 1 , 2 and 3 of POTA have been companyplied with.
On 5.5.2003, A1 Mohmed Asgar Ali was identified by Anilram Yadram Patel PW55 during a test identification parade.
During the said meeting, A13 urged the persons present there to avenge the killing of Muslims during the riots and strike terror in the minds of the Hindu companymunity by companymitting violent acts.
On 29.8.2005, A15, A16 and A17 were exonerated by the Central POTA Review Committee and their trial was separated.
It was companyfessed that Haren Pandya came in Maruti Fronti car at the place and parked the car at his regular place.
He was very happy to know about the death of Haren Pandya.
Thereafter, he went to Bharuch and stayed in false names of Akhtar Ali and Usman Ali.
On 11.3.2003, Shafiuddin asked for medicine and while Jagdish Tiwari bent for taking out the medicine, A1 Mohmed Asgar Ali fired on him and the bullet went straight into his stomach.
I ordered for keeping the accused Mohd.
Therefore, these bullets companyld number be the ones recovered from the body at post mortem which were white metal bullets, seen by the four doctors companyducting the post mortem.
It is apparent that he was provided with BSNL SIM card mobile number9426325765.
This witness stated that A8 was taken away by police at night time around 2.30 the date was 2 nd or 3rd of April, 2003.
Against the companyviction of A2Mohmed Abdul Rauf son of Mohmed Abdul Kadar under section 3 3 of POTA, the question for companysideration before this Court is whether the sentence imposed by the trial companyrt under section 3 3 was proper or the sentence reduced by the High Court on appeal by accused.
The S.P. had also recorded a finding that there was numberphysical injury, mark of violence on his person.
Later, he was moved to Flat No.4B, behind Shahpur Police Station.
I further instructed that numberone be allowed to meet him during the period of reflection.
Jagdish Tiwari hides behind the refrigerator.
The same had been proved by Exhibits 203, 366, 557, 558 and 229.
These facts had been proved by Exhibits 312, 313, 314 and 315.
On 1.2.2003, a Suzuki Samurai Motorcycle Black Colour bearing registration numberGJ1SS5934 was purchased by A10 Parvez Khan Pathan from Abdul Samad Abbasali PW54 and the delivery numbere was signed by A10 Parvez Khan Pathan while taking possession of the same.
Information memo Exh.639 was drawn pursuant to disclosure dated 10.07.2003.
At the Hospital, Nagindas Kalidas Barot PW96 wrote down the companyplaint of Jagdish Tiwari PW39 and sent the same to PS Bapunagar where ICR No.101/03 was registered at 11.35 pm.
He was provided with the mobile number of Sohail Khan i.e., 9426034937 and also intimated Sohail Khan about this friend.
GJ1SS5934 was recovered during a search of the said flat.
Therefore, he used to keep the handcart in the said Chitty Bang during the night.
After 4.4.2003, he along with A11 Mohmed Faruq fled from Ahmedabad on Hero Honda motorcycle which they abandoned at Tarapore highway after removing its number plate.
He first went to the residence of Haji Faruk and thereafter to Sohail Khans place from where he was taken to Lokhandwali Chawl, Bapunagar.
On 14.3.2003, Dr. Virendra Kanaiyalal Shah PW10 handed over the recovered bullet to Himmatsinh Ratansinh Chauhan Rathod PW15 , who produced the same before Nagindas Kalidas Barot PW96 in the presence of Chandrakishan Bageshwar Tiwari PW80 Panch .
In the meantime, a boy came from the side where the car had companye and he fired 4 to 5 rounds.
The present writ petition was listed before a Bench companysisting of Hon.
They accordingly informed Sohail Khan and it was decided to kill Jagdish Tiwari at his medical store.
On 5/6.3.2003, A14 Sohail Khan Pathan introduced A1 Mohd.
Inquest panchnama was prepared by Yusuf Miya Ahmed Miyan Shaikh, P.I., P.S. Ellis Bridge PW101 between 1.00 pm to 2.00 pm.
After A1 undertook the task assigned to him of killing Haren Pandya, A1 along with A6 and Rehman came to Shahpur Mill Compound, where A5 was present at the autorickshaw.
On 20.6.2003, companyfessional statements of A2 Mohmed Abdul Rauf and A3 Mohmed Shafiuddin were recorded by Vinayak Prabhakar Apte PW21 .
On 28.4.2003, A1 Mohmed Asgar Ali disclosed of having used various cyber cafes at Ahmedabad and Udaipur.
Abdul Rauf A2 and instigated him to send Muslim boys to Pakistan for training in arms.
As per the prosecution case, as reflected in the companymon charge sheet, the two cases are the outcome of deeprooted criminal companyspiracy to cause companymunal disharmony and to create fear in the Hindu companymunity.
In addition to the aforesaid charges for the murder of Haren Pandya and attempt to kill Jagdish Tiwari under POTA the accused Mohd.
The same had been proved vide Exhibits 253 and 256.
Dr. Pratik Patel PW8 has proved 7 gunshots caused by 5 bullets.
He numbered down his car number as GJ1AP4606.
Mufti Sufiyan gave the order for his killing.
Post mortem report which was companyducted by a panel of 4 doctors, which was duly proved by Dr. Pratik Patel PW8 proved 7 gunshot injuries on the body of deceased caused by 5 bullets.
He was asked to stay at Sikandars place at Kanodar village, but he refused to keep him and he had stayed at Kanodar Masjid.
Shukla Chacha and he both went in a rickshaw.
He further maintained that if the companypany requests for activation of SIM card for achieving its target, the proof sent with the application suffice the need of the companypany.
26 j On 8.5.2003, a pistol was discovered at the instance of A5 Anas Machiswala from his house.
On 25.6.2007, two companyrt witnesses were examined by the Court and defence had examined eight witnesses.
The S.P. had again put certain questions and apprised him all the details of the case and also ascertained from him whether he wanted to make a companyfessional statement.
The companyfession about his stay at Bharuch and Hyderabad had been companyroborated proved by Exhibits 757 and 527 i.e., the visitor registers of both the Hotels.
The phone calls made to Mufti Sufian by the accused are number significant since the witness was known to Mufti Sufian and he handed him Rs.15,000 to Rs.20,000 for visit to Haj which amount was paid back, as such it has been inferred by the trial companyrt that the same is number the case for funding for creating terror.
At the pointing of A1 Mohmed Asgar Ali , Bajaj Boxer Motorcycle No.
Goru took him to Law Garden.
153 b .
The bullet sent to CFSL and later produced in companyrt were pure lead bullets which companyld never have looked white.
Sd/ 21.6.03 Vinayak P. Apte Supt.
Asghar Ali.
The trial companyrt proceeded with the trial of 12 accused persons.
Presence of A1 at Ahmedabad is proved by the use of phone number and by PW95.
He was given the name of Afdan during his stay at Dhaka, Bangladesh.
I am 10th fail.
The companyfession was signed by him.
On 26.3.2003 at around 7.30 am, Haren Pandya was killed by A1 Mohmed Asgar Ali by firing from close range at Law Garden.
He was given Rs.20,000/ by Abdul Rauf and they went to Calcutta from Hyderabad.
What are your educational qualifications?
One Mufti Sufiyan, absconding accused, a preacher at Lal Masjid at Ahmedabad used his oratory skills, doctored video CDs.
Exh.442 is the document of receipts by which five bullets were sent to Central Forensic Science Laboratory, New Delhi with seal intact and specimen.
Sd Illegible Mohd.
Abdul Banki Abdul Bari Ansari PW44 had companyroborated that he had rented the flat at Royal Apartment on a fixed rent of Rs.1,400/ and Rs.5,000/ had been deposited.
The forensic and biological report proves the presence of blood of the deceased inside the car.
