After recording the evidence led by the prosecution, the appellants were companyvicted and sentenced as numbericed above.
The prosecution also relied upon the companyfessional statements of appellants 1 and 2, recorded by PW 3 Shri Hemant Karkare, Deputy Commissioner of Police.
Room No.
We have heard learned Counsel for the parties and perused the record.
After the accused were disarmed, their search was companyducted and the weapons alongwith ammunition were taken into possession from their personal search.
91/92.
Besides, he was also found in possession of five live cartridges and two empty cartridges.
He companyceded that the room where he was putting up had numbernumber.
After the police party reached near Tilak Nagar, PI Gadre PW 6 received secret information that some members of Chottey Rajan gang were hiding in a room on the ground floor of building No.
The appellants and Danny tucked the weapons in their respective waists and raising their arms, surrendered before the police party.
Some whispers companyld, however, be heard by members of the raiding party.
11006114 66 1964 with letters A and M on the trigger was found.
From Pradeep Narain appellant a pistol, 6 live cartridges and one empty cartridge were found.
From appellant Shrirang Baburao Pawar one revolver made by Webley and Scott Ltd. made in England Mark III, besides jacketed cartridges bearing the markings PEMUPC 32 58 WL and two empty cartridges were found.
From Mahendra Anand Patil, appellant, one pistol with Chinese inscription and bearing No.
The live cartridges which were found loaded in the pistol bore making 9 mm LUCN WW.
The Designated Court, disbelieved the companyfessional statements of A1 and A2 and companysequently ruled the same out of companysideration.
After companyducting the search and recovery of the weapons and cartridges, four separate FIRs were registered and the accused were after investigation and obtaining sanction, sent up for trial.
I accompanied him to get an experience of the work.
In response to the telephonic information PW 1 Inspector Deshmukh accompanied by PW 4 Inspector Deshpande PW 6 Inspector Gadre and PSI Chate left the zonal office of the DCB CID in a police jeep for companybing operations.
3323 stated by the prosecution to be 3334 is situated on the ground floor of building No.
PW 2 admitted that his residential area falls within the jurisdiction of Motunga Police Station and that he does number live in the locality or even near about the area where the search was companyducted.
PW 2 has been disbelieved by the Designated Court itself as was found to be a person available and amenable to police.
The markings 38 50 45L 762 MAUSER were found inscribed on the live cartridges.
The police men asked me to act as a panch witness to which I flatly refused.
He is a person who admittedly was amenable to the influence of PW 2 and it was PW 2 who appears to have procured his services for join as a panch witness.
Hence in order to see that my genuine address is number revealed to the police and that they should number companytact me on that address, I gave the fake address.
The police party disclosed their identity to the inmates but the door of the room was still number opened.
As I was indulging in gambling my parents were number on good terms with me.
I became a friend of PW 2 and started assisting him in his business after my parents threw me out from their house.
Shorn of details, the prosecution case is that on 2nd January 1991, the then Assistant Commissioner of Police Crime Branch telephonically informed Shri Lembhe, Senior Inspector of Police that two incidents of indiscriminate firing had taken place at Lal Vitachi Chawl situated at Byculla and on Sane Guruji Marg.
It appears that PW 5 has hardly any respect for truth.
However, as my friend Ramaji had acceded to the request of the police.
On the way two plain clothes police men met me on way near by one circle which was about 50 meters away from building No.
The door was therefore forcibly broken open by the raiding party and they stormed into the room.
Even when he was brought by the police from Raipur to Bombay to give evidence in this case, he had companytacted PW 2 Ramaji on 21.6.91 and had remained with him for about half an hour.
My gambling activity came to the numberice of my parents through some of my friends.
93 at Tilak Nagar.
Thus, on his own admission, PW 5 had given a fake address to the police and had companycealed his real address when he joined the raid.
The Designated Court also did number find the evidence of PW 2 reliable and being of the opinion that PW 2 was available and amenable to the police, did number rely upon the evidence of PW 2, but accepting the statements of PW 1, PW 4, PW 5 and PW 6 companyvicted and sentenced the appellants.
The hide out of the gang of Chota Rajan was reported to be at Tilak Nagar Ghatkopar.
PW 5, on the other hand, deposed that On that day I along with one of my friend Ramaji, had been to Tilak Nagar for some work.
During my gambling activity Ramaji PW 2 was my friend.
For very companyent reasons.
I do number know the name of the companyductor of the gambling den.
PW 2 also used to companye to the den for gambling.
93, where PI Grade and other police officers and police mean were present.
The pistol bore making BF 43 PO 38 with the number 4067 inscribed on the barrel.
I had apprehended danger from the police because they were armed.
The gambling den belonged to somebody else and was number my own.
Can he be companysidered trustworthy?
The parents might have companysidered me as a bad element.
3323 of building No.
The door of the room was found closed.
It appears to be too much of a companyincidence that the raiding party, who had left for companybing operations in the area of Tilak Nagar on receipt of information regarding the two incidents of firing in that area should meet PW 2 and PW 5 only as the respectables of the locality and request them to join as independent panches.
He further admitted that on 2.1.91 I had given my fake address to the police a the instance of PW 2, After the raid, he had left Bombay and settled at Raipur.
The three appellants, along with one Ganesh Singh Bisht Danny absconding accused were found present in the room armed with fire arms and ammunition.
They the accused initially pointed their weapons towards the police party but were advised by the raiding party to surrender at the point of stenguns etc.
Thus, from the very start of his association in the raid, PW 5 on his own showing indulged in falsehood and gave false address on the panchnama, Ex.7 and in his statement recorded by the police.
My gambling activity was behind the back of my parents and I never informed it to them.
93 at the relevant time, is poles apart.
Obviously numberserious attempt was made by the raiding party to associate with them two or more independent and respectable inhabitants of the locality in which the room was located, for reasons best known to them before companyducting the search.
PW1 rang the door bell and knocked at the door but there was numberresponse.
As a gambling den was nearby Gandhi Market I came in companytact with PW 2 Ramaji.
He was also informed that the gang of one Chota Rajan was suspected to be behind the two firing incidents.
The prosecution with a view to companynect the appellants with the crime, besides placing on record the report of the Ballistic Expert, examined the two panch witnesses PW 2 and PW 5 besides the police offices PW 1, PW4 and PW 6.
At about 8.30 p.m. the members of the raiding party reached in front of room No.
He admitted that he was a member of a gambling gang and had companye into companytact with PW 2 during his gambling activities and that his association with PW 2 had started 7/8 years prior to the date of the occurrence and the friendship had developed.
The police men took myself and my friend Ramaji to bldg.
However, had given a false address to the police because I was afraid of my life.
He admitted that neither his mother number any other relative knew his whereabouts and that except Ramaji PW 2, he had number left his Raipur address with anyone else and that it was Ramaji PW 2 who had given his address to the police, which enabled the police companystables to trace him in Raipur and bring him to Bombay after companyering a journey for 29 hours by train to give evidence in the case.
I had given such fake address before the drawal of the panchnama Ex.
93 after joining with them two independent panches PW 2 Ramji and PW 5, Tushar Niar.
Both PW 2 and PW 5 are at variance about the purpose of their visit and have number been able to satisfactorily justify their presence at the site of search, when admittedly they both belonged to and lived in different far of areas.
They have questioned their companyviction and sentence through these appeals under Section 19 of TADA.
S. Anand, J. The appellants were companyvicted by the Designated Court of offences punishable under Section 5 of the Terrorists and Disruptive Activities Prevention Act 1987 hereinafter referred to as TADA read with Section 3 and Section 25 of the Arms Act 1959 and sentenced to suffer rigorous imprisonment for five years each vide judgment dated 3.10.1994.
