The brief facts leading to the filing of the present appeals are as follows According to the prosecution, on 03.8.1992, the accused formed an unlawful assembly and companyspired together along with the absconding accused Sharifkhan, Resulkhan, Aminkhan Mojkhan and Imtiyaz and launched an attack on the deceased Hansraj Shivgopal Trivedi and other persons who were with him.
He admitted that necessary certificate was number issued below the companyfessional statement of the accused.
He also identified the accused during recording of his evidence.
Apart from Hansraj, Badshah Khan also sustained injuries during the firing.
He also explained about the gang rivalry between Hansraj Trivedi and Latif.
The statement also shows that there was numberthreat or intimidation given to him.
The companyplaint was given by Laxmansinh Madansinh Bhadoria on 3.8.1992 in the Odhav Police Station bearing 1 CR No.
8/1993, 144/1993, 2/1996, 4/1996 38/1996 whereby the learned Judge companyvicted the appellants under Section 302 read with Section 120 B I.P.C., Sections 25 1 c and 27 of the Arms Act and Section 5 of the TADA Act and sentenced them under different companynts of punishment including life imprisonment.
Though he was acquitted by the Designated Court, let us companysider his statement how he implicated these appellants.
Subsequently, he was given time to companysider and on the next date, he was called to record the companyfessional statement.
Kantibhai Jethabhai Solanki, Ramkumar Rajaram Upadhyay, Hansraj Shivgopal Trivedi, Gatu Valnath Jogi, Shailesh Amrutlal Panchal, Dinesh Dayalji Desai, Hasmukh Gandabhai Patel, Asharafkhan alias Badashahkhan Pathan and Jayantibhai Joitaram Patel.
He further stated that Sharifkhan and Javedkhan both were having AK 56 rifle.
He further explained that on behalf of the B.D. Patel and Sons, one Jahangir Patel, A 29 used to visit their shop in companynection with the sale of weapons.
In addition to the sentence, the Designated Judge also directed the accused persons to pay fine separately.
In his case also, he followed all the procedure.
The companyplaint was made by one Laxmansingh Madansingh Bhadoria, who lodged FIR about the incident.
144 of 1993, 24 persons were shown as accused.
The companyplaint also describes about the companyspiracy hatched as per the Abdul Latif to get rid of Hansraj and others.
In support of the same, the prosecution examined 62 witnesses.
Badashahkhan, who had also sustained injuries was also brought down from the first floor and brought to Shardaben Hospital for treatment.
Two persons stood near the staircase of Gymkhana and Sharifkhan, Jawedkhan, Abdulkhurdush and Liyakat Master were shown Hansraj Trivedi who was playing game of cards in the room.
Though, the argument was raised that there was numbercompliance of Rule 15 5 that the companyfessions recorded were number sent to the Chief Judicial Magistrate or the Magistrate having jurisdiction over the area immediately after recording the same, if we scrutinize the evidence of the recording officers who were all number below the rank of Superintendent of Police Dy.
254 of 1992.
Badshah Khan replied that the members of Latif Gang came to the Gymkhana and fired indiscriminately on Hansraj and others whom sustained serious injuries.
Abdul Khurdush was having pistol and Sabbu Haji Mania and Mohammed Tasalim were having revolver in their possession.
Commissioner that after recording the companyfessional statements of the accused, particularly, in respect of A 27 and A 28 in accordance with the mandates of Section 15 and Rule 15, they were handed over to the Investigating Officers and in turn, to the companycerned Court.
Abdul Latif had purchased 38 revolvers, 17 pistols and 5 NP Bore rifles without licence from him.
All the accused along with absconding accused hatched the companyspiracy to eliminate the rival gang under the leadership of Hansraj Trivedi.
After getting a message, Latif instructed them to kill Hansraj Trivedi who was present in Gymkhana.
As rightly pointed out by the Designated Court, his statement naming several persons companyroborates the companyfessional statement given by Tajammulhasan Alihasan Ansari A 27 .
Sabbu Haji was given information about Hansraj Trivedi who in turn gave the information to Abdul Latif.
When Hansraj Trivedi saw them in the room with weapons, he tried to escape.
In pursuance of the same, nine persons were killed and three persons were injured by indiscriminate firing resorted to by the appellants accused with revolvers and automatic guns.
If the prosecution had been out to implicate all accused falsely in case, the dying declaration would have been so recorded.
According to him, he had been working as a Manager in Keval Kishan Sharma Arms and Ammunitions Dealer Shop since 1989.
At the end of his statement, he also put his thumb impression and Deputy Commissioner of Police, Ahmedabad city who recorded his statement authenticated the document by putting his signature.
He had also fired towards the people.
Sabhu Haji also came in Maruti Fronti Car wherein Musharraf, Ahmed Hussein, Abdul Latif, Sabbirhussein and other two persons were sitting while Imtiyaz came on the scooter at Radhika Gymkhana.
One Jitendra Narayan Rajgor, Deputy Commissioner of Police, Crime Branch was examined as P.W. 49.
He narrated the incident which took place in Radhika Gymkhana on 03.08.1992.
He had stood down near the stairs.
On the date when Hansraj Trivedi was murdered, first he went to Hansraj Trivedis office at 4 o clock in the afternoon but finding that he was number there he went to Radhika Gymkhana situated near Gauri Cinema.
Two persons of the Abdul Latifs gang waited near the staircase and used weapons with a view to disperse the crowd which had gathered near the Gymkhana.
He also informed the companyrt that one person from the car came to his shop and asked him in Hindi to close his shop and switch off the light.
He also implicated Sharifkhan, Mohammed Tasalim, Musharrafkhan, Javedkhan, Rasulkhan Party and Imtiyaz Ahmed.
Being a member of the Latif gang, he enquired the whereabouts of Hansraj Trivedi at his office and ultimately found that he used to go to Radhika Gymkhana to play cards.
As accused were members of unlawful assembly, the charge under Section 148 of IPC was also framed against them.
On 09.03.1993, when he was working as Deputy Commissioner of Police, the Investigating Officer had produced Abdul Khurdush Abdul Gani Shaikh for the purpose of recording his companyfessional statement.
In his testimony, he has stated that on 05.04.1996 one accused Jahangir Mazarban Patel A 28 was produced before him for the purpose of recording the companyfessional statement.
He also explained the enmity between the Hansraj group and Latif over the sale of liquor.
According to him, on 07.09.1992, the Investigating Officer had produced accused by name Mohammed Tasalim Alias Kalu Mohammed A 2 for the purpose of recording his companyfessional statement.
He explained that in the Fronti car of Latif, himself A2 , Sharifkhan, Javedkhan, Liyakat Master, Abdul Khurdush, Sabu Haji and in the second Maruti Fronti Car, Mussarafkhan, Ahmed Hussain Kaliyo, Abdul Latif, Sabir Hussain, Latifs known person name number mentioned and Sharifkhans known person name number mentioned .
His statement also shows that there was numbercoercion or force while recording his statement.
Like others, he also stated that after firing and killing of Hansraj Trivedi and others, they returned to their cars and went to Madhs Mohalla.
On hearing the gun firing, the public gathered near Gymkhana, the gangmen of Latif rushed to their cars and returned to their place.
On 21.12.1992, after companyducting the trial in which 62 witnesses were examined by the prosecution and 139 documents were exhibited including the companyfessional statements of various accused, the Designated Judge companyvicted the accused under various sections of the I.P.C., Arms Act and TADA Act.
In pursuance thereof, they reached in two cars at Radhika Gymkhana and they verified that Hansraj Trivedi and other members are playing game of cards and thereafter the members of Abdul Latifs gang resorted to firing in an indiscriminate manner and killed Hansraj Trivedi and eight other persons.
Their statements were recorded and obtained their signature below their companyfessional statements.
Their weapons were kept in the car of Abdul Latif.
The officer has also followed the strict procedure and the accused voluntarily made the companyfessional statement.
Accused No.
Thus the purchase of the weapons and use thereof by accused companycerned were all duly proved by the prosecution.
Though the companyplainant was number examined, however, the prosecution adduced materials in the form of oral evidence, companyfessional statements of the accused, documentary evidence, dying declarations and test identification parade.
Out of the aforesaid accused, accused Nos.
After companymitting the said crime, they were hiding in Dariyapur.
Accused Nos.
It was he who rushed down to the ground floor and informed Rajendrakumar Shivgopal Trivedi, the elder brother of Hansraj.
The four persons who had gone upstairs came down speedily and reached the car and returned to their workshop of Latif.
PW 13, Kamaleshkumar Babubhai Modi, who was having a Pan Galla near Gauri Cinema, deposed that he was sitting in his shop on 03.08.1992 and had seen one Maruti car companying from Hotel Dreamland at about 7 30 in the evening.
Thereafter, he went to the first floor of Gymkhana and he himself, Sharifkhan, Jawedkhan and Abdul Khurdush were standing near the door of the room, Imtiyaz had shown Hansraj Trivedi and thereafter all the four persons started firing.
When he reached Gymkhana, Hansraj Trivedi, Badashahkhan Pathan and other 12 15 persons were playing game of cards.
This was recorded on 29.08.1996 and 30.08.1996.
According to him, with the persons gathered, Hansraj was brought down from the first floor and he was taken to hospital in car.
The first accused, namely, Liyakathussein Alias Master Khudabax Shaikh A1 His companyfessional statement was recorded on 06.09.1992.
It was further stated that immediately Rajendrabhai came with Fiat NE 118 car and Hansraj and Badshahkhan who had sustained injuries had taken in that car to the Shardaben Hospital for giving immediate treatment.
The number plates of both the cars were removed.
One, Jitendrakumar Ranchhodlal Patel was examined as PW 56.
PW 4, Rajdev Gopal Trivedi, another brother of Hansraj Trivedi, who also rushed to the Gymkhana Club narrated what his brother PW 2 has stated before the Court.
He further deposed on 04.04.1993 and 20.05.1993 the accused Mohammed Shafi Abdul Rehman Shaikh and Abdul Hamid Alias Babu Battery Gulam Nabi were produced before him for the purpose of recording their companyfessional statements by following all the procedure and affording sufficient time.
Sharifkhan was driving the car in which he was traveling and another car was driven by Musharrafkhan.
Because of this gang rivalry of Hansraj with Abdul Latif and the members of his gang, the enmity developed between two of them and in furtherance of companyspiracy hatched initially, in the afternoon of 03.08.1992, Abdul Latifs gang went to the office of Hansraj but Hansraj was number available there, therefore, the members of Abdul Latifs gang returned to Madhs Mohalla, Dariapur.
PW 2, Rajendrakumar Shivgopal Trivedi, brother of deceased Hansraj Shivgopal Trivedi, has deposed before the Court that he had received phone call from Ranjitsinh Ramansinh Rathod at about 8 O clock and he had mentioned about the firing which took place in the Gymkhana.
PW 8 to PW 12 Post Mortem doctors, who examined the dead bodies, deposed before the Court about their nature of injuries and the cause of death.
He came to know that when the firing was resorted to in the Club, several persons had gathered near the Club and Mohammed Tasalim and Sabbu Haji also fired on them.
5 to 6 persons came out from the car and they were having revolver and automatic machine guns.
Further, A 28 purchased the revolver which was used in the companymission of offence from Keval Kishore Sharma of Delhi and the same is reflected in his companyfessional statement.
The office situated in C/6 Lakshminagar Aruna Park, Delhi.
When he was driving the car, Ranjit Singh had asked Badshah Khan about the incident and injuries.
He came to know that nine persons had died in the firing and three sustained injuries.
Panchnama in respect of recovery of one pistol and revolver which was lying on the table was prepared in his presence.
Hansraj Trivedi, who was having his liquor den in Sonis Chawl situated at Odhav area was also selling liquor.
The name of the shop is Anal Armory and according to him at the relevant time he was having the licence to keep the arms and ammunitions.
Accused No.
After narrating what had happened in the forenoon of 03.08.1992, he explained that in the evening he was sitting along with his other gang members.
He narrated that he used to purchase liquor from Abdul Latif since 1992 because his father had a liquor permit.
All the sentences were ordered to run companycurrently.
They also asserted that procedures were fully followed before companyducting Identification Parade in respect of those accused.
His companyfessional statement was signed by him as well as the Competent Officer.
Both of them also resorted to indiscriminate firing on the witnesses Vrujlal and Mohan Meghnath which caused serious injuries to them.
According to him, pursuant to the threat, he had closed the shop and heard the numberse of firing.
PWs 20, 21, 22, 23 and 59 all Executive Magistrates, who companyducted the Identification Parade of the some of the accused viz.,
Their evidence clearly support the prosecution case that the deceased were gunned to death due to bullet injuries.
He also mentioned that at the place of occurrence, Sharifkhan had kept the automatic rifle with him, Javedkhan had taken the second automatic rifle, Liyakat had taken the revolver, Khurdush had pistol and Sabu had revolver.
PW 55, Mohanlal Laxmichand Anal, who was having his shop dealing in arms and ammunition in New Delhi.
Aminkhan Alamkhan Mojkhan Pathan A 29 has also made a companyfessional statement before the companypetent officer.
He also explained the dispute with regard to purchase of liquor between his brother Hansraj and Latif.
He deposed that during his duty on 18.03.1996, one accused Tajammulhasan Alihasan Ansari A 27 was produced before him by the Competent Officer to record his statement.
Ashish Satyapal Bhatia, Superintendent of Police, was examined as P.W. 51.
He also stated that the car in which Latif was sitting was having 30 rifles and Abdul Khurdush and Rasulkhan party used to make arrangements for the weapons.
In the cross examination, he had stated that he had recorded nine companyfessional statements.
One Jasbhai Chootabhai Patel, Deputy Commissioner of Police, Western Zone, was examined as P.W. 26.
Apart from him, other 8 to 9 persons were also lying in the room having sustained serious injuries.
He also had a revolver.
On the strength of the companyplaint, various offences were registered against the accused persons.
He was also cautioned about the fact that his statement companyld be used against him in future.
He used to sell empty plastic bags which remained at the liquor den.
Thereafter, they went to Radhika Gymkhana where Imtiyaz was present.
He also explained how he and his gang men went to Gymkhana in two Maruti Fronti Cars.
Again after following the procedure, he recorded his statement and thereafter, his signature was obtained below the same.
Apart from companyfessional statement of the accused which we have discussed hereinabove, the prosecution had also relied on various other witnesses and the Designated Court has rightly accepted the same.
On hearing this information, all the appellants came in two cars and kept the same near Gauri Cinema.
After making such statement, he put his signature at the bottom and necessary certificate was appended by the Competent Officer as provided under Rule 15 3 of TADA Rules.
Aggrieved by the companyviction and sentence imposed by the Designated Judge, Ahmedabad, the appellants filed the above appeals before this Court.
All the four went inside Gymkhana and there were sounds of firing.
Apart from the above evidence about the dispute between the two groups firing on 03.08.1992, the evidence of doctors who companyducted post mortem in respect of the deceased also support the case of prosecution.
A perusal of his statement A 27 shows that he disclosed the names of Sharifkhan, Jawedkhan, Abdul Khurdush and Liyakat Master and about their plan going to Gymkhana in two maruti vans to eliminate the rival gang leader Hansraj Trivedi and others and started indiscriminate firing killing Hansraj Trivedi and others.
He identified A 3, Jawedkhan.
He deposed that the order for revolver was given by Jahangir Patel, A 29.
In spite of warning and threat, since Hansraj Trivedi was number acceding to the directions of the Latif gang, a plan was chalked out to get rid of Hansraj Trivedi and, therefore, the attempt was made to locate the presence of Hansraj.
The accused persons were arrested by the police and after submission of charge sheet, necessary charges were framed by the Trial Court.
Abdul Khurdush Abdul Gani Shaikh A20 His statement was recorded on 10.03.1993.
He narrated that the members of Abdul Latif gang used to sell liquor in Ahmedabad and used to force everyone to purchase liquor from the members of Latif Gang and on refusal, they used to give threat and intimidation to them.
Maharajsinh Kunver Pratapsinh Rajput was examined as PW 58.
His companyfessional statement was signed by him and necessary certificate has been appended by the Competent Officer.
Since companyplainant was number alive during the trial, therefore, he was number summoned by the prosecution.
The evidence of PW 6 shows that he had recorded the dying declaration as narrated by the deceased.
There was long standing enmity between the two gangs in the sale of liquor.
In our opinion, though A 29 was a member of Latifs gang, his direct involvement in the said incidence as well as companymission of the offence was number proved by the prosecution case resulting in his acquittal by the Designated Court.
He also explained about the gang rivalry between Latif and Hansraj Trivedi in respect of sale of liquor.
Thereafter, he recorded his statement and he had put his thumb impression below his statement.
The original companyy of the companyfessional statement was transmitted to the Magistrate.
He explained that in 1991 92, when he was working in the factory of Taufiqkhan Pathan, Hansraj Trivedi used to sell liquor near Ajit Mill and in that way he came in companytact with him.
He used to visit Abdul Latif two or three times in a week.
After resorting to firing, they immediately went down stairs and came to Dariapur with their weapons.
1, 2, 3, 4 and 20 were charged under Section 5 of the TADA Act as well as under Section 25 1 c and Section 27 of the Arms Act.
After firing, all of them went to Dariapur.
The statement also shows that a proper certificate in terms of Rule 15 3 was appended along with it.
In his case also, at the time of recording his companyfessional statement, the Competent Officer has taken all necessary precautions and due care, to ascertain from him as to whether any threat or companyrcion was used against him at the time of recording his companyfessional statement.
He highlighted how these accused persons came in a car and went to the AC room situated in the first floor of Gymkhana where Hansraj and his associates were playing the game of Rami.
He deposed that when he was staying in the office of Hansraj at about 7 30 hours in the evening of 03.08.1992, he had received the message that firing was resorted to in Radhika Gymkhana Club.
The attack was planned to kill him and other members of his gang.
He also put his signature.
Heard Mr. Sushil Kumar, learned senior companynsel, Ms. Nitya Ramakrishnan and Ms. Kamini Jaiswal learned companynsel, appearing for the appellants accused, Mr. Yashank Adhyaru, learned senior companynsel appearing for the State and perused the relevant materials including oral and documentary evidence adduced before the Designated Court.
He also highlighted the enmity between Hansraj Trivedi and Latif in respect of sale of companyntry liquor.
After the intervention of police, Hansraj Trivedi closed the business there and for the purpose of Varli Mataka Gambling he used to go to Sabbu Hajis Quarter situated at Gomtipur and there he came in companytact with Sabbu Haji and one Isharaq Pahelvan who was known to Sabbu Haji.
In his case also, the Competent Officer, who recorded his statement, cautioned him that there is numberneed to make any statement and it would be used against him.
According to him, Sharifkhan was having automatic machine gun.
They also pointed out that the alleged companyfessions were number sent to the Magistrate within a reasonable time and the same is in violation of Rule 15 5 of TADA Rules.
After all these formalities, his companyfessional statement was recorded.
His statement was recorded by the Deputy Police Commissioner, South Zone and the accused put his signature below his statement.
It is also clear from their evidence that the vital injuries sustained were caused due to the use of the firearm and all the injuries were inflicted prior to the death of the deceased.
The said two accused also forced the shopkeepers to down their shutters.
He also deposed that his statement was recorded by the police on 04.08.1992.
A 27, A 20, A 3, A 2 and A 1, explained the same in minute details.
He explained that Sharifkhan and he had taken machine gun and rifle.
He had also put his signature.
He also explained that Hansraj Trivedi used to receive threat from Latif for number purchasing liquor from him.
Jahangir Mazarban Patel A 28 has made a companyfessional statement before the Competent Officer which was recorded on 06.04.1996.
The officer had explained that he had also followed the same procedure and recorded his statement as per his statement.
He also deposed that his elder brother Rajdev and other persons from the neighborhood arrived at the scene of incident.
On receipt of the said message, he went to the Club along with the others and on reaching the first floor of the Club, he numbericed seven persons were lying in the pool of blood having sustained serious injuries.
He mentioned the name and other details of 26 persons as members of Latif Gang who were involved in the matter of companyspiring to murder Hansraj Trivedi.
However, numbercertificate was appended.
In turn, the accused informed him in clear terms that he was aware of the companysequences in making such statement including the fact that the same would be used against him.
In spite of several threats, he never used to purchase liquor from the members of Latif Gang which resulted in bitter enmity between the members of Latif Gang and Hansraj Trivedi.
Subsequently, he came to know that due to the firing, six to seven persons were killed in the Gymkhana.
Thereafter, again in the evening, Abdul Latif received an information that Hansraj and other members are playing game of cards in Radhika Gymkhana at around 8 O Clock and on the strength of the said information, the plan was chalked out to launch an assault on Hansraj Trivedi and other members and to eliminate Hansraj Trivedi.
The accused No.5 Maksud Ahmed Fateh Mohammed Shaikh had given the companyfessional statement on 20.11.1992.
572 and examined their Investigating Officer PW 59.
Badashahkhan was also fired upon.
He also mentioned the weapons that were carried by himself and others.
One Natvarlal Veljibhai Patel, who was working as DCP, Controller was examined as P.W. 25.
On 19.03.1996, the said accused was again called for the purpose of recording his companyfessional statement.
According to him, 5 to 6 persons alighted from the car and they went to Madhuram Park and they were armed with weapons.
Mohammed Tasalim was standing near the stair case of Gymkhana with revolver.
He also mentioned that some of the accused were arrested by the police.
He used to purchase revolvers and pistols from one Keval Kishore Sharma, an Arms and Ammunition Dealer from New Delhi in the year 1991.
On reaching the spot, he himself, Javedkhan, Sharifkhan and Abdul Khurdush had entered the Gate and Imtiaz had gone into Radhika Gymkhana by the stairs ahead of them and others followed.
Latif and other members also came to Dariapur in another car.
Abdul Khurdush was having pistol and Sabu Haji and Mohammed Tasalim were having revolver in their possession.
It is also relevant to numbere that one Khushpalsing Nathulal Doshi, Deputy Commissioner of Police, Law and Order, Ahmedabad was examined as P.W. 61.
1,2,3,4 and 20 went to Radhika Gymkhana near Gauri Cinema, Odhav on 03.08.1992 in a Maruti Fronti Car.
1, Liyakathussein and absconding accused Sharifkhan fired on Hansraj and other seven persons resulting in their death.
25 Abdul Latif Abdul Wahab Shaikh, who was the gang leader, was accompanied by Accused Nos.26 Sabbirhussein Husseinmiya Shaikh, and 27 Tajammulhasan Alihasan Ansari, with a view to get rid of Hansraj.
One, Shivputra Chandrapal, who was working in the office of Hansraj was examined as PW 26 before the Court.
But the Designated Court has companysidered the companyfessional statement of A 2 only as admissible evidence amongst all the nine companyfessional statements recorded by him.
The said companyplaint was given to the Police Superintendent.
In his statement, he mentioned in categorical terms that Abdul Latif, Sharifkhan, Jawedkhan, Liyakat Master, Abdul Khurdush, Sabbu Haji and Musharraf went to Radhika Gymkhana and resorted to firing.
He highlighted that he and other gang members of Latif held meeting and chalked out the plan to eliminate Hansraj Trivedi.
All of them went to the first floor of the Club and when Sharifkhan opened the door and Hansraj Trivedi was shown, firing was started.
In his statement, he also explained the business of Hansraj Trivedi and the rivalry between him and Latif.
Mohammed Taslim alias Kalu Mohammed Ummer Shaikh A2 His companyfessional statement was recorded on 08.09.1992 by the Deputy Commissioner of Police, Western Division, Ahmedabad City.
He also verified from the accused that numberforce and threat was used against him to give companyfessional statement.
In his testimony, he deposed that on 26.03.1993, one accused Mohammed Farooq Alias Farooq Bawa Allarakha Shaikh was produced by the Police Superintendent Mr. A.M. Desai for the purpose of recording companyfessional statement.
During the companyrse of raid, Sharifkhan and he were arrested with revolver and pistol.
Liyakat Master was having revolver.
The companyplainant had also narrated that on reaching the AC room, he found that 11 persons had sustained injuries due to firing of bullets and they were lying in the pool of blood.
The companyfessional statement of Musharrafkhan Gorekhan, Iqbal Hussein Alias Lalo Son of Kasambhai Faqirbhai, Mohammed Uwesh Son of Gulam Mohammed, Amirmiya, Hafizuddin Kadari, Mohammed Amin Alias Chotely was recorded by the companypetent officer and all the formalities which was expected from the companypetent officer was performed by him prior to recording the companyfessional statement and thereafter the companyfessional statement of all the accused were recorded as requested by him.
On seeing his companyduct, indiscriminate firing was resorted to killing several persons.
After narrating all these events, he signed his name and the officer who had taken down also put his signature.
After return to the garage of Latif at about 7 O Clock on receiving information that Hansraj Trivedi was playing game of cards in Radhika Gymkhana, members of Latif Gang i.e. Sharifkhan, Javedkhan, he himself, Abdul Khurdush, Sabbu Haji Maniar and Mohammed Tasalim went to Gymkhana.
He also stated that on the next day, he came to know that where they had fired at Radhika Gymkhana, eight to nine persons were dead including Hansraj Trivedi and his man Badshahkhan.
Thereafter, they went to Gymkhana in two white Maruti Fronti cars.
After ascertaining that he was free and numberforce or companyrcion was used to give companyfessional statement and after giving sufficient time, his statement was recorded.
On 03.08.1992, he went to the office of Hansraj Trivedi along with Sharifkhan, Jawedkhan, Abdul Khurdush Rasul Party, Musharrafkhan, Mohammed Tasalim and Imtiyaz.
He also narrated various instances of firing and killing of persons, use of Arms and Ammunitions supplied by him.
In the meantime, Hansraj succumbed to the injuries.
All the safeguards and procedures were followed before recording his statement.
He was in possession of revolver.
He recorded his statement as requested by him.
He asserted that necessary certificate was appended to the companyfessional statement given by the accused.
On hearing the information over phone, he went in the car to Radhika Gymkhana and when he reached on the first floor of the Gymkhana, he saw his brother Hansraj Shivgopal Trivedi in a pool of blood having sustained serious injuries.
He satisfied that the accused was number forced to make any statement and numberthreat or force or companyrcion was used against him to give companyfessional statement.
This statement shows that he was very well aware of the fact that the same would be used against him.
It was further submitted that numbercontemporaneous record to support the companyfessions were produced.
To show that the said area has been declared as a numberified area in terms of TADA Act, the prosecution has placed Exh.
Sathasivam, J. All the above appeals were filed before this Court under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as the TADA Act against the order dated 21.10.2002 of the Designated Court at Ahmedabad in TADA Case Nos.
He informed the companyrt that after recording the statement the sealed companyer in which companyfessional statement was placed along with the accused was handed over to the Investigating Officer for the purpose of transmitting the same to the Court of Metropolitan Magistrate, Ahmedabad.
Their statement before the Court cannot be ignored, on the other hand, it supports the prosecution case about the involvement of accused Appellants in the firing that took place on 03.08.1992 at Gymkhana.
