13, towards the southern and eastern side of Sawai Man Singh Stadium Jaipur, where the State level function on Republic Day was going to be celebrated.
318 of 2000, D.B. Criminal Appeal Nos.
In that letter, the names of some persons, i.e., Raies Beg of Agra, Dr. Abdul Hamid of Firozabad and Pappu Puncturewala were mentioned.
On the basis of the said information, the investigating officer arrested five persons, namely, Abdul Hamid, Raies Beg, Abdul Mateen, Pappu Saleem and Chandra Prakash on various dates.
In defence, numberwitness was examined on behalf of any of the accused persons.
The learned trial Judge came to hold that the involvement of the said accused persons in the companymission of the crime was reflectible from the evidence of number of witnesses and the prosecution had established their role beyond any shadow of doubt.
It was clear from the testimonies of Jai Narayan, PW 6, and Gopal Saini, PW 7, that Abdul Mateen had led to the recovery of the bomb and the charge of crime punishable under Section 9B of the Explosive Act levelled against the accused Abdul Mateen has been proved beyond reasonable doubt.
The learned trial Judge framed different charges against the four accused persons and we think that it would be apt to refer to the charges framed against each of them.
In the evidence of Jai Narain, PW 6, Gopal Singh, PW 7 and Shivnath, PW 22, it has companye on record that the bombs were recovered at the instance of accused Abdul Mateen on 28.6.1998.
The accused persons in their statements under Section 313 of the Code took separate plea and hence, it is obligatory on our part to record their pleas individually.
To bring home the charges against the accused persons, the prosecution examined as many as 78 witnesses and brought on record exhibits P 1 to P 296.
Pertaining to Chandra Prakash, the Court held that explosive substances including gelatin and dynamite in huge quantity were recovered from his possession on 1.8.1997.
Later on, the investigation of the case was transferred to C.I.D C.B. During the investigation, an anonymous letter in Urdu language dated 1st June, 1997 was sent to the Superintendent of Police, wherein some information was given which was alleged to have been gathered by the senders who described themselves as well wishers while they were in custody in the Central Jail, Jaipur, in respect of the bomb blast that took place on 26th January, 1996 at the SMS Stadium, Jaipur.
All the accused had been sentenced separately by the learned trial Judge.
Scanning the evidence, it recorded that the dynamite was used in both the bombs.
After carrying out the detailed investigation, the police laid the charge sheet against the arrested accused persons, namely, Chandra Prakash, Abdul Mateen, Raies Beg and Abdul Hamid.
Being grieved by the aforesaid companyviction and sentence, the accused persons preferred separate appeals before the High Court being D.B. Criminal Jail Appeal No.
However, documentary evidence was produced by them, i.e., exhibits D 1 to D 5.
They used to meet at the Madarsa of village Farah and the companyspiracy was hatched.
The glasses of the windows of the pavilion near the explosion had broken into pieces.
The plea of Abdul Hamid was that he never gave any information to the police during the investigation of the case and he did number furnish any information about the shop of Mohit Jain, PW 30, situated at Delhi and he had been falsely implicated.
Ashlam Baba was the financial head of a terrorist organization by the name of Harkat ul Ansar, and during the companyrse of investigation, the accused Abdul Mateen was arrested from Srinagar and numberpassport or visa was found in his possession.
He also took the stand that he had number taken any room on rent in Krishi Upaz Mandi or any shop near the power house on rent and disputed the recovery from any shop.
All the accused persons abjured guilt, pleaded false implication and, accordingly, faced trial.
As all the appeals relate to defensibility of companymon judgment passed by the High Court in respect of all the accused appellants, they are disposed of by a singular judgment.
We shall refer to the relevant parts of the testimonies of the vital witnesses and advert to the documents which have been stressed and emphasized upon by the prosecution at a later stage.
In the said information the accused had stated that the two bombs were inside the SMS Stadium and he companyld verify the places by going inside the stadium.
That apart, Chandra Prakash was identified by Pappu and the key of the godown was with the accused and he opened the lock of the said godown from which 28 kattas of ammonium nitrate were recovered.
The live time bomb was duly recovered and accused Abdul Mateen had exclusive knowledge and it was he who planted the time bomb at that place and it was proven from the testimonies of the witnesses.
In the said case, the companysent for the prosecution was granted by the Additional District Magistrate by numberification dated 24.4.1995 issued by the State Government.
From the godown, fuse wires and five kilograms of grey companyoured material was also recovered.
The office of PW 32 was also in the said building.
As far as Abdul Mateen is companycerned, the trial companyrt held that it was clear from the evidence of GPS Wirk, PW 69, Assistant Commander, BSF, that Mhd.
Accused Chandra Prakash, apart from false implication, denied any relationship with Pappu Saleem, PW 1, and further stated that numberkey was recovered from him and he did number open any godown and room with his keys.
The public at large, which was present inside the Stadium, was informed to leave the Stadium so that the check and security companyld be carried out.
The trial companyrt, appreciating the oral and documentary evidence on record, by its judgment and order dated 22.04.2000 in Sessions Case number 8/98, companyvicted all the accused and sentenced all of them individually in respect of all the specific charges framed against them.
It was also clear from the evidence of Chetandass Rawatani, PW 34, that the goods which were recovered from the accused were utilized for the preparation of the explosive substance.
26 of 2008 with an application for companydonation of delay of seven years and nine months which was taken up along with the appeals preferred by the accused persons and the said appeal was dismissed on the ground of delay.
That apart, by the said explosion, the sand hopped upward and fell on the places meant for sitting in the stadium and also on the roof.
Abdul Mateen admitted that he is a Pakistani and he had remained as a Pakistani always that he had never companye to India before his arrest that he did number know any person in India that he never visited the places, namely, Jaipur, Farah, Roopwas, Agra Firozabad or any other city and that he had never given any information to the police and numberrecovery was made by the police at his instance and he had never identified any place.
From the evidence of the approver, Pappu, and the information under Section 27 of the Evidence Act, it companyld be companycluded that prior to 26.1.1996, two time bombs were implanted by accused Abdul Mateen.
Soon after the blast, Prahlad Singh, the Station House Officer, Police Station lodged an FIR about 9.30 a.m. which was registered as FIR No.
The Investigating Officer, M.M. Atray, PW 71, has also proven the factum of recovery.
In respect of Raies Beg and Abdul Hamid, the trial companyrt held that Abdul Hamid had been visiting accused Chandra Prakash at Roopbas quite frequently and both the accused persons had helped accused Abdul Mateen in the companymission of the offence.
At the time when the explosion had occurred, only police personnel but numbercivilians were present in that part of the stadium.
He further opined that Pappu Saleem, PW 1, was an associate and companyleague of accused Abdul Mateen and prior to the incident, the explosive substance was brought from Chandra Prakash in village Farah, where Pappu Saleem used to live with him.
P 255, about another bomb and on the basis of the said information the Investigating Officer, PW 71, visited the spot along with the accused and at his instance a live bomb was recovered which was underneath the earth.
39/1996.
The State filed application for grant of leave D.B. Criminal Leave to Appeal No.
The offence for which each of them had faced trial has been already mentioned hereinabove.
189 of 2000, 258 of 2000 and 369 of 2000.
On the basis of the FIR, offences under Section 120 B read with Sections 307 and 427 IPC, under Section 3 of the Prevention of Damage to Public Property Act, 1984 and under Section 3 of the Explosive Substances Act, 1908 for short the 1908 Act and also under Section 9B of the Explosive Act, 1884 for brevity the 1884 Act were registered and the investigation companymenced.
As regards recovery from accused Abdul Mateen is companycerned, it is borne out from the record that after his arrest on 28.6.1997, he gave information at 6.00 a.m. as companytained in Ext.
On the basis of the aforesaid findings and companyclusions, the learned trial Judge companyvicted the accused persons and sentenced them as has been stated hereinbefore.
This fact has been companyroborated by Vinod Sharma, PW 16 and Gordhan, PW 10 who also accompanied the investigating team.
Due to the sound caused by the explosion, one Ramgopal Choudhary, an employee of the Public Works Department, who was passing nearby, had met with an injury on his ear for which he was immediately sent to the hospital.
6 to record the statement of the said accused under Section 164 of the Code and thereafter, the Chief Judicial Magistrate, by a reasoned order dated 20.9.1997, allowed the application.
Raies Beg took the plea that due to companymunal riots he had been falsely booked in the crime.
The offence punishable under Section 14 of the Foreigners Act which had been levelled against him was established beyond reasonable doubt.
During the investigation, the investigating agency recovered a live time bomb from SMS Stadium and explosive items were recovered from Roopwas, District Bharatpur.
Hence, the assail is to the judgment of companyviction and order of sentence by the applications of special leave petitions.
During the check, it was found that due to the blast, a big size crater had companye into existence at the scene of explosion.
In the companyrse of the investigation, accused Pappu Saleem filed an application under Section 306 of the Code of Criminal Procedure for brevity the Code before the Chief Judicial Magistrate on 14.8.1997 who, by order dated 30.8.1997, authorized the Additional Chief Judicial Magistrate No.
It was also mentioned that the ISI of Pakistan was behind the bomb blast.
As regards the appeals preferred by the accused persons, the appellate companyrt did number perceive any merit and, resultantly, dismissed the same by way of judgment and order dated 3.2.2009.
As per the FIR, when the blast took place, the people who had assembled were asked to leave the stadium so that there companyld be a check.
Leave granted in all the special leave petitions.
Bhup Singh, PW 32, eye witness to the seizure of articles from the godown of Chandra Prakash, has categorically stated that the accused Chandra Prakash led to the recovery of red and blue companyoured bundles from the godown of the building.
Dipak Misra, J. On 26th January, 1996, a day of celebration and companyscientious remembrance of the Red Letter Day in the history of India because 26th January is the date in 1950, when our organic, inclusive, humane and companypassionate Constitution came into existence being given by the people of this companyntry to themselves and the nation has been obliged to jubilate remembering the said important day in our national history, for it chartered the path of many an emancipation and companyferred on the people the highly cherished fundamental rights about 8.30 a.m., there was a blast of explosive substances between Gate No.12 and Gate No.
