State of Uttar Pradesh through CBI has also filed appeals against the judgment and order passed by the Designated Court TADA acquitting the accused persons for the offences under Sections 3 2 and 3 3 read with Section 3 1 of the TADA Act and further for the enhancement of sentence imposed under the provisions of IPC to death sentence in view of the seriousness of the offence and the purpose for which it was carried out.
Dosa, Tahir Shah Tappu and Babloo entered into criminal companyspiracy to eliminate L.D. Arora to strike terror among the customs officials with a view from preventing anyone from passing on information about their smuggling activities or their involvement in the Bombay Blasts on March 12, 1993.
As soon as the car of the deceased was spotted in the vicinity, all three of them took up positions and when the deceased entered the ADA Colony through the main gate in the eastern boundary wall and was about to park his car, K.K. Saini took out his pistol and fired three shots at the deceased, as a result of which, the deceased sustained fatal injuries and companylapsed in his seat.
The nephew of the deceased Dr. Satish Arora PW 2 had lodged the First Information Report at P.S. Cantonment, Allahabad at 20.15 p.m. According to his report, on 24.03.1993, Shri L.D. Arora Deceased reached his house at HIG flat No.9, ADA Colony, Circular Road, Allahabad by his car.
Persuant to these instructions, at around 6.45 p.m., K.K. Saini, Mange and Alimuddin waited near the ADA Colony, Circular Road, Allahabad for the arrival of the deceased in his car.
All the accused persons abjured their guilt and pleaded innocence and stated that they have been falsely implicated in this case.
They waited for his arrival and on seeing Aroras vehicle approach they took their respective positions.
Babloo further companytacted K.K. Saini over telephone installed at the hotel in Allahabad, instructing him to kill the deceased that very day as he might leave for Bombay on the next day to disclose information he had gathered regarding the Mumbai serial blasts of 1993.
Thereafter, K.K. Saini and Mange left Nepal with the above mentioned fire arms in the said car.
For this job, he was paid 6,00,000/ by Tahir Shah, out of which 50,000/ was given to K.K. Saini.
Prosecution has examined Bharat Singh PW 30 , Smt.
On the next day in the morning, they received a phone call from Babloo from Nepal who asked them to finish the task the very next day as L.D. Arora was to leave for Bombay to reveal information regarding smuggling of arms and explosives used in the Bombay bomb blasts in the very same year.
of Singapore.
Babloo told Bharat Singh that it was he who had given the phone number of Bharat Singh to Mange, and also told him number to meet Mange because Mange was in Allahabad for important work.
Subsequently, they received a phone call from Babloo from Nepal.
The accused have filed appeals under Section 19 of the TADA Act against the impugned judgment and order passed by the Designated Court TADA , Kanpur.
They met Baba at the agreed spot and exchanged vehicles.
3A of 1994 during the trial and relied upon various documents including companyfessional statements recorded during investigation.
Dosa had entered into criminal companyspiracy with Tahir Shah and Babloo to kill the deceased L.D. Arora so that their involvement in the Bombay Bomb Blasts were number revealed.
The time of the death was ascertained to be 7.55 p.m. on 24.03.1993.
Bharat Singh PW 30 has stated in his evidence that he knew Babloo and was in Allahabad on the said day in companynection with a matter regarding Lochan Singh.
600/ in Nepal currency towards octroi tax for vehicle No.
They reached Allahabad and checked into the above mentioned Hotel Finero in Room No.7 and entered their names as A.K. Singh and Harjeet Singh respectively in the hotel register.
Scientific Officer produced as Exhibit D 27.
Mange was further informed that one Alimuddin Baba would be available at Hotel Finero, Allahabad.
The cause of death was ascertained to be ante mortem head injuries caused by bullets.
DNH 8440, the vehicle used in the companymission of the offence, was also recovered.
Subsequently, Baba met K.K. Saini and Mange in their room.
During the companyrse of investigation, offences under Section 120 B of IPC and Sections 3 2 and 3 3 read with Section 3 1 of the TADA Act were added with the permission of Superintendent of Police, CBI, New Delhi.
Later, K.K. Saini refused to join the Test Identification Parade and his refusal was recorded by Shri Rakesh Kapoor, Metropolitan Magistrate, Delhi.
The investigation was initially taken up by the Cantonment Police Station, Allahabad.
3 of 1994 and 85 witnesses in criminal case No.
Saini and Mange to a substantial extent.
Bharat Singh PW 30 was declared hostile by prosecution stated on oath that he knows Babloo from his University days.
This is clear from the testimony of Bharat Singh.
It is also relevant to numberice that Babloo was arrested in Singapore on 21.04.1995 in response to look out numberice issued by Interpol, India.
When Bharat Singh mentioned talking to Mange over the phone to Babloo, the latter had said that he had given Bharat Singhs number to Mange and that he was number to meet Mange.
The hand writing of the accused in the register has also been proved by the detailed report of Dr. M.A Ali PW 43 , Sr.
Subsequently, they went back to Hotel Finero, checked out and left for Nepal the very same evening.
Further, the printouts of call logs on telephone number 622452 installed in Hotel Finero Exhibits D 38/40 and D 36/2 , the report of part of investigation in Nepal Exhibits D 37, D 37/28 is read with the statements of Indu Singh PW 87 land lady of Babloo in Nepal , Bhushan Lal Shreshtha PW 68 he was Deputy Fiscal Officer, Telecom Dept, Nepal companyroborate the companyfessional statement of KK.
KK Saini stated that they left Hotel Finero around 5.00 PM.
Harikesh Harbans Batra PW 21 Inspector MTNL identified K.K. Saini in companyrt and stated that he had previously been involved in the transfer of a phone in the name of one K. Singh.
Arshi.
Bharat Singh was declared hostile and cross examined by the prosecution.
He escaped through the staircase and reached Mange who was waiting near the scooter.
After killing the deceased, the information was relayed to Babloo and later, Mange and K.K. Saini returned to Nepal on 25.03.1993 by crossing the Indo Nepal border at Krishna Nagar by paying an amount of Rs.
When the investigation by the State Police was still going on, the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pension, Government of India vide Notification No.228/48/93 A.V.D. JJ dated 12.07.1993 issued with the companysent of the Government of Uttar Pradesh, entrusted the investigation of the case to CBI, pursuant to which R.C. 10 S /93 S.J.U.V C.B.I.,1I New Delhi dated 13.07.1993 under Section 302 of IPC was registered in SIC.II Branch of CBI.
Investigations disclosed that Mohd.
On their return to the hotel, Baba came to the room and told them that they should reach the place around 5.00 PM and that he would companye in Maruti car DNH 8440.
Accordingly, charge sheet against K.K. Saini and Mange was filed in the Designated Court both under the provisions of the IPC and the TADA Act on 26.11.2001, which was registered as Criminal Case No.3 of 1994 and Criminal Case No.3A of 1994.
The prosecution case in brief is as follows Shri L.D. Arora, Additional Collector of Customs, Allahabad was assassinated on 24.03.1993 at about 07 07.15 p.m. in the area of P.S. Cantonment, Allahabad.
Thereafter, Alimuddin also checked into Room No.
At the hospital, his uncle was declared brought dead.
When L.D. Arora was parking his car alongside the Southern boundary wall, K.K. Saini emerged from his position near the stair case and opened fire three times at short range.
Indu Singh PW 87 has recognized Babloo in companyrt and stated that he was staying at the house rented out by her in Krishna Nagar, Nepal and that the telephone number from which calls were made to Room No 7 in hotel Finero, where K.K. Saini and Mange were staying, was installed in the same house where Babloo was staying.
All the sentences were directed to run companycurrently.
He stated that K.K Saini and A.K. Singh are one and the same.
DNH 8440 entered Nepal through Krishna Nagar customs and was allowed to stay for a period of one week on payment of Rs 700 Nepal Currency as customs duty.
K.K Saini had, in his companyfession, stated that he had obtained the driving license of A.K Singh and substituted the photograph therein with his own.
They crossed the Nepal border on 25th morning after paying Customs duty for the car.
The companyrse of investigation further led to information that one Virendra Pant and Sanjay Khanna met Babloo in Al Rigu Apartments in Dubai where Babloo made an extra judicial companyfession that he had got the deceased killed through the companycerned people as he had information about the activities of Mohd.
Both K.K. Saini and Mange have been recognized by the employees of Hotel Finero.
The companyfessional statement of Mange was also recorded on 11.07.2001 by S.P., CBI, Delhi.
On the morning of 23rd March, 1993, K.K. Saini and Mange checked into Hotel Finero under the assumed names of A.K. Singh and Harjeet Singh respectively.
Indu Singh PW 87 , Bhushal Lal Shreshtha PW 68 .
The prosecution further states that one Mohd.
The Ballistic Expert of F.S.L., Lucknow opined that the three empty cartridges were fired from the same 9 mm pistol.
On the request of Govt.
They examined the area and on their return to the hotel, all three of them sat and planned how to execute the task of killing D. Arora.
Subsequently, he got a call from Babloo from Nepal.
Later he met Babloo when he went to meet Chandraswami in companynection with his reinstatement into service.
A.K. Singh is the assumed name used by K.K. Saini even at Hotel Finero.
He has further stated that he got a call from Mange saying that he was in Allahabad along with K.K. Saini, and then they discussed about meeting.
The prosecution has further stated that the post mortem of the dead body was carried out by Dr. A.K. Shrivastav of MLN Hospital on 25.03.1993, who prepared a post mortem report, which was duly companyntersigned by Dr. S.L. Diwan, Senior Surgeon of the hospital.
He immediately took his uncle to Swaroop Ram Medical Hospital with the help of people from the neighborhood.
Prosecution further states that K.K. Saini, while in police custody, during the period from 06.04.1994 to 04.05.1994 made a companyfessional statement under Section 15 of the TADA Act, wherein he companyfessed his own involvement as well as involvement of others in the killing of L.D. Arora.
DNH 8440.
Pursuant to this companyspiracy hatched, Babloo instructed K.K. Saini and Mange on 20.03.1993, who were with him in Krishna Nagar, Nepal, to assassinate the deceased L.D. Arora.
The post mortem report revealed that there were three entry wounds caused by fire arm and companyresponding three exit wounds on the upper parts of the body below the pinna of right ear, below and behind the tip of right mastoid procure and the last was 2 cms below it.
Later in the day, Baba took him on a dark grey Bajaj scooter to show him the office and the house of L.D. Arora.
DNH 8440, to accomplish the task.
The testimony of Anant Ram Saxena PW 1 Hotel Manager, Kalidas Jaiswal W 44 waiter and Jwala Prasad PW 60 appears to be credible and true and if the same is believed, it companyroborates the fact that the accused stayed in the Hotel Finero during the relevant time and was met by Alimudeen Baba.
To prove the charges, the prosecution had examined 88 witnesses in the leading criminal case No.
K.K. Saini then took Mange and showed the office and house and they marked the escape routes.
Babloo gave them 10 12,000/ , one 9 mm Pistol, 12 cartridges and a Maruti Car, bearing registration No.
5 of the same hotel along with a lady named Smt.
Upon arrival at the spot, he saw his uncle was lying unconscious on the driving seat in a pool of blood.
At around 6.45 7.00, Baba came and told them that L.D. Arora would arrive shortly.
Based on his companyfession and information, the Maruti Car bearing No.
of India, he was extradited by the Govt.
