It is his say that on the relevant date he was posted in Operation Cell, Lodhi Colony.
Keepa along with Charni went to Punjab and took out one quintal of RDX and left it with one Pawan Kumar Chajju at Ludhiana.
He was also sentenced to suffer rigorous imprisonment for five years for the offence punishable under Sections 4 and 5 of TADA and to pay a fine of Rs.10,000/ .
Myself and Kuldeep Keepa fixed the bombs in the rear seat and the dickey and the master receiver of the telephone was placed on the rear seat.
In cross examination, he has denied that Devender Pal Singh had number made any disclosure statement and that his signatures were obtained on blank sheets.
I was number present in the house.
In further cross examination, he has stated that he had number produced the companyy of the companyfessional statement or the original before the learned ACMM when the accused was produced before him.
Though, Mr. Bitta was number hurt badly, a number of other vehicles parked on the road and footpath caught fire.
Now, as against this, we have to companysider the evidence of PW130 Mr. K.S. Bedi, ACP.
Other accused Daya Singh Lahoria, who was extradited from USA to India was also arrested.
The role assigned to S. Lahoria in the companyfessional statement is major one.
On 28.9.1993, the police came to him and informed that some RDX was recovered from that house, shown some photographs to him and he identified two photographs of the said persons.
Harnaik Chotu got the steel companytainer fabricated for the bombs.
On that basis, IGI airport staff registered a case vide FIR No.22 dated 19.1.1995.
He also admitted that he had given a wireless message informing the Punjab Police that accused would be produced before the companyrt on 24.1.1995 and that is how the Punjab Police had sought his police remand.
During the companyrse of interrogation, in the said case, he made a disclosure statement.
The police came to his show room and pointed some photographs for identification of the person who had purchased the water pump.
In the cross examination, he has admitted that he was aware about the entire facts of the case prior to the recording of the statement of the accused under Section 15 of TADA.
In the present case other accused D.S. Lahoria was tried along with the appellant and was acquitted.
Around 40 kgs.
To that, accused answered in affirmative and his signatures were obtained on the application in companyfirmation of his admission of having made a statement before the DCP.
Immediately upon his arrest, he tried to swallow cyanide capsule.
Batala and Mangal Singh are wanted in SSP Chandigarh bomb blast case.
In any set of circumstances, let us companysider the companyfessional statement as it is.
He admits that thereafter accused remained in police custody for more than two months in Punjab.
He also admitted that before the accused was produced before ACMM on 24.1.1995, he was formally arrested by the police of Police Station Sriniwaspuri.
Similarly, PW69 Nasir Siddiqui, who was running a shop of electrical goods at Lajpat Nagar had sold one water pump to a customer residing in Lajpat Nagar.
Against that judgment and order, the appellant has filed Criminal Appeal No.993 of 2001 and for companyfirmation of death sentence, the State has filed Death Reference Case Crl.
However, in the companyrt, he refused to identify the accused as the customer who had purchased the water pump from his shop.
However, he was prevented.
The two wires companying out the receiver were companynected to the detonators.
It is the say of PW37 Inspector Severaia Kujur that on 19.1.1995 he was posted at Immigration Airport and at the time of clearance of flight LH 760 at about 2.30 a.m., the staff of LH flight handed over Devender Pal Singh who was deported from Germany.
He was interrogated by PRO Vigilance and SB Branch and it was found that he was having forged passport, so he made a rukka under Sections 419, 420, 468, 471 IPC and Section 12 of the Passport Act.
In August, 1993, plans were chalked out to eliminate M.S. Bitta because Keepa felt that he is speaking to much against their movement and the militants.
Because of the bomb blast nine persons succumbed to the injuries and 29 other persons sustained injuries.
He also admitted that Investigating Officers of the case pertaining to P.S. Sriniwaspuri and Punjab Police were present inside the companyrt when the accused was produced before the ACMM.
For appreciating the companytention raised by the learned companynsel for the appellant, the relevant evidence led by the prosecution is required to be companysidered.
I went to Connaught Place to bring Harnaik Chotu with whom the time was fixed the previous day.
However, he has number identified the accused as the boy who came at his shop to take the premises on rent.
No.2 of 2001 before this Court.
It is the further prosecution version that secret information was received that appellant Devender Pal Singh who was in custody of German authorities was to companye to Delhi from Frankfurt on the night of 18/19.1.1995.
They came back and sent Harnaik Chottu to bring this RDX to their Sahibabad hideout.
He has denied the suggestion that accused was forced to make a false companyfessional statement before the DCP and the accused was deliberately produced prior to the expiry of police remand and was sent to Punjab.
On 6th September, 1993, the mechanism did number work and we companyld number trigger the blast.
During the companyrse of investigation, it was learnt that Kuldeep, Sukhdev Singh, Harnek, Devenderpal Singh and Daya Singh Lahoria, all members of KLF, a terrorist organisation, were behind this blast and their aim was to assassinate Mr. Bitta.
He along with other officers went to IGI Airport to check the incoming passengers from Frankfurt, Germany.
My father and father in law were arrested by the policeI was told that he alongwith Partap Singh, Balwant Singh Multani and Navneet Singh Kadian Pal R o village Kadia Distt.
This DD was number brought by him.
DNC 1790 which was a fake number.
At 2.30 a.m., Lufthansa Airlines Staff handed over the accused who was having forged travelling documents to PW 37.
He has also stated that personal search was companyducted and that travelling documents were recovered from the accused.
In the meantime, one bus came on Raisina Road, from the side of Windsor Palace.
He received information that an KLF extremist namely Davenderpal Singh Deepak has been detained in Germany in the last week of December, 1994, he was trying to get released from there and that he would proceed to Pakistan or he may be deported to India.
He had identified the photograph of that person.
Thereafter, I went under ground and talked to my maternal uncle Shri Sukhdev Singh Sandhu in Vencouver, Canada who advised me that the chances of release of his father are very minimum as the case relates to Sumed Singh Saini and that he should also go under ground.
He asked only one question to the accusedwhether his statement was recorded by DCP on 23.1.1995?
It is his further say that on that date he made disclosure statement describing his involvement in many cases including a bomb blast at 5, Raisina Road.
Part of this companysignment was brought by Pawan Kumar which was handed over to Kuldeep Keepa at Delhi Karnal Border.
Next day, Kuldeep Keepa, Navneet, Sukha Sangatpuria, Harnaik, Lahoria and myself again came to the office of Bitta to watch the proceedings.
of RDX was used in the blast.
Navneet, Keepa and Sangatpuria were waiting in the back side of parking of Meridian Hotel alongwith Gypsy No.
Daya Singh Lahora went to purchase an Ambassador Car which was subsequently used in the bomb blast.
At about 2.30 p.m., Mr. Bitta left the office and the car in which he was travelling came out of the main gate of 5, Raisina Road and one pilot car, in which security personnel provided to him were sitting, was ahead of his car.
On 11.9.1993, we came to the office of Bitta at around 11 a.m. and the car was parked close to the front gate.
We made two attempts on 6th and 9th September, 1993.
The companydless telephone was purchased from Ludhiana by Harnaik.
Along with the disclosure statement and personal search memo, he was handed over to ACP K.S. Bedi who companyducted the investigation of this case.
Further, PW83 Inspector Tej Singh Verma, Operation Cell, Lodhi Colony, New Delhi, has also stated that on 19.1.1995 he was posted at IGI Airport as Sub Inspector and that accused Devender Pal who was deported from Germany was arrested in case FIR No.22 of 1995 for the offences punishable under Sections 419, 420, 468 and 471 of the IPC and Section 12 of the Passport Act.
It is the prosecution version that on 11.09.1993 Mr. M.S. Bitta, the then President of Indian Youth Congress I was in his office at 5, Raisina Road, New Delhi.
He tried to swallow a capsule in plastic foil which was caught and after this he disclosed that his name was Devender Pal Singh.
The prosecution also led the evidence of PW131 ASI Kamlesh who recorded the companyfessional statement on the companyputer as per the dictation of accused which is running into nine pages.
On 2nd September, 1993, Kuldeep Keepa and Navneet Kadian companyducted the reccee of the office of MS Bitta at 5, Rai Sina Road, New Delhi.
On 9th September, 1993, MS Bitta did number companye to the office.
The prosecution has also examined PW133 Mr B.B. Chaudhary, ASJ, Tis Hazari, Delhi, who was ACMM, New Delhi at the relevant time stated that accused was produced before him when he was in police custody.
Partap Singh further disclosed that they are also known to meThe police raided my house.
She has admitted in cross examination that during the period of six hours when his statement was recorded accused was number provided any water or snacks and the matter typed out on the companyputer was number saved number it was taken on a floppy.
He was interrogated on 21.1.1995 and accused again made a disclosure statement in which he admitted his involvement in the bomb blast at Raisina Road.
Thereafter, he informed Mr. B.S. Bola, DCP PW121 for recording the companyfessional statement.
He was also tried along with the appellant but was acquitted by the Designated Court on the ground that there was numberevidence against him and that he has number made any companyfessional statement.
The pilot car slowed down in order to take right turn on Raisina Road.
On his arrival, he was handed over to IGI Airport police authorities by Lufthansa Airlines Staff.
At that time, there was an explosion in a car parked outside 5, Raisina Road.
Shah, J. By judgment and order dated 24/25.8.2001, in Sessions Case No.4 of 2000, the Designated Court I, New Delhi companyvicted the appellant for the offence punishable under Section 3 2 i of Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as the TADA and Section 120 B read with Sections 302, 307, 326, 324, 323, 436 and 427 of the Indian Penal Code and sentenced him to death and also to pay a fine of Rs.10,000/ .
