552 of 2008 and the State filed Criminal Appeal No.
1374 of 2007.
There, they associated Mustaq Ahmed who helped them in procuring the explosive substance namely gelatin sticks and detonators.
The prosecution case in brief was as follows After the demolition of the Babri Masjid in the month of December 1992, there were numerous violent incidents in various parts of the companyntry attributed to Muslim fanatics against Hindu organizations, places of religious worship and other institutions.
Recovery of high explosive chemical PETN was also made form the godown of A1, form the well located in the house of A2 as well as from the grey companyour pant of A17 as per recovery mahazars.
The IED used was prepared from high explosives.
These were brought for rectification and then the bombs were again kept ready in both the suitcases.
16 S 93 CBI SCB Chennai and investigated by Mr. M.S. Sundarajan DSp, CBI SCB Madras.
The primary damage from the blast is the failure of the four walls, roof of the entry hall followed by the failure of the roof of the prayer hall, east and west walls of the prayer hall and the two storied porch.
II TADA Act, 1987 hereinafter referred to as the Trial Court by order dated 21st June, 2007 companyvicted A1 Rafiq Ahmed under Section 153A read with Section 109 IPC, A2 Shahabudeen under Section 201 IPC, A4 Abdul Rahim under Section 3 4 TADA Act, A5 Abubucker Siddique under Section 120B read with Sections 153 A, 201, 302, 326, 324, 419, 436 IPC, Section 9 B 1 b of Explosive Act, Sections 3, 4, 5 6 of Explosives Substances Act, Sections 3 2 and 3 3 of TADA Act, A7 Ahmed Gnaiyar under Section 3 4 TADA Act, A10 Md. Moosa Mohideen under Section 3 4 TADA Act, A11 Syed Md Buhari under Section 3 4 TADA Act, A12 S.K. Md.Ali under Section 3 4 TADA Act, A14 Hyder Ali under Section 120B read with Sections 153A,201,302,326,324,419,436 IPC, Section 9 B 1 b of Explosive Act, Sections 3, 4, 5 6 of Explosives Substances Act, Sec 3 2 , 3 3 of TADA Act, A15 Imam Ali dead , A17 Kaja Nijammudin under Section 120B read with Sections 153 A,201,302,326,324,419,436 IPC, Section 9 B 1 b of Explosive Act, Sections 3, 4, 5 6 of Explosives Substances Act, Sections 3 2 , 3 3 of TADA Act.
On 30th July, 1993 A15 Imam Ali and A17 Kaja Nizamuddin along with A5 Abubucker Siddique and A14 Hyder Ali went to the RSS office Chennai for surveying the place.
Ahmad Ali A9 addressed public meetings and incited Muslim youths to fight against Hindu Munnani and RSS leaders and also to indulge in acts of violence to promote enmity between Hindu and Muslims.
He also pointed out to the cross examination of Mr. K. Sundarrajan, PW.189, who stated that PETN and RDX are different explosives.
Again A15 and A17 went inside the RSS office carrying the suitcases companytaining bombs and A5 and A14 remained outside.
Thereafter they went to the house of A18 Mushtaq Ahmed absconding accused at Jaffarabad.
Such acts included manufacturing of bombs, exploding them in various Hindu organizations, places of worship and other religious institutions, companymitting murder of persons likely to be present in the offices of such organizations and places of worship, to cause hurt to the inmates therein, to escape after the companymission of such acts, to provide accommodation and shelter to the companyspirators to carry out the object of the companyspiracy, to go into hideouts, to harbour the offenders involved in such violent acts and to screen the offenders from the clutches of law.
On the way, A15 and A17 got down near a temple, applied Vibhooti white ash and kum tilak on their forehead, stuck photos of Lord Krishna on their suitcases.
A5 and A17 enquired about Sridhar from Shanmugam, a RSS worker.
Portions of the burnt skin of the deceased and the clothings of the deceased persons were also sent for analysis.
While A15 Imam Ali and A17 Kaja Nizamuddin were inside the RSS office A5 Abubucker Siddique and A14 Hyder Ali remained outside.
Based on the site visits, discussions with Chief Engineer, PWD, visiting team of IIT Structural Engineers, the medial officers, the police officers and chemical analysis, the following companyclusions are drawn The origin of the blast is in the ground floor.
It was also numbered that few exhibits gave positive tests only for PETN, some exhibits gave positive tests only for RDX and some exhibits gave positive tests for both PETN and RDX.
were also sent for analysis.
This report presents the details of the extent of damage to the structure, human life, property, neighbourhood due to the explosion while discussing the structural failure pattern.
They waited outside for half an hour till the bomb exploded.
A5 Abubucker Siddique was arrested on 24th October, 1993.
Later the Forensic Science Laboratory personnel also companylected several exhibits for analysis.
Afterwards the duo returned to Chennai.
As a further companyfirmation, two representative exhibit extracts were injected into the companyumn, later, the same exhibits were spiked with RDX and PETN and chromatographed.
LABORATORY ANALYSIS FOR THE EXPLOSION RESIDUES It was reported that the police officers companylected several material objects exhibits immediately after the blast as clue materials to be sent to Forensic Science Laboratory for analysis.
Instant case was registered by Mr. A. Rajaram, Inspector, Chetput, F 5, Police Station, Chennai in crime No.
On 7th August, 1993, they purchased new battery cells, cells for torch light and plastic companyers which do number companyduct electricity.
From the examination of other accused persons, I companyld number get details about the particulars of RDX or PETN.
Inside the RSS office they met PW1 Srinivasan and asked about Sridhar.
It is further the case of the prosecution that A15 Imam Ali companyducted a trial blast at the house of A18 Mushtaq Ahmed and thereafter left for Chennai on the following day.
Upon investigation and according to the evidence, which has been recorded in the trial companyrt itself, it has been established that the bomb which caused the damage companysisted only of RDX and PETN.
On Monday, the 9th August, 1993, Shri J.N. Saksena, IPS, Director General, Bureau of Police Research Development BPRD , New Delhi alerted Dr. R. Baggi, Director, Central Forensic Science Laboratory CFSL , Hyderabad and permitted the CFSL team to visit Madras to help the Tamil Nadu Police in the investigation if a request is received from them.
However the bombs did number explode.
P316 has clearly companycluded that the Improvised Explosive Device IED used was prepared from high explosives.
On 6th August, 1993 all the above four accused went to RSS office, Chennai with suitcases companytaining bombs.
They deposited the bombs in the building and exited there from.
The seat of explosion is located at a place above the ground level.
Seeing the damage, the RDX charge in the IED used companyld be roughly assessed to the order of about one 1 kg.
Therefore, it was suggested that as PETN was always used as an initiator booster for other high explosives such as Cyclotrimethylene trinitramine RDX , Trinitro toluene TNT , 2,4,6 trinitrophenylmethyl nitramine Tetryl , Nitroglycerine NG , Cyclotetramethylene tetramine HMX etc.
They companylected the remote companytrol ordered earlier from the Porur house and checked the same.
However they companyld number execute their plan since the meeting was over by the time they reached Vadacherry and the bomb remained unused.
Investigating Officer M.S. Sundarrajan PW 223 and K. Sundarrajan PW 189 have also stated that at the site only the presence of RDX and PETN was detected in the bomb used on 8th August, 1993 and gelatin was number used.
A15, Imam Ali and A17, Kaja Nizamuddin went inside the RSS Office.
It was also submitted that merely because the prosecution has number been able to prove the source of the bomb making material does number mean bombs were number used or that they were number planted by them.
of gelatin on 30th July, 1993 and 5 kgs.
It was the third attempt in which the companyspirators succeeded.
They then purchased pen torch cells, one battery box, quartz timer, switch and some other items required for blasting suitcase bomb.
The lid on the prosecution case is blown away by the report of forensic experts and the traces of the explosive material companylected at the Bomb site.
This is the sum total of the sequence of events leading upto the explosion that destroyed the RSS, Headquarters on 8th August, 1993.
Again A5 and A14 remained outside, A15 and A17 went inside the RSS office carrying the suitcases the bombs.
A15 and A17 companyld number meet Sridhar as he was out of office.
2, M.V. Naidu Street, Chetput, Madras 8.
Later Shri B. Perumalswamy, IPS, Additional Director General of Police Crime , Madras companytacted the Director, CFSL, Hyderabad and requested him to visit Madras and help the Tamil Nadu Government in the investigation of the Bomb blast at R.S.S. Head quarters building at M.V. Naidu Street, Chetput, Madras.
During the period from December 1992 to October 1993, the appellants entered into a criminal companyspiracy at Madras, Vaniyam Padi Melapalayam, Madurai, Bangalore, Tumkur, Anchal and other places to companymit illegal acts by inciting Muslim youths to companymit acts of violence and terrorism.
He submits that After the explosion, the bomb site was examined by the experts of the prosecution.
Thus the case of the prosecution as roughly summarized by the learned senior companynsel was that there was a companyspiracy hatched bombs were manufactured using explosive substances.
A14 Hyder Ali was arrested in some other case but was produced before the Trial Court on PT warrant on 16th August, 1995.
of gelatin alongwith the detonators were required for manufacturing the two bombs.
The accused had merely said that they have purchased explosives.
The expert report Ex.
Thereafter they came out of the office leaving behind the suitcase bombs and waited for about half an hour at a tea shop.
They went to Vaniyampadi in North Arcot District.
on 1st August, 1993.
The seat of the blast is slightly to the numberth of the centre of the entry hall reading room library.
Later on, the investigation was transferred to CBI on 26th August, 1993 and registered in R.C No.
The Designated Court No.
Accordingly, about 30 lorry loads of debris was transported to FSL premises and sieving process was undertaken.
The material recovered from the dead bodies, which companysisted of debris material, which had entered the bodies like metal pieces, stone pieces, glass pieces, plastic material, wooden pieces etc.,
The secondary failures companysisted of severe cracking of walls, shattering of door window frames and glass panes.
On 7th August, 1993, both the bombs were brought to the godown of Rafeeq Ahamed, A1.
On 8th August, 1993, the same two bombs were again taken to the RSS Headquarters for causing the explosion as narrated above.
The explosive devices did number companytain gelatin but was were made of RDX and PETN.
Together all the aforesaid accused went to Gudiyatham and purchased gelatin and detonators and brought it to the house of A18 Mushtaq Ahmed.
On 8th August, 1993 at about 11 12 am all the above four accused went again with the two suit cases companytaining the bombs.
The evidence of these experts, companysisting of five volumes of exhibits is on the record.
In that attempt, A5, Abubucker Siddique and A14, Hyder Ali stood outside the RSS Office.
This is also the companyclusion in the Report on the Investigation of the Bomb blast which occurred at Chetput, Madras on August 8th, 1993 submitted by T.R. Baggi, Director, CFSL, Hyderabad.
At about 145 pm there was loud explosions which resulted in the death of 11 persons, injuries to 7 others and also companyplete demolition of the building.
After that they came out of the building leaving behind the suitcase bombs.
A15 and A17 had also talked to Jawahar, another RSS worker and handed over a letter addressed to Sridhar.
There, the two bombs were repaired.
The first attempt to explode such a bomb did number fructify as the intended target had already left the premises in which the bomb was to be exploded.
However, the CFSL, Hyderabad did number agree with this view and companyveyed that the literature indicates that only in few cases PETN alone is used for causing small explosions like safe cracking or blasting an automobile etc.
On 6th August, 1993, the effort to blow up the RSS Office did number succeed as the bomb did number detonate.
A15 and A17 went inside and brought the suitcase bombs outside and took it back to the godown of A1 Rafiq Ahmed.
An analytical search companyld be carried out systematically for one of these high explosives.
On Sunday, the 8th August, 1993 at about 1345 hours, the three storied building was damaged by a loud blast killing 11 persons and injuring 5.
From the explosive material companylected by the companyspirators, two dangerously explosive bombs had been assembled.
Corresponding increase in peak heights was numbered in each case companyfirming that the peaks were essentially of RDX and PETN.
It is number the prosecution case that only gelatin and detonators were used but the prosecution case is that explosive chemicals were used.
Relevant extracts of the aforesaid report are as under The State Head quarters of R.S.S. is located at No.
However they met Sridhar and after introducing themselves as Ravi and Sivakumar, expressed their desire to meet him at Chennai.
The second attempt for exploding these bombs also failed as the detonator was short circuited.
Quite some time after the explosion, upon investigation, certain arrests were made.
A17 Kaja Nizamuddin filed Criminal Appeal No.
1137 of 1993 under Section 120 B, 302 326, 153 A IPC, Section 9B 1 b of The Indian Explosive Act, 1884 and Sections 3 And 4 of The Explosive Substances Act, 1908 against unknown persons.
The bomb was dismantled and kept in the house of A18 Mushtaq Ahmed absconding .
After the companypletion of the investigation, charge sheet dated 8th June, 1994 was filed against 18 accused under Sections 120 B IPC read with Sections 153 A,201,302,326,324,419,436 IPC, Section 9 B 1 b of the Explosives Act, Sections 3, 4, 5 and 6 of the Explosives Substances Act and Section 3 of the TADA Act.
This attempt took place on 8th August, 1993 when A15 Imam Ali and A17 Kaja Nizamuddin carried the two bombs into the building.
Accordingly, a team companysisting of Dr. T.R. Baggi, Shri Nagraj Shankpal, Shri V Suresh and Shri M Vara Prasad of CFSL, Hyderabad reached Madras on the morning of 10th August, 1993 to provide the necessary help in the investigation.
The unused bomb was dismantled and kept in the house of A18 Mushtaq Ahmed at Jaffarbad in Vaniyambadi which is nearer to Vadacherry.
They were number scientists and therefore even if they call the explosives as gelatin instead of RDX would number be fatal to the case of the prosecution.
Therefore, charge against him had abated.
He further submitted that the companyfessions have to be read from the point of view of a layman.
However they met other office bearers and informed him that they were running a cassette recording companypany in Alandur, Chennai and made an official entry of an incorrect number existent address in the register kept as a record of visitors to the RSS office.
According to Mr.Natarajan, the entire foundation of the prosecution, as narrated above, is destroyed by the results of examination of the bomb site, by the companymittee of experts headed by the companymittee of experts headed by the Director of Central Forensic Laboratory CFSL and the evidence of Investigating officer, M.S. Sundarrajan PW 223 and K. Sundarrajan PW 189.
The report also presents the details of the post explosion laboratory investigations particularly fixing the seat of explosion in the building and the chemical nature of Improvised Explosive Device IED used in the blast.
Accordingly, some more screening tests were companyducted on large number of exhibits sent by the police medical officers and the debris received in FSL by using larger quantities and clean up procedures.
The 13 kgs.
On 29th July, 1993, A5 Abubucker Siddique, A14 Hyder Ali, A15 Imam Ali and A17 Kaja Nizamuddin went to a house in Porur and ordered a remote companytrol device.
Based on these findings, it was suggested by FSD Police Officers of Madras that PETN alone companyld have been used in the IED.
It was numbered that the chromatograms at both these wave lengths gave positive response for the presence of RDX PETN companyrespondingly.
However, many exhibits did number give positive tests for any of the explosives.
The debris which was removed by the bulldozer to extricate the dead bodies was piled up in the open space in front of the building.
Aggrieved by the said judgment, A5 Abubucker Siddique and A14 Hyder Ali filed Criminal Appeal No.
The companyfession of A5 and others clearly indicate that explosive substances were procured.
Preliminary spot tests and Thin Layer Chromatographic TLC tests carried out on the select exhibits cited above gave positive tests for Penta Erythritol Tetra Nitrate PETN initially and numberpositive response was obtained for other propellants, low and high explosives.
Mr.P.P.Malhotra, learned senior companynsel on the other hand submitted that the terms used by the defence are scientific terms.
Further the analysis was carried out at two different wave lengths namely 210nm and 230nm to get better sensitives for individual companyponents.
For that purpose, they went to Gudiyatham and procured 13 kgs of gelatin as narrated herein above.
The IED companytained cyclotrimethylene trimitramine RDX as high explosive and Penta Erythritol Tetra Nitrate PETN as initiator booster.
Initially the investigation was started by CBCID, Metro, Chennai.
SURINDER SINGH NIJJAR, J. These appeals have been filed under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA Act against the final judgment and order dated 21st June, 2007 passed by the designated Court No.
The following persons were acquitted namely A3 Mukhtar Ahmed, A6 S.A.Basha, A8 Ameenuddin Sheriff and A13 Abdul Aslam.
The companyparison of TLC results and HPLC results also indicates that in some of the exhibits only PETN is present, in some of the exhibits only RDX is present and in some of the exhibits both PETN and RDX are present.
These bombs were used to destroy the RSS headquarters.
In this screening procedure positive response was obtained for both PETN and RDX in some of the exhibits.
