93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 001
Supreme Court of India
Yakub Abdul Razak Memon vs State Of Maharashtra Th:Cbi … on 21 March, 2013
Author: .…………………………J.
Bench: P. Sathasivam, B.S. Chauhan
APPEALS RELATING TO DEATH SENTENCE
PART-1
REPORTABLE
IN THE SUPREME COURT OF INDI
CRIMINAL APPELLATE JURISDICTIO
CRIMINAL APPEAL No. 1728 of 2007
Yakub Abdul Razak Memon …. Appellant(s)
vs.
The State of Maharashtra,
through CBI , Bombay …. Respondent(s)
WITH
Criminal Appeal No. 609-610 of 2008
WITH
Criminal Appeal No. 628-629 of 2008
WITH
Criminal Appeal No. 637-638 of 2008
WITH
Criminal Appeal No. 365 of 2008
WITH
Criminal Appeal No. 864-865 of 2008
WITH
Criminal Appeal No. 897 of 2008
WITH
Criminal Appeal No. 941-942 of 2008
AND
Death Reference Case No. 1 of 2011
********
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
1
2 CRIMINAL APPEAL NO. 1728 OF 2007
Yakub Abdul Razak Memon …. Appellant (s)
Versus
State of Maharashtra thr., CBI, Bombay …. Respondent(s)
With Batch
J U D G M E N T
P. Sathasivam, J.
1) This appeal and the connected matters have been directed against the final orders and judgments of conviction and sentence passed on various dates by the Presiding Officer of the Designated Court under Terrorist and Disruptive Activities (Prevention) Act, 1987 (in short ‘the TADA’) for Bombay Bomb Blast Case, Greater Bombay in BBC No. 1 of 1993. These appeals have been filed under Section 19 of the TADA by the accused against their conviction and sentence and by the CBI for confirmation of the death sentence and against the acquittal of some of the accused persons.
2) Brief facts:
The case of the prosecution is as follows:
(a) Babri Masjid at Ayodhya was demolished on 06.12.1992. After its demolition, violence broke out throughout the country. In order to take revenge of the said demolition, Tiger Memon (AA) and Dawood Ibrahim, a resident of Dubai, formulated a conspiracy to commit a terrorist act in the city of Bombay. In pursuance of the said object, Dawood Ibrahim agreed to send arms and ammunitions from abroad. Tiger Memon, in association with his men, particularly, the accused persons, received those arms and ammunitions through sea-coasts of Bombay. In continuation of the said conspiracy, Tiger Memon sent some of the accused persons to Dubai and from there to Pakistan for training and handling in arms and ammunitions.
(b) On 12.03.1993, the commercial hub of the country, the city of Bombay, witnessed an unprecedented terrorist act sending shock waves throughout the world. In a span of about two hours i.e., between 13:33 to 15:40 hours, a series of 12 bomb explosions took place one after the other at the following twelve places in Bombay, namely, Bombay Stock Exchange, Katha Bazaar, Sena Bhavan, Century Bazaar, Mahim Causeway, Air India Building, Zaveri Bazaar, Hotel Sea Rock, Plaza Theatre, Juhu Centaur Hotel, Air Port Bay-54 and Air Port Centaur Hotel. In the abovesaid incident of serial bombings, 257 human lives were lost, 713 persons were seriously injured and properties worth about Rs. 27 crores were destroyed. This was the first ever terrorist attack in the world where RDX (Research Department Explosive) was used on a large scale basis after the World War II.
(c) The aforesaid calculated act of terror was carried out with utter disregard to human life and dignity. The object of the crime was to incite communal violence and to overawe and weaken the government, disturb social harmony and to break up the social, political and economic order of the country. This overt act of violence not only caused physical and mental damage but also left a psychological impact on society as a whole as the lives of several citizens were completely destroyed.
(d) The conspiratorial acts leading to one of the aforesaid object began on or before 06.01.1993 at a meeting in Hotel Persian Darbar, Panvel, wherein the following accused persons, viz., Md. Ahmed Dosa (AA), Md. Salim Mira Moiddin Shaikh @ Salim Kutta (A-134), Md. Kasam Lajpuria (A-136), Ranjitkumar Singh Baleshwar Prasad (A-102) and Md. Sultan Sayyed (A-90) met and organized the landing of fire arms and ammunitions and hand grenades which was to take place on the coast of Dighi Jetty in Raigad District of State of Maharashtra on 09.01.1993. On the said date, Md. Dossa (AA) smuggled and sent a consignment of arms and ammunitions at Dighi Jetty, Raigad in connivance with Md. Sultan Sayeed (A-90), who received illegal gratification for the same. The following persons were also involved in the landing at Dighi Jetty, namely, Uttam Shantaram Poddar (A-30), Abdulla Ibrahim Surti (A-66), Ashok Narayan Muneshwar (A-70), Faki Ali Faki Ahmed Subedar (A-74), Janardhan Pandurang Gambas (A-81), Jaywant Keshav Gurav (A-82), Krishna Sadanand Mokal (A-83), Krishna Tukaram Pingle (A-84), Manohar Mahadeo More (A-87), Md. Sultan Sayyed (A-90), Pandharinath Madhukar Mahadik (A-99), Ramesh Dattatray Mali (A-101), Ranjitkumar Singh Baleshwar Prasad (A-102), Sayed @ Mujju Ismail Ibrahim Kadri (A-104), Sayed Ismail Sayed Ali Kadri (A-105), Srikrishna Yeshwant Pashilkar (A-110), Somnath Kakaram Thapa (A-112), Sudhanwa Sadashiv Talwadekar (A-113), Vijay Krishnaji Patil (A-116), Jamir Sayyed Ismail Kadri (A-133), Md. Salim Mira Moiddin Shaikh @ Salim Kutta (A-134) and Md. Kasam Lajpuria (A-136). The said meeting dated 06.01.1993 was not a sudden meeting but was pre-arranged and pre-planned.
(e) On 19.01.1993, another meeting was held at Dubai wherein Dawood @ Dawood Taklya Mohammed Phanse @ Phanasmiyan (A-14), Dawood Ibrahim and Tiger Memon (both absconding) were present and detailed discussions were held whereafter Tiger Memon agreed to arrange for landing of arms and ammunitions and explosives which were to be sent to India by sea route for the purpose of committing the aforesaid terrorist act. Pursuant to the above, between 02-08.02.1993, two more such landings of arms and ammunitions, detonators, hand grenades and explosives like RDX took place at Shekhadi Coast under Taluka Shrivardhan in Raigad District through landing agent A-14, Sharif Abdul Gafoor Parkar @ Dadabhai (A-17) (deceased) and Rahim Abbas Karambelkar @ Rahim Laundrywala. In the said landing, the following persons also played an active role, namely, Md. Shoaib Mohammed Kasam Ghansar (A-9), Asgar Yusuf Mukadam (A-10), Abdul Gani Ismail Turk (A-11), Parvez Nazir Ahmed Shaikh (A-12), Dawood @ Dawood Taklya Mohammed Phanse @ Phanasmiyan (A-14), Imtiyaz Yunusmiya Ghavte (A-15), Md. Farooq Mohammed Yusuf Pawale (A-16), Sharif Abdul Gafoor Parkar @ Dadabhai (A-17), Suleman Mohammed Kasam Ghavate (A-18), Yeshwant Nago Bhoinkar (A-19), Munna @ Mohammed Ali Khan @ Manojkumar Bhavarlal Gupta (A-24), Muzammil Umar Kadri (A-25), Raju Laxmichand Jain @ Raju Kodi (A-26), Rashid Umar Alware (A-27), Sayyed Abdul Rehman Shaikh (A-28), Shahnawaz Abdul Kadar Qureshi (A-29), Abdul Aziz Haji Gharatkar (A-34), Ashfaq Kasim Havaldar (A-38), Khalil Ahmed Sayed Ali Nasir (A-42), Mohammed Rafiq @ Rafiq Madi Musa Biyariwala (A-46), Sardar Shahwali Khan (A-54), Sarfaraz Dawood Phanse (A-55), Shahjahan Ibrahim Shaikhdare (A-56), Shaikh Ali Shaikh Umar (A-57), Shaikh Mohammed Ethesham Haji Gulam Rasool Shaikh (A-58), Sharif Khan Abbas Adhikar (A-60), Sajjad Alam @ Iqbal Abdul Hakim Nazir (A-61), Tulsiram Dhondu Surve (A-62), Abu Asim Azmi (A-63), Nasir Abdul Kader Kewal @ Nasir Dakhla (A-64), Gulam Hafiz Shaikh @ Baba (A-73), Jaywant Keshave Gurav (A-82), Liyakat Ali Habib Khan (A-85), Mohmmed Sultan Sayyed (A-90), Parvez Mohammed Parvez Zulfikar Qureshi (A-100), Ranjitkumar Singh Baleshwar Prasad (A-102), Somnath Kakaram Thapa (A-112), Sudhanwa Sadashiv Talwadekar (A-113), Shahnawaz Khan s/o Faiz Mohammed Khan (A-128), Mujib Sharif Parkar (A-131), Mohammed Shahid Nizamuddin Quresh (A-135) and Eijaz Mohammed Sharif @ Eijaz Pathan @ Sayyed Zakir (A-137).
(f) Between February to March 1993, the following persons were sent to Pakistan via Dubai by Tiger Memon (AA) and Dawood Ibrahim (AA) for receiving training in handling of fire arms, use of rocket launchers and explosives, in particular, RDX for achieving the common object of the conspiracy, namely, Farooq Mohammed Yusuf Pawale (A-16), Shahnawaz Abdul Kadar Qureshi (A-29), Zakir Hussain Noor Mohammed Shaikh (A-32), Abdul Khan @ Yakub Khan Akhtar Khan (A-36), Firoz @ Akram Amani Malik (A-39), Nasim Ashraf Shaikh Ali Barmare (A-49), Salim Rahim Shaikh (A-52), Nasir Abdul Kader Kewal @ Nasir Dakhla (A-64), Salim Bismilla Khan @ Salim Kurla (Dead) (A-65), Faroow Iliyas Motorwala (A-75), Fazal Rehman Abdul Khan (A-76), Gul Mohammed @ Gullu Noor Mohammed Shaikh (A-77), Mohammed Hanif Mohammed Usman Shaikh (A-92), Mohammed Rafiq Usman Shaikh (A-94), Mohammed Sayeed Mohammed Issaq (A-95), Niyaz Mohammed @ Islam Iqbal Ahmed Shaikh (A-98), Parvez Mohammed Parvez Zulfikar Qureshi (A-100), Shaikh Ibrahim Shaikh Hussain (A-108), Sayed Ismail Sayed Ali Kadri (A-105) and Usman Man Khan Shaikh (A-115). All the above said accused persons were received at Dubai Airport by Ayub Abdul Razak Memon (AA) and Tahir Mohammed Merchant @ Tahir Taklya (recently deported to India and arrested by the CBI in the case being No. RC 1(s)/1993).
(g) Another batch, comprising of the following accused persons, namely, Shaikh Mohammed Ethesham Haji Gulam Rasool Shaikh (A-58), Manzoor Ahmed Mohammed Qureshi (A-88), Shaikh Kasam @ Babulal Ismail Shaikh (A-109), Sultan-E-Rome Sardar Ali Gul (A-114), Abdul Aziz Abdul Kader (A-126), Mohammed Iqbal Ibrahim s/o Shaikh Ibrahim (A-127), Shahnawaz Khan s/o Fair Mohammed Khan (A-128), Murad Ibrahim Khan (A-130) and Mohammed Shahid Nizammudin Qureshi (A-135) went to Pakistan for a similar training, however, the said training programme was aborted and they had to return from Dubai.
(h) In March 1993, a weapons training programme was also conducted at Sandheri and Borghat at the behest of Tiger Memon (AA). In the said camp, training was imparted by Tiger Memon (AA), Anwar Theba (AA) and Javed Tailor @ Javed Chikna (AA) to the following persons, namely, Abdul Gani Ismail Turk (A-11), Parvez Nazir Ahmed Shaikh (A-12), Bashir Ahmed Usman Gani Khairulla (A-13), Sharif Abdul Gafoor Parkar @ Dadabhai (A-17), Suleman Mohammed Kasam Ghavate (A-18), Mohammed Iqbal Mohammed Yusuf Shaikh (A-23), Munna @ Mohammed Ali Khan @ Manojkumar Bhavarlal Gupta (A-24), Mohammed Moin Faridulla Qureshi (A-43), Sardar Shahwali Khan (A-54), Shaikh Ali Shaikh Umar (A-57), Issaq Mohammed Hajwani (A-79), Shahnawaz @ Shahjahan Dadamiya Hajwani (A-106) and Sikander Issaq Hajwani (A-111). After completing the said training programme, A-17 and A-79 attempted to destroy the evidence by disposing off the hand grenades in the Sandheri creek on or about 8th March 1993 to aid and abet the above offenders.
(i) On 04.03.1993, Tiger Memon called for a preparatory meeting at the Taj Mahal Hotel which was attended by Javed Chikna (AA), Mohammed Mushtaq Moosa Tarani (A-44), Sardar Shahwali Khan (A-54), Shaikh Ali Shaikh Umar (A-57), Niyaz Mohammed @ Islam Iqbal Ahmed Shaikh (A-98) and Mohammed Usman Jan Khan (PW-2) (Approver). They conducted reconnaissance of some of the targets on 04.03.1993 as well as on 05.03.1993.
(j) In order to achieve the said object, vehicles were purchased for planting explosives by Tiger Memon, Mohammed Shafi Zariwala and Munaf Halari (all three absconding). Three scooters were purchased through Munaf Halari (AA) who was a close friend of Tiger Memon (AA). Three Commander jeeps were also purchased through Mohammed Shafi Zariwala (AA) and he also bought two Maruti Vans and one Ambassador Car. Mohammed Shafi Zariwala arranged all these vehicles through Suleman Mohammed Lakdawala (PW-365). Two Maruti vans of Blue and Red colour were also purchased through PW-365.
(k) On 07.03.1993, another meeting was held at the house of Shafi where Tiger Memon formed separate groups for reconnaissance of the targets. PW- 2, A-64 and A-100 were in one group which was assigned the task to survey Shiv Sena Bhawan and Sahar Airport.
(l) On 08.03.1993, another meeting was held at the residence of Babloo where Tiger Memon called Javed Chikna, Irfan Chougule, Salim Mujahid, Bashir Khan, Babloo and PW-2 in the flat and selected the following places as targets, namely, Air India Building, Nariman Point, Bharat Petroleum Refinery, Chembur, Share Market near Fountain, Zaveri Bazaar near Mohammed Ali Road and Pydhonie, Five Star Hotels, Cinema Theatres, Shiv Sena Bhavan, Shivaji Park, Dadar, Bombay Municipal Corporation Building, V.T., Sahar Airport, Passport Office, Worli, Mantralaya and others places.
(m) Again, on 10.03.1993, a meeting was held at the house of Mobina @ Bayamoosa Bhiwandiwala (A-96) where PW-2 met Tiger Memon, Javed Chikna, Salim Rahim Shaikh (A-52), Bashir Khan, Zakir Hussain Noor Mohammed Shaikh (A-32), Nasir Abdul Kader Kewal @ Nasir Dakhla (A-64), Parvez Mohammed Parvez Zulfikar Qureshi (A-100), Mohammed Moin Faridulla Qureshi (A-43), Mohammed Iqbal Mohammed Yusuf Shaikh (A-23), Sardar Shahwali Khan (A-54), Bashir Ahmed Usman Gani Khairulla (A-13) and Nasim Ashraf Shaikh Ali Barmare (A-49). In the second meeting, Tiger Memon distributed Rs. 5,000/- to each one of them and again formed the groups. PW-2 also told Tiger Memon about the survey of Chembur Refinery. The following persons also participated in the said meeting, namely, Yakub Abdul Razak Memon (A-1), Essa @ Anjum Abdul Razak Memon (A-3), Yusuf Abdul Razak Memon (A-4), Abdul Razak Suleman Memon (dead) (A-5), Hanifa Abdul Razak Memon (A-6), Rahin Yakub Memon (A-7), Rubeena Suleman @ Arif Memon (A-8), Mohammed Shoaib Mohammed Kasam Ghansar (A-9), Asgar Yusuf Mukadam (A-10), Abdul Gani Ismail Turk (A-11), Parvez Nazir Ahmed Shaikh (A-12), Bashir Ahmed Usman Gani Khairulla (A-13), Md. Farooq Mohammed Yusuf Pawale (A-16), Mohammed Iqbal Mohammed Yusuf Shaikh (A-23), Shahnawaz Abdul Kadar Qureshi (A-29), Zakir Hussain Noor Mohammed Shaikh (A-32), Firoz @ Akram Amani Malik (A-39), Mohammed Moin Faridulla Qureshi (A-43), Nasim Ashraf Shaikh Ali Barmare (A-49), Sardar Shahwali Khan (A-54), Shaikh Ali Shaikh Umar (A-57), Nasir Abdul Kader Kewal @ Nasir Dakhla (A-64), Mohammed Rafiq Usman Shaikh (A-94), Mobina @ Bayamoosa Bhiwandiwala (A-96), Niyaz Mohammed @ Islam Iqbal Ahmed Shaikh (A-98) and Parvez Mohammed Parvez Zulfikar Qureshi (A-100).
(n) Another meeting had taken place in the intervening night between 11/12.03.1993 at Al-Hussaini Building, Dargah Street, Mahim, in which a final touch to the proposed plan of serial bomb blasts was given. The co- conspirators stored explosives like RDX and fire arms in the garages owned by the Memons’ and their relatives at Al-Hussaini Building and utilized these garages and open places outside the same for making bombs during the said night. The following persons were also present there at that time and had actively participated in the work of filling of RDX in the vehicles and suitcases for the said purpose, namely, A-9, A-10, A-11, A-12, A-13, A-16, A-23, A-32, A-36, A-43, A-49, A-52, A-54, A-57, A-64 and A-100.
(o) On 12.03.1993, bombs and other explosive substances were planted at various places by the following persons in the following sequence: Firstly, Mohammed Farooq Mohammed Yusuf Pawale (A-16), Mohammed Tainur Phansopkar (AA) and Irfan Chougule planted bomb and caused explosion at Bombay Stock Exchange at 13:30 hrs. wherein 84 persons were killed and 218 persons were injured;
Secondly, Parvez Nazir Ahmed Shaikh (A-12) planted bomb and caused explosion at Katha Bazaar at 14:15 hrs. wherein 4 persons were killed and 21 persons were injured;
Thirdly, Mohammed Usman Jan Khan (PW-2) and Mohammed Farooq Mohammed Yusuf Pawale (A-16) planted bomb and caused explosion at Lucky Petrol Pump near Shiv Sena Bhavan wherein 4 persons were killed and 50 persons were injured;
Fourthly, Abdul Gani Ismail Turk (A-11) planted bomb and caused explosion at Century Bazaar at 14:45 hrs wherein 88 persons were killed and 160 persons were injured;
Fifthly, Bashir Ahmed Usman Gani Khairulla (A-13), Zakir Hussain Noor Mohammed Shaikh (A-32), Abdul Khan @ Yakub Khan Akhtar Khan (A-36), Firoz @ Akram Amani Malik (A-39), Mohammed Moin Faridulla Qureshi (A-43), Salim Rahim Shaikh (A-52) and Ehsan Mohammed Tufel Mohammed Qureshi (A-122) threw hand grenades and caused explosions at Fishermen’s colony at Mahim at 14:45 hrs. wherein 3 persons were killed and 6 persons were injured; Sixthly, Mohammed Farooq Mohammed Yusuf Pawale (A-16), Mohammed Tainur (AA) and Irfan Chougule planted bomb and caused explosion at Air India Building at 15:00 hrs wherein 20 persons were killed and 84 persons were injured; Seventhly, Md. Shoaib Mohammed Kasam Ghansar (A-9) planted bomb and caused explosion at Zaveri Bazaar at 15:05 hrs. wherein 17 persons were killed and 57 were injured;
Eighthly, Parvez Nazir Ahmed Shaikh (A-12) planted bomb and caused explosion at Hotel Sea Rock at 15:10 hrs. Ninthly, Asgar Yusuf Mukadam (A-10) and Shahnawaz Abdul Kadar Qureshi (A-29) planted explosives and caused explosion at 15:13 hrs at Plaza Cinema wherein 10 persons were killed and 37 were injured; Tenthly, Mohammed Mustaq Moosa Tarani (A-44) planted bomb and caused explosion at Hotel Centaur, Juhu at 15:20 hrs. which resulted in injury to three persons.
Eleventhly, Mohammed Iqbal Mohammed Yusuf Sheikh (A-23) and Nasim Ashraf Shaikh Ali Barmare (A-49) planted bomb and caused explosion at Sahar Airport at 15:30 hrs and;
Twelfthly, Anwar Theba (AA) caused explosion at 15:40 hrs at Centaur Hotel, Airport wherein 2 persons were killed and 8 persons were injured.
In addition to the above, at various other places, viz., Naigan Cross Road, Dhanji Street and Sheikh Memon Street etc., bombs were planted by accused persons which were defused in time on the basis of information received by the police. Thus the object behind the said conspiracy was achieved and commercial hub of the country, Bombay was rocked by a series of blasts.
(p) Thereafter, a First Information Report (FIR) was lodged and pursuant thereto several arrests were made. After the arrest of Altaf Ali Mustaq Ali Sayed (A-67), he made a disclosure under Section 27 of the Evidence Act, 1872 and led Mr. Anil Prabhakar Mahabole (PW-506), Police Officer and pancha Suresh Jagaganath Satam (PW-37) to the residence of Mohammed Hanif from where the following articles were recovered and taken into possession vide Panchnama Exh. 109. A suit case (Article 42) was found containing 65 hand grenades and 100 electronic detonators. In addition, one VIP suit case (Article 43) was found containing 40 hand grenades and 50 electronic detonators. During the examination, only 85 grenades were found in the two suit cases which were marked as Article 44 (1-84) and one hand grenade which was sent to the FSL was marked as Article 45.
(q) Further, on 12.03.1993, one maroon coloured Maruti van was found in abandoned condition near Siemens Factory, Worli bearing No. MFC 1972. When the Police party came to know about the abandoned vehicle, a search was conducted and it was seized by the Police Officer, Dinesh P. Kadam (PW-371) in the presence of Narayan Dattaram More (PW-46) vide Panchnama Exh. 190. The seizure included 7 AK-56 rifles, a plastic bag and 14 magazines which were forwarded to the FSL. One more plastic bag and four hand grenades were also recovered from the Van and were sent to the FSL. The FSL report Exh. 2439-A establishes that these hand grenades were capable of causing explosion. During investigation, it was found that in the above said van, the following persons were sitting, viz., A-57, Javed Chikna (AA), Bashir Khan and Nasir @ Babloo and were proceeding towards BMC office near V.T. for the purpose of killing BJP and Shiv Sena Corporators but they left the vehicle because of the damage caused to the car during the explosion at Century Bazaar.
(r) On 26.03.1993, the following items were recovered from Khalil Ahmed Sayed Ali Nasir (A-42), namely, a single 7.62 mm pistol without magazine (Article 87), a single 7.65 mm pistol without magazine having body No. 352468 made in Czechoslovakia marked as Article 88, four empty magazines, 13 cartridges, 7 cartridges of 7.65 mm pistol, 4 KF 7.65 mm cartridges, 2 SBP 7.65 mm cartridges and 8 cartridges of 7.62 mm pistol.
(s) On 26.03.1993, Investigating Officer (PW-506), in the presence of Lakshan Loka Karkare (PW-45) searched the house of accused Mujammil Umar Kadri (A-25) at village Mhasala, Tal. Shrivardhan and seized certain aricles vide Exh. 158, namely, 13 AK-56 rifles, 26 empty magazines and 3 gunny bags (Article 86).
(t) During the investigation, on 27.03.1993, at the instance of accused Ashrafur Rehman Azimulla Shaikh @ Lallu, Shivaji Shankar Sawant (PW-524) and Abdul Kadar A. Khan (PW-323) prepared the disclosure Panchanama Exh. 439 in the presence of Sayyed Badshah Gaus Mohiuddin (PW-85). In pursuance of the said disclosure Panchanama, the police recovered hand grenades, white tubes, detonators tied together and live cartridges. (u) On 02.04.1993, at the instance of Mohammed Yunus Gulam Rasul @ Bota Miya (A-47), Eknath Dattatraya Jadhav (PW-606), in the presence of PW-34, prepared the disclosure Panchnama Exh. 93. In pursuance of the same, the police seized vide seizure Panchnama Exh. 94 dated 02.04.1993, a single 7.62 mm assault short rifle without magazine, 30.32 empty rifle, magazines, rounds of 7.62 rifles, Goni, Rexin Bag and 6 swords from Raziya Manzil near Ram Shyam Theatre, Jogeshwari, West.
(v) On 26.04.1993, at the instance of Mohd. Moin Faridulla Qureshi (A-43), Eknath Dattatraya Jadhav (PW-606), in the presence of Krishnanad Jacob Alwin (PW-41), prepared the disclosure Panchnama Exh. 133 and in pursuance of the said disclosure Panchnama seized 17 hand grenades vide seizure Panchnama Exh. 134. The said hand grenades were defused with the help of Bomb Detection and Disposal Squad (BDDS).
(w) On 14.04.1993, at the instance of Manoj Kumar Bhawarlal Gupta @ Munna (A-24), Ramrao Mahadev Desai (PW-512), in the presence of Pradeep Atmaram Ire (PW-42), prepared the disclosure Panchnama Exh. 138 and in pursuance of the said disclosure Panchnama seized a single .45 pistol with magazine, thirteen rounds of .45 pistol, a single 7.62 mm pistol with magazine, six cartridges, one .38 revolver, nineteen cartridges, one single barrel country made revolver and four cartridges of .315 bore.
(x) On 25.03.1993, at the instance of Parvez Nazir Ahmed Shaikh (A-12), Anil Prabhakar Mahabole (PW-506), in the presence of Padmakar Krishna Bhosle (PW-43), prepared the disclosure Panchnama Exh. 146 and in pursuance of the said disclosure Panchnama seized a single revolver No. A-85525, five cartridges and six more cartridges vide seizure Panchnama Exh. 479. Besides the aforesaid items, one rexin pouch, one revolver case and Arms Licence and one permit in the name of Tiger Memon were also recovered. (y) On 02.04.1993, at the instance of Ayub Patel (A-72), Eknath Dattatraya Jadhav (PW-606), in the presence of PW-44 prepared the disclosure Panchnama Exh. 154 and in pursuance of the said disclosure Panchnama seized 13 dismantled hand grenades and 3 more hand grenades vide seizure Panchnama Exh. 155 and marked under various article numbers. (z) On 26.03.1993, PW-506, in the presence of Laksham Loka Karkare (PW-45), searched the house of Sharif Parkar at Sandheri, Dist. Raigad and seized two AK-56 rifles, two empty magazines of AK-56 and one gunny bag. (aa) On 01.04.1993, at the instance of Ibrahim Mussa Chauhan @ Baba (A-41), Anil Prabhakar Mahabole (PW-506), in the presence of (PW-45), prepared the disclosure Panchnama Exh. 171 and seized a single 7.72 mm Assault short rifle without magazine, 10 empty rifle magazines, 564 cartridges and 25 hand grenades. In addition, a blue coloured rexin bag was also recovered. (ab) On 18.04.1993, at the instance of Ahmed Birya (A-35), Uttam Khandoji Navghare (PW-545), in the presence of Manohar Balchandra Tandel (PW-56), prepared the disclosure Panchnama Exh. 226 and seized six rifles and 12 black coloured magazines.
(ac) On 13.04.1993, at the instance of Salim Rahim Shaikh (A-52), Shivaji Tukaram Kolekar (PW-526), in the presence of Sakharam Kishan (PW-35), prepared the disclosure Panchnama Exh. 101 and seized one pistol of black colour and 48 intact 7.62 mm cartridges.
(ad) On 04.04.1993, at the instance of Ehsan Mohammed Tufel Mohammed Qureshi (A-122), Prakash Dhanaji Khanvelkar (PW-513), in the presence of Rohitkumar Ramsaran Chaurasia (PW-39), prepared the disclosure Panchnama Exh. 119 and seized one 7.62 mm pistol with magazine and 14 intact and two test fired cartridges.
(ae) On 10.04.1993, at the instance of Nasim Ashraf Shaikh Ali Barmare (A-49), Srirang Vyas Nadgauda (PW-597), in the presence of Ranjeet Kumar Surender Nath Das (PW-38), prepared the disclosure Panchnama Exh. 115 and seized a five chambered country made revolver.
(af) On 08.04.1993, at the instance of Asif Yusuf Shaikh (A-107), Ratan Singh Kalu Rathod (PW-600), in the presence of Chandrakant Atmaram Vaidya (PW-40), prepared the disclosure Panchnama Exh. 126 and seized a single 3.62 mm pistol with magazine as well as 32 cartridges. (ag) On 05.04.1993, at the instance of Shaikh Aziz (A-21), Vijay D. Meru (PW-561), in the presence of Bhaskar Baburao Jadhav (PW-57), prepared the disclosure Panchnama Exh. 245 and seized a single .30 US Carbine, 28 cartridges and 3 magazines.
(ah) On 17.04.1993, at the instance of Ahmed Shah Durani (A-20), Shivaji Shankar Sawant (PW-524), in the presence of Mohd. Ayub Mohd. Umer (PW-72), prepared the disclosure Panchnama Exh. 378 and in pursuance of the said panchnama seized one AK-56 rifle and two magazines. (ai) On 09.04.1993, at the instance of Md. Dawood Mohd. Yusuf Khan (A-91), PW-522, in the presence of Ashok Kumar Hari Vilas Pande (PW-59), prepared the disclosure Panchnama Exh. 265 and seized 9 empty black coloured magazines and 3 AK-56 guns.
(aj) On 22.03.1993, at the instance of Mohammed Shoeb Mohammed Kasam Ghansar (A-9), PW-615, in the presence of Dinesh Dharma Sarvan (PW-53), prepared the disclosure Panchnama Exh. 216 and seized one folded blacken cardboard, one folded cardbox explosive, Packer Package Ltd. Lahore and one Number Plate bearing No. MP-13-D-0380.
(ak) On 12.03.1993, after the blast, one Maruti Van bearing No. MFC-1972 was found abandoned. During the course of search, xerox copies of registration papers of the said vehicle in the name of Rubina Suleman @ Arif Memon (A-8) were found which led the police party to the flat Nos. 22, 25 and 26 of Memons’ at Al Hussaini Building. As the involvement of Memons’ had come to light in the incidents, the said flats were searched by the Police Officer, namely, Dinesh P. Kadam (PW-371), in the presence of Uday Narayan Vasaikar (PW-67) and vide seizure Panchnama Exh. 337, the police party seized the passport of Shabana Memon, five key bunches, two keys 449, rubber slipper of right foot, brown leather chappal of right foot, pista coloured chappal, carpet pieces, rubber slipper and a pink piece of scrap.
(al) On 01.05.1993, at the instance of Yusuf Nullwala (A-118), Suresh S. Walishetty (PW-680), in the presence of Gangaram B. Sawant (PW-265), prepared the disclosure Panchnama Exh. 1100 and seized one plastic bag of Metro Co. and 57 intact bullets.
(am) During the investigation, the following items were recovered from the compound of Al Hussaini Building in the presence of Leoneison Desouza (PW-52), namely, 31 gunny cloth pieces, 25 black cardboard pieces and 34 blacken polythene papers.
(an) Sanjay Dutt (A-117) received three AK-56 rifles and ammunitions from accused Abu Salem, who visited his residence along with A-53 and A-41. After sometime, he returned two AK-56 rifles to co-accused and kept one with him. He also purchased one .9mm pistol from one Qyaoom, a close associate of Dawood. When the news of his involvement came to light, he telephoned A-118 to destroy the AK-56 rifle and the pistol. During the course of investigation, A-117 made a disclosure statement Exh. 1068 which was recorded as Exh. 1068-A. He led the police party to A-118. A-118 made a disclosure statement which was recorded as Exh. 1068-B and led the police party to Kersi Adejania (A-124). A-124 made a disclosure statement which is Exh. 1068C and from him one iron rod and one iron spring were recovered. Thereafter, A-124 led the police party to A-125. A-125 made a disclosure which was recorded in Panchnama Exh. 1068D and led the police party to A- 120 who produced one pistol which is Article 384-D which came to be recovered vide Exh. 1068E drawn by Suresh S. Wallishetty (PW-680) in the presence of Shashikaam R.S. (PW-211).
(ao) On 18.04.1993, at the instance of Noor Mohammed (A-50), Prakash Dhanaji Khanvelkar (PW-513), in the presence of PW-33, prepared the disclosure Panchnama Exh. 88 and seized one olive green bag, one khaki bag and a blackish lamp. During the course of investigation, Shankar Sadashiv Kamble (PW-503), in the presence of PW-55, recovered one rifle from the residence of Abdul Rashid Khan (AA) at Dreamland Co-op. Society, Marol, Bombay.
(ap) On 07.04.1993, at the instance of Faki Ali Faki Ahmed Subedar (A-74), PW-588, in the presence of PW-88, recovered 12 AK-56 rifles, 36 magazines and cartridges.
(aq) At the instance of Janu Kamlya Vetkoli, PW-588, in the presence of PW- 89, recovered six military coloured bags containing 9000 rounds and 3 wooden boxes containing 44 magazines vide Panchnama Exhibit 503. In the Court, the said articles were marked as below:-
i) 750 cartridges marked as Article No.296-B;
ii) 6000 cartridges marked as Article No. 297-(A-i) to (A-viii);
iii) 549 cartridges marked as Article No. 297 (A-ix(b));
iv) 750 cartridges marked as Article No. 297 (A-x(b)); and
v) 850 cartridges marked as Article No. 294-D (Colly). (ar) On 25.05.1993, PW-670 forwarded 12 AK-56 rifles, 80 magazines and 100 cartridges with forwarding letter vide Exh. 2471 to Chemical Analyser. (as) At the instance of Sayeed @ Mujju Ismail Ibrahim Kadri (A-104), PW- 573, in the presence of PW-91, recovered five plastic jars containing explosives and detonators from the lavatory in the courtyard of the accused.
(at) The accused persons had undertaken firing practice at Chinchechamal, Dist. Raigad. Nandev P. Mahajan (PW-587), in the presence of PW-103, seized certain articles, namely, 3 broken branches, pieces of cardboard, 3 empties, 6 lead pieces and pieces of stones.
(au) Out of the aforesaid articles, the following articles were sent to the FSL vide Exh. 2112 i.e., 3 empties, 6 lead shots, 3 tree branches and pieces of target, stones, cardboard and 12 empties recovered on 01.04.1993, 02.04.1993 and 03.04.1993.
(av) At the instance of Issaq Mohammed Hajwani (A-79), PW-587, in the presence of PW-104, recovered 13 hand grenades and 79 empties from Sandheri Jetty. The articles were marked in the Court as per the details given below:
(i) 12 empties Article 307(v) colly
(ii) 67 empties Article 308-B colly
(iii) One hand grenade Article 309-A (i)
(iv) White, yellow and green explosive powder and a cap which was
removed from the hand grenade.
(v) PW-598 defused the hand grenades at Goregaon P.S. and issued the Defusal Certificate. The carbon copy of the Defusal Certificate is marked as Exh. 2055.
(vi) 12 defused hand grenades Article 310-B colly
(vii) On 21.06.1993, Shashinath Raghunath Chavan (PW-676) sent a letter Exh. 2517 to the FSL along with 67 empties for opinion.
(viii) CA Report dated 05.08.1993 vide M.L. case No. BL 643/93, 447/93, 385/93 and 568/93 through MA No. 382/2000 dated 17.10.2000. (aw) During the course of investigation, Shashikant Eknath Shinde (PW-519), in the presence of Dilip Manekrao Dawalekar (PW-65), recovered 57 gunny bags filled with RDX and gelatine from the Nangla Creek on 02.04.1993. Out of 57 bags, 37 were found to be loaded with RDX and the remaining 20 bags to be loaded with gelatine. A-50, A-24, A-59, A-69 and A-121 having admitted dumping of the said bags in the Nangla Creek in their confessional statements.
(ax) Thereafter, 27 criminal cases were registered in relation to the said incidents at various police stations in Bombay City, District Thane and District Raigarh. Upon completion of the investigation, a single charge sheet was filed against 189 accused persons including 44 absconding accused persons on 04.11.1993. Subsequently, further investigation of the case was transferred to the Respondent-CBI who filed 19 supplementary charge sheets under Section 173(8) of the Code of Criminal Procedure, 1973 (in short ‘the Code’) and the trial of 123 accused persons was concluded on 23.11.2003.
3) In order to enquire into the matter and render speedy justice, a Special Judge (TADA) was nominated and recording of evidence started in 1995 and the said process was concluded in the year 2002. Total 687 witnesses were examined and the Special Court pronounced the judgment on 12.09.2006 / 27.07.2007 awarding death sentence to 11 persons and life sentence and other sentences for the offences under TADA, the Indian Penal Code, 1860 (in short ‘IPC’) Arms Act, 1959 and the Explosives Act, 1884. By way of impugned judgment, the trial Court has convicted 100 persons and acquitted 23 persons of all the charges. The judgment under consideration pertains to the trial of 123 accused persons involved in the said blasts. In cases of death sentence, the Special Judge referred the matter to this Court for confirmation. In total, 51 appeals have been filed by the accused against their conviction ranging from various sentences upto life imprisonment. Against the order of acquittal, the State of Mahrashtra through CBI has filed 48 appeals.
FOR FULL JUDGEMENT, PLEASE CHECK THE LINKS BELOW:
93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement:
Part 001 / Part 002 / Part 003 / Part 004 / Part 005 / Part 006 / Part 007 / Part 008 / Part 009 / Part 010 / Part 011 / Part 012 / Part 013 / Part 014 / Part 015 / Part 016 / Part 017 / Part 018 / Part 019 / Part 020 / Part 021 / Part 022 / Part 023 / Part 024 / Part 025 / Part 026 / Part 027 / Part 028 / Part 029 / Part 030 / Part 031 / Part 032 / Part 033 / Part 034 / Part 035 / Part 036 / Part 037 / Part 038 / Part 039 / Part 040 / Part 041 / Part 042 / Part 043 / Part 044 / Part 045
++++
TAGS:
Supreme Court Of India, Yakub Abdul Razak Memon, Death Sentence, Confirmed, Sentence, Appeal, Dawood Ibrahim, Tiger Momon, 93 Bomb Blast, Mumbai Bomb Blast, Don, Gangster, Mafia, Sanjay Dutt, Death Penalty, Serial Blast, Mumbai, maharashtra, India, State Of Maharashtra, CBI, Prosecution, Babri Masjid, Ayodhya, demolition, violence, terrorist, Bombay, arms, ammunitions, conspiracy, Dubai, Pakistan, training, Bombay Stock Exchange, Katha Bazaar, Sena Bhavan, Century Bazaar, Mahim Causeway, Air India Building, Zaveri Bazaar, Hotel Sea Rock, Plaza Theatre, Juhu Centaur Hotel, AirPort Bay-54, AirPort Centaur Hotel, terrorist attack, terror, RDX, Research Department Explosive, Md. Ahmed Dosa, Md. Salim Mira Moiddin Shaikh @ Salim Kutta, Md. Kasam Lajpuria, Ranjitkumar Singh Baleshwar Prasad, Md. Sultan Sayyed, Dighi Jetty, Raigad, Uttan,
++++
