93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 020

Criminal Appeal Nos. 628-629 of 2008 Mohammed Mushtaq Moosa Tarani (A-44) ….. Appellant vs State of Maharashtra,

Through STF, CBI Bombay….. Respondent

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282) Mr. Priyadarshi Manish learned counsel appeared for the appellant (A-

44) and Mr. Gopal Subramanium, learned senior counsel, duly assisted by Mr. Mukul Gupta, learned senior counsel and Mr. Satyakam, learned counsel for the respondent

283) The instant appeals are directed against the final judgment and order of conviction and sentence dated 27.09.2006 and 18.07.2007 respectively, whereby the appellant has been convicted and sentenced to Death by the Designated Court under TADA for the Bombay Bomb Blast Case, Greater Bombay in BBC No. 1/1993.

Charges:

284) A common charge of conspiracy was framed against all the co- conspirators including the appellant (A-44). The relevant portion of the said charge is reproduced hereunder:-

“During the period from December, 1992 to April, 1993 at various places in Bombay, District Raigad and District Thane in India and outside India in Dubai (UA.E.) Pakistan, entered into a criminal conspiracy and/or were members of the said criminal conspiracy whose object was to commit terrorist acts in India and that you all agreed to commit following illegal acts, namely, to commit terrorist acts with an intent to overawe the Government as by law established, to strike terror in the people, to alienate Sections of the people and to adversely affect the harmony amongst different sections of the people, i.e. Hindus and Muslims by using bombs, dynamites, handgrenades and other explosives substances like RDX or inflammable substances or fire-arms like AK-56 rifles, carbines, pistols and other lethal weapons, in such a manner as to cause or as likely to cause death of or injuries to any person or persons, loss of, damage to and disruption of supplies of services essential to the life of the community, and to achieve the objectives of the conspiracy, you all agreed to smuggle fire-arms, ammunitions, detonators, handgrenades and high explosives like RDX into India and to distribute the same amongst yourselves and your men of confidence for the purpose of committing terrorist acts and for the said purpose to conceal and store all these arms, ammunitions and explosives at such safe places and amongst yourselves and with your men of confidence till its use for committing terrorist acts and achieving the objects of criminal conspiracy and to dispose off the same as need arises. To organize training camps in Pakistan and in India to import and undergo weapons training in handling of arms, ammunitions and explosives to commit terrorist acts. To harbour and conceal terrorists/co-conspirators, and also to aid, abet and knowingly facilitate the terrorist acts and/or any act preparatory to the commission of terrorist acts and to render any assistance financial or otherwise for accomplishing the object of the conspiracy to commit terrorist acts, to do and commit any other illegal acts as were necessary for achieving the aforesaid objectives of the criminal conspiracy and that on 12.03.1993 were successful in causing bomb explosions at Stock Exchange Building, Air India Building, Hotel Sea Rock at Bandra, Hotel Centaur at Juhu, Hotel Centaur at Santacruz, Zaveri Bazaar, Katha Bazaar, Century Bazaar at Worli, Petrol Pump adjoining Shiv Sena Bhavan, Plaza Theatre and in lobbing handgrenades at Macchimar Hindu Colony, Mahim and at Bay-52, Sahar International Airport which left more than 257 persons dead, 713 injured and property worth about Rs. 27 crores destroyed, and attempted to cause bomb explosions at Naigaum Cross Road and Dhanji Street, all in the city of Bombay and its suburbs i.e. within Greater Bombay and thereby committed offences punishable under Section 3(3) of TADA (P) Act, 1987 and Section 120(B) of Indian Penal Code read with Sections 3(2)(i)(ii), 3(3), 3(4), 5 and 6 of TADA (P) Act, 1987 and read with Sections 302, 307, 326, 324, 427, 435, 436, 201 and 212 of Indian Penal Code and offences under Sections 3 and 7 read with Sections 25 (1A), (1B)(a) of the Arms Act, 1959, Sections 9B(1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my cognizance.” In addition to the above-said principal charge of conspiracy framed at head firstly, the appellant (A-44) was also charged on other counts which are as under:

At head secondly; The appellant (A-44) committed an offence punishable under Section 3(3) of TADA by committing following overt acts:

a) He attended a meeting with co-conspirators at Hotel Taj Mahal;

and

b) He surveyed Stock Exchange Building and Bombay Municipal Corporation Building, along with co-accused for the purpose of committing terrorist acts by planting bombs.

At head thirdly; On 12.03.1993, the appellant (A-44) planted a suitcase filled with RDX in Room No.3078 of Hotel Centaur, Juhu Tara Road, Mumbai, which exploded, causing injuries to three persons and loss of property to the tune of Rs.2.1 crore, thereby committing an offence punishable under Section 3(2)(ii) of TADA At head fourthly; The appellant (A-44), by causing the aforesaid explosion in Hotel Centaur, Juhu Tara Road, Mumbai, which resulted into injuries to three persons, committed an offence punishable under Section 307 of IPC At head fifthly; The appellant (A-44), by causing the aforesaid explosion, which resulted into injuries to three persons, committed an offence punishable under Section 324 of IPC.

At head sixthly; The appellant (A-44), by causing the aforesaid explosion, which resulted in damage of property, by using explosive material, committed an offence punishable under Section 436 of IPC.

At head seventhly; On 12.03.1993, the appellant (A-44) planted an explosive laden scooter bearing No. MH-05-TC-16 at Shaikh Memon Street with an intent to cause death and destruction of properties by explosion and thereby committed an offence punishable under Section 3(3) of TADA.

At head eighthly; The appellant (A-44), by planting the aforesaid explosive laden scooter also committed an offence punishable under Section 307 of IPC At head ninthly; The appellant (A-44), by planting the aforesaid explosive laden scooter with the knowledge that it was likely to cause damage to the properties, committed an offence punishable under Section 435 read with Section 511 of IPC.

At head tenthly; The appellant (A-44), by planting the aforesaid explosive laden scooter committed an offence punishable under Section 436 of IPC.

At head eleventhly; The appellant (A-44), by planting the aforesaid explosive laden suitcase in Hotel Centaur, Juhu Tara Road, which caused damage to the properties, committed an offence punishable under Section 3 of the Explosive Substances Act, 1908 and;

At head twelfthly; The appellant (A-44), by planting the aforesaid explosive laden suitcase and by possessing the RDX in the said suitcase unauthorisedly committed an offence punishable under Section 4(a)(b) of the Explosive Substances Act, 1908.

285) The Designated Judge found the appellant guilty on all the aforesaid charges. The appellant has been convicted and sentenced for the above said charges as follows:

Conviction and Sentence:

(i) The appellant (A-44) has been sentenced to death under Section 3(3) of TADA (P) Act, 1987 and Section 120-B of IPC read with the offences mentioned in the said charge. In addition, the appellant was also ordered to pay a fine of Rs. 25, 000/-. (charge firstly)

(ii) He has been sentenced to RI for 12 years along with a fine of Rs. 50,000/-, in default, to further undergo RI for one year for the commission of offence under Section 3(3) of TADA. (charge secondly)

(iii) He has been sentenced to RI for life along with a fine of Rs. 25,000/- , in default, to further undergo RI for 6 months for the commission of offence under Section 3(2)(ii) of TADA. (charge thirdly)

(iv) He has been sentenced to RI for life along with a fine of Rs. 25,000/- , in default, to further undergo RI for 6 months for the commission of offence under Section 307 of IPC. (charge fourthly)

(v) He has been sentenced to RI for 3 years for the commission of offence under Section 324 of IPC. (charge fifthly)

(vi) He has been sentenced to RI for 10 years along with a fine of Rs. 1,00,000/-, in default, to further undergo RI for 3 years for the commission of offence under Section 436 of IPC. (charge sixthly)

(vii) He has been sentenced to RI for life along with a fine of Rs. 50,000/-, in default, to further undergo RI for 1 year for the commission of offence under Section 3(3) of TADA. (charge seventhly)

(viii) He has been sentenced to RI for 10 years along with a fine of Rs. 50,000/-, in default, to further undergo RI for 1 year for the commission of offence under Section 307 of IPC. (charge eighthly)

(ix) He has been sentenced to RI for 31/2 (three and a half) years along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months for the commission of offence under Sections 435 read with 511 of IPC. (charge ninthly)

(x) He has been sentenced to RI for 5 years along with a fine of Rs. 12,500/-, in default, to further undergo RI for 3 months for the commission of offence under Section 436 read with Section 511 of IPC. (charge tenthly)

(xi) He has been sentenced to RI for 7 years along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months for commission of offence under Section 3 of the Explosive Substances Act, 1908. (charge eleventhly)

(xii) He has been sentenced to RI for 7 years along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months, for the commission of offence under Section 4(b) of the Explosive Substances Act, 1908. (charge twelfthly) Evidence

286) The evidence against the appellant (A-44) is in the form of:-

(i) his own confession;

(ii) confessions made by other co-conspirators; (co-accused);

(iii) testimonies of prosecution witnesses including eye witnesses; and

(iv) documentary evidence.

Conspiracy:

287) As mentioned above, a common charge of conspiracy has been framed against all the accused persons and in order to bring home the charge, the prosecution need not necessarily prove that the perpetrators expressly agreed to do or cause to be done the illegal act, the agreement may be proved by necessary implication. The cumulative effect of the proved circumstances should be taken into account in determining the guilt of the accused rather than adopting an isolated approach to each of the circumstances. Since we have elaborately discussed the issue relating to conspiracy in the earlier part of our judgment, there is no need to refer the same once again.

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

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