93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 041

Injured Witnesses:

423) It was pointed out that around 50 people suffered injuries due to the explosion which took place at the Shiv Sena Bhawan/Lucky Petrol Pump. The following witnesses have deposed about the injuries suffered by them on account of the explosion at the Lucky Petrol Pump on 12.03.1993:

i) Sudhir Shankar Chandrorkar (PW-408) – sustained bleeding injuries due to the pieces of iron which had pierced into his body at various places.

ii) Lallan S. Pandey (PW-409) – suffered various bleeding injuries and his left leg had to be amputated from the thigh region, and

(iii) Ankush K. Sawant – (PW-308) – suffered bleeding injuries due to striking of plastic splinter on his left thigh.

The following doctors have deposed with respect to the injuries suffered by the aforestated injured witnesses:

i) Dr. Vijay Madhav Deshmukh – (PW-631) – He is the person who prepared the Medical Certificate for PW-408.

ii) Dr. sunil Raghunath Rai – (PW-633) – He is the person who prepared the Medical Certificates for PWs 409 and 308.

The said witnesses (doctors) proved to have issued the medical certificates Exh. 2348 in respect of the above mentioned injuries.

The following claimants have claimed the dead bodies of their son (Shri John Thomas) and cousin sister (Smt. Mamta Surendra Pilankar) respectively who died on account of the explosion at Lucky Petrol Pump:

i) Thomas Itiyavira Modabamkunnel – (PW-427) and;

(ii) Nitin Vasant Parkar – PW-410 Four persons died in the blast that took place at Shiv Sena Bhawan.

Kishore L. Sawant PW-568 – has prepared the Accidental Death Reports (ADRs) in respect of the two deceased persons.

i) Exh. 1967 – ADR No. 19/93 in respect of death of Smt. Mamta Surendra Pilankar, cousin sister of Shri Nitin Vasant Parkar (PW-410).

ii) Exh. 1971 – ADR No. 42/93 in respect of death of Shri John Thomas, son of Shri Thomas Itiyavira Modabamkunnel (PW-427). The doctors who prepared the Death Report Certificates in respect of the deceased are:

i) Dr. Walter G. Vaz (PW-476) – prepared the death certificate of John Thomas son of Thomas Itiyavira Modabamkunnel (PW-427);

ii) Dr. Anand P. Desai (PW-477) – prepared the death certificate of Mamta Surendra Pilankar who was the cousin sister of Nitin V. Parkar (PW-410).

The articles seized from the scene of the blast that took place at Shiv Sena Bhawan were sent to the Forensic Science Laboratory for opinion vide Exh. 2447 and Exh. 2469. The FSL Reports received in respect of the said letters are Exh. 2447-A and Exh. 2448. The reports prove that the articles found at the scene contained traces of Highly Explosive substance ‘RDX’. It was further found that the clothes were stained with human blood and had traces of RDX as well. The aforesaid evidence establishes the fact that the appellant planted the vehicle bomb at the site of the explosion and massive damage was caused to life and property due to his actions. Witnesses regarding the incident at the Air India Building:

Deposition of Vilas Vyankatesh Kulkarni (PW-10)

424) He is an eye-witness to the incident. He deposed with respect to the explosion at Air India Building and the Ambassador car which exploded causing damage.

i) He was the owner of MAFCO Farm Fair Shop. On 12.03.1993, at about 12 noon, while going to his shop, he noticed a white coloured ambassador car bearing No. MH -9622 parked abutting the footpath and opposite to the footpath at the rear gate of Bank of Oman. In the tunnel, the driver alighted from the car and locked it. He stood near the car and at the same time noticed another Contessa Car entering the tunnel from the eastern side in reversed position.

ii) He also saw a blue coloured Maruti-800 car stopped 5 to 6 feet away from him and the person sitting by the side of the driver called the driver of the white coloured Ambassador. They then left together in a blue coloured Maruti 800 car.

iii) Around 2:40 to 2:45 p.m., PW-10 reported hearing a deafening sound from the Air India Building. He saw the white Ambassador car 5 to 6 feet up in the air. He also noticed black smoke rising from the tunnel and heard falling of glass pieces. After 15 minutes, he saw a big crater formed at the place where the white coloured Ambassador Car was parked.

iv) He also reported that many people were injured and died in the said incident. His shop was also badly damaged and his employees, viz., Ganesh and Joginder sustained minor injuries.

v) He identified A-16 in the identification parade dated 09.04.1993 conducted by the SEM (PW-462) and again he identified A-16 in the identification parade dated 14.05.1993 conducted by the SEM PW-469.

vi) He also identified the photographs of the appellant which were marked as Article Nos. 7 and 8 in the parade dated 15.06.1993 conducted by SEM PW-469.

425) It was submitted by the counsel for the appellant (A-16) after reading paragraph Nos. 7, 8 and 14 of his deposition that witness was not able to identify the accused even after giving more chances to identify the accused. It was furher contended that there being only one eye-witness, who also could not identify the accused, hence, there is no other eye- witness in the case. It is pointed out that the witness had wrongly identified A-16. It is submitted that the witness understood his mistake and informed that he had wrongly identified the accused. It is relevant to mention that the incident took place on 12.03.1993 and the identification was held in the court on 11.10.1995, i.e., after a period of two years, and therefore, the witness could not identify A-16. This cannot be taken to discredit the other facts which have been accurately described by him. The witness had identified the appellant when the parade was conducted by the SEM, however, it is only due to lapse of time that he could not identify the accused again.

Deposition of Fuldas Yadav Bhoye (PW-321)

PW-321 was a PSI with Cuffe Parade Police Station at the time of the incident. He deposed regarding the damage caused to life and property at the scene of the blast. He deposed as follows:

(i) On 12.03.1993, at 3 p.m., he along with PI Chaudhary and other staff had been to the Air India Building. He found two cars burning in front of the Bank of Oman.

(ii) He further stated in his deposition that the entire atmosphere was surrounded with dense smoke and a crater of size 8×7 feet had been created in the porch.

(iii) The flooring of the first underground floor also had a similar crater and the second underground floor was visible through the craters that had been formed.

(iv) The building of the Bank of Oman had been fully destroyed and there was substantial damage to the offices of Air India, Mauritius and Singapore Airlines.

(v) He further deposed that three cars bearing registration numbers BLL-904, MH-01-M-5039 and BLN-2933 and motor taxi bearing registration no. MMT-3075 were completely burnt, leaving behind only the chassis.

(vi) The cars parked on the porch of Air India building were also damaged.

(vii) Six dead bodies were removed and sent to the JJ Hospital with the help of firemen.

(viii) The injured were taken to GT Hospital and the Bombay Hospital.

Deposition of N. Venkatramni (PW-376)

He was the Engineer-in-charge of Air India Building situated at Nariman Point, Bombay. He found that there was extensive damage caused to Air India Building after the blast that occurred in front of the said building. He along with other engineers inspected the site. They appointed specialized valuers ‘M/s Sunil Vora & Associates’ for ascertaining the damage caused to the building. The valuers visited the building in April 1993 and gave a report estimating the damage to be to the tune of Rs. 1 crore 51 lakhs.

Deposition of Abbas Husseini Rangwala (PW-377)

He was working with the Bank of Oman at the time of the incident. He deposed as follows:

(i) On 12.03.1993, at 2.40 p.m., he heard a big sound like bomb explosion and the ceiling and glass panels fell down. The furniture was damaged, computers worth Rs. 10 lakhs were damaged, air conditioning system was totally damaged and two vehicles belonging to the bank which were parked in the tunnel were fully damaged causing loss of Rs. 6 lakhs.

(ii) The bank lost about Rs. 2 lakhs 96 thousand due to sudden interruption in banking operations.

(iii) Twelve employees of the bank were injured, out of which 2 ladies succumbed to death. In addition, 3-4 customers of the Bank were also injured. Three persons from RBI sustained injuries and later succumbed to death.

(iv) The Bank appointed M/s Bhatavedekar & Co., specialised valuers, to ascertain the damage caused. The report of the valuers assessed the damage to be to the tune of Rs. 50 lakhs.

Other witnesses:

426) The number of injured people in the blast which took place at the Air India Building was 84 and 20 people had died in the said incident. The following injured persons have deposed as witnesses who were present inside the Air India building when the blast took place:

(i) Purshottam Narhar Karmarkar (PW-404)

(ii) Madhav Pundalik Patkar (PW-405)

(iii) Sadashiv Gopal Pendse (PW-407) Their deposition may be summarized as under:

(i) At 2.45 p.m., while waiting for lift in the lobby of Air India building, they heard the sound of a big explosion which was followed by a black out.

(ii) The false ceiling of the lobby collapsed and fell on them.

(iii) PW-404 sustained injury in his leg.

(iv) PWs 405 and 407 sustained multiple injuries from splinter glasses also. They were frightened and immediately left the building.

(v) Glass splinters pierced on the right side of the body of PW-405 who was later admitted in Bombay Hospital and discharged on 18.03.1993. PW-404 and PW-407 were admitted in the casualty ward of JJ Hospital and were later shifted to the Hinduja Hospital. PW-404 was discharged on 22/23rd March, 1993 and 3-4 days after that PW-405 was discharged. The testimonies of these witnesses proves the fact that the impact of the blast was massive, causing exponential loss to life and property. These people were present at the scene of the incident and received injuries due to the blast which occurred at the Air India Building. The people inside the building were also hurt by the blast and huge loss was caused to the property.

Deposition of Dr. Sanjay Rajendra Agarwala (PW-653)

He was the doctor at Hinduja Hospital and deposed regarding the injuries sustained by PW-404 who was admitted in the said hospital on 13.03.1993. He deposed that the victim had seven to eight injuries; his major injuries included a fracture of left elbow sustained in bomb blast occurred on 12.03.1993. He had to be operated on and was treated and discharged on 24.03.1993. He was again admitted on 02.05.1993 and was discharged on 05.05.1993 after treatment and removal of foreign body ‘granuloma’ from the ring finger of his right hand and the metacarpel region of neck.

Deposition of Dr. Rajaram Amrut Bhalerao (PW-646)

He was the doctor at Hinduja Hospital and has deposed regarding PW-407 who was brought to the casualty centre of the said hospital on 13.03.1993. He deposed that the injured was having one major injury towards right side of the neck and multiple abrasions on the neck and face and had suffered loss of blood.

Deposition of Dr. Rajkumar Patil (PW-635)

He was the doctor at Bombay Hospital and has deposed regarding PW-405. He deposed that the injured witness was brought to the Bombay Hospital on 12.03.1993 and examined by one Dr. Gupta. He was admitted in a place where arrangements were made for victims of bomb blasts that had occurred at the Bombay Stock Exchange, Air India Building and Zaveri Bazaar. Dr. Patil reported that PW-405 had been treated at the hospital and was discharged on 19.03.1993.

Depositions of Sandeep Prakash Bafna (PW-194) and Prakash Sanchalal Bafna (PW-247)

At the relevant time, both were working with Hindustan Motors and Hero Honda Motors respectively. In the month of January, 1993, Gulam Rasool (A-58) of Ujjain (M.P.) had taken the delivery of an Ambassador car for Rs. 1,84,466/- from Hindustan Motors whose temporary Registration No. was MH-20- TR-622. This booking was made through ‘Sulebhai’ (Suleman Lakdawala (PW-

365)) of Petrol Pump at Byculla and Shakeel Suleman of Auto Links. PW-194 identified the photograph (Article 377-A) of Gulam Rasool in the identification parade held at Police Head Quarters conducted by SEM Shri Vichare (PW-247) and also identified the photograph (Article 382-B) in an identification parade held at the office of DCB, CID conducted by SEM PW-

469. Thus, the place from where the car was purchased was located and the witness identified the person who had bought the car.

Deposition of Suleman Lakdawala (PW-365)

PW-365 deposed that Shafi Zariwala (AA) told him that he required three new Commander Jeeps bearing Registration Number of Gujarat State during February/March 1993. PW-365 contacted Shakeel Suleman Hasham, who informed that the cars with Registration No. of Madhya Pradesh were available. Shafi (AA) agreed to buy those cars. Suleman Lakdawala also arranged for one white ambassador car for Shafi. This would further be established by the evidence of PW-366.

Deposition of Shakeel Suleman Hashan (PW-366)

In his deposition, he stated that he (PW-366) introduced PW-365 with the car agency by name ‘Kailash Agencies’. PW-365 taken the said car from the said agency and delivered it to Shafi Zariwala (AA).

Deposition of Mukhtar Imdad Ahmed PW-281

PW-281 deposed that he had been asked by Shafi (AA) to prepare cavities in between the rear seat and fuel tank of the white Ambassador car bearing Registration No. MH-2Q-TR-622. It is pointed out that it was this car which was used to cause the explosion outside the Air India building. It is further pointed out that all these witnesses prove that the car which was used by the appellant for the blast was bought by the other co-accused. It has been established that Shafi Zariwala was a close associate of Tiger Memon. The depositions of these witnesses establish the link between all the evidence leading to the appellant (A-16) and the incident of explosion that took place on 12.03.1993.

Deposition of Ashok Budhavale (PW-614)

PW-614 was working in the Worli Police Station as an API in the year 1993. It was contended that the police officer did not remember whether he had made entries in the station diaries while taking the accused out for TIP and while bringing them back. It was also contended that his senior officer PI Pharande had not given him any written orders for taking the accused out of the custody and so the TIP is vitiated as the procedure was not followed. It is relevant to note regarding the entries to be made in the diary that the officer had deposed that he did not recollect whether he had made the entry or not and with respect to the communication between the API and the PI, it is pointed out that the API had received oral instructions from his superior and there was no requirement of any written orders.

Deposition of Madhukar Baburao Gathade (PW-535)

In the year 1993, he was attached as a PI with DCB, CID, Unit IX. In his deposition, he mentioned that he did not remember as to how many letters of sanctions were sent to him by the District Magistrate. The counsel for the appellant submitted that he did not grant any sanction and even if he did, the sanction was not granted on due application of mind by the District Magistrate. It is pointed out that the deposition of the witness was made on 06.12.1999, i.e., six and a half years after the incident. It is not possible for all the witnesses to remember all the details of all the events that took place during the trial. It is further submitted that the investigating officer had written a letter to the District Magistrate explaining the circumstances in which his sanction was sought to prosecute under the provisions of the Explosive Substances Act.

Deposition of Ramalingam Nadar (PW-349)

PW-349 acted as a panch witness in the search that was conducted at the house of A-16. It was submitted by the counsel for the appellant that the witness did not know English and the statement and panchnama were recorded in English and the driving licence was also in the English language. It is pointed out that the witness deposed that the document was explained to him in Hindi and he found the contents to be true. The contention of the counsel for the appellant stands negatived.

Deposition of Nagesh Lohar (PW-356)

PW-356 was working with Unit-I of DCB, CID and went to the house of A- 16 when the search was made. It was submitted by the counsel for the appellant that no personal search of the members of the raiding party was conducted by the panch witness when they went to search the house of A-16. The witness deposed that a personal search was conducted; however, he did not record it in the panchnama due to oversight. He deposed that he did not realize that it had to be recorded till the time he was questioned for it.

Deposition of Rajan Dhoble (PW-585)

In the year 1993, he was attached with DCB, CID, Unit-I as a PI. The counsel for the appellant submitted that the same person was acting as a witness in investigation taking place at two places of incident, i.e., Air India Building and the Stock Exchange and, hence, was not a reliable witness. It is pointed out by the other side that there is no prohibition that a Police Inspector cannot investigate two matters at the same time. Evidence of Witness regarding the incident at the Stock Exchange:

Deposition of Ashok Kamble (PW-24)

427) PW-24 was a Security Guard at the Bombay Stock Exchange Building. He is an eye-witness to the incident. His deposition revealed that on 10.03.1993, the appellant along with other accused persons had entered the Stock Exchange Building for parking the said red coloured Maruti 1000 car. PW-24 identified A-16 in the Court at the time of his deposition as well as in the TIP dated 11.05.1993 and 08.06.1993 conducted by SEMs PW-458 and PW- 469 respectively. In view of the above, it was submitted that the deposition of PW-24 establishes that the appellant had been to the Stock Exchange Building prior to the blasts for the purpose of surveying the targets.

Deposition of Brijmohan Mehra (PW-458)

PW-458 was the SEM who conducted the TIP with regard to the accused A- 16 for PW-24. It was submitted by the counsel for the appellant that the SEM was neither aware of the guidelines nor he had seen the Rules framed by the High Court of Judicature of Bombay regarding the precautions to be taken by a person conducting the TIP. It is relevant to note that the Government of Maharashtra had not issued as such any guidelines but had given the draft memorandum for Identification Parade. Therefore, it is established that the procedure which was required to be followed was known to the SEM and he had conducted it in accordance with the same.

428) A perusal of the entire evidence above establishes the guilt of the appellant (A-16). The confession of the appellant gives the detail of all the important events that took place during the time when the conspiracy was in its nascent stage. The appellant (A-16) was involved in the landing of arms and ammunitions and explosives; he went to Pakistan for training in using arms and making explosives; attended crucial conspiratorial meetings; went to survey the targets; was also present in the meeting when the targets were being finalized; and in addition to all these actions, he planted explosives laden vehicles at two locations and went to survey the third location.

429) All these events have been narrated by the co-accused also and the presence of the appellant has been narrated in the confessions of many co- accused including the ones who were an integral part of the plan. The evidence given by the approver and eye-witnesses also corroborate the fact that the appellant had planted explosives at two locations and had surveyed the third place.

430) The evidence of the approver, the eye-witnesses, experts and other witnesses above clearly establish the involvement of A-16 in the explosions that took place at the Stock Exchange building, Air India building and the Shiv Sena Bhawan. It is established that A-16 was an active member of the conspiracy which led to the blasts at various places in Bombay and caused many deaths, injuries and loss to property.

431) The evidence given by the doctors and the family members of the deceased show the extent of suffering that was inflicted by A-16 and the other accused in pursuance of the conspiracy. The quantity of RDX that was used in the blasts clearly shows and establishes the fact that the blasts were intended to tear the economic, moral and social fabric of the nation and to induce communal tensions. The involvement of the appellant in the entire conspiracy establishes the critical role played by him in the blast.

432) In view of the above said confessional statement of the appellant (A-16), the confessional statements of other co-accused persons, as also the eye-witnesses along with other witnesses duly examined, the prosecution has produced sufficient evidence against the appellant to bring home the charges framed against him.

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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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,

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