93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 015

Charges:

253) The following common charge of conspiracy was framed against all the co-conspirators including the appellants herein. 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 abovesaid principal charge of conspiracy, the appellants were also charged on the following counts:

At head Secondly; Each of the appellants (A-32, A-36 & A-39) committed an offence punishable under Section 3(3) of TADA by doing the following acts:

(i) They received training in handling of arms, ammunition and explosives in Pakistan along with co-conspirators.

(ii) They attended meetings at the residences of Nazir Ahmed Shaikh @ Babloo (AA) and Mobina @ Baya Musa Bhiwandiwala (A-96) where plans for committing terrorist acts were discussed and chalked out.

(iii) They participated in preparation of vehicle bombs on the night of 11.03.1993 at Al-Hussaini building.

At head Thirdly; Each of the appellants along with other co-accused went to Mahim Slope on 12.03.1993 in a Maruti Van bearing registration no. MP-13-D-385, and threw hand grenades on the hutments, which exploded causing death of three persons and injuries to six persons and damage to property worth Rs.50,000/- and thereby committed an offence punishable under Section 3(2)(i)(ii) of TADA read with Section 149 IPC.

At head Fourthly; Each of the appellants along with other co-accused persons formed unlawful assembly as mentioned above, while throwing the hand grenades at the said hutments at Mahim Causeway, which resulted into death, injuries and damage to properties and thereby committed an offence punishable under Section 148 IPC.

At head Fifthly; Each of the appellants, by causing the death of three persons as mentioned above by throwing hand grenades, committed an offence punishable under Section 302 read with Section 149 IPC.

At head Sixthly; Each of the appellants, by causing the aforesaid explosion by throwing hand grenades which resulted into injuries to various persons, committed an offence punishable under Section 307 read with Section 149 IPC.

At head Seventhly; Each of the appellants, by causing the aforesaid explosion by throwing hand grenades, which resulted into injuries, committed an offence punishable under Section 324 read with Section 149 IPC.

At head Eighthly; Each of the appellants, by causing the aforesaid explosion by throwing hand grenades, which resulted into damage to the properties worth Rs.50,000/- committed an offence punishable under Section 436 read with Section 149 IPC.

At head Ninthly; A-39, by causing the aforesaid explosion by throwing hand grenades, along with other co-accused persons at Mahim Causeway, which resulted into death, injuries and destruction of properties, also committed an offence punishable under Sections 3, 4 read with Section 6 of the Explosive Substances Act, 1908 read with Section 149 IPC.

254) The charges mentioned above were proved against all the appellants (A- 32, A-36 and A-39). The appellants have been convicted and sentenced for the above said charges as under:

Conviction and Sentence

(i) The appellants have been sentenced to death under Section 3(3) of TADA and Section 120-B of IPC read with the offences mentioned in the said charge. In addition, the appellants were also ordered to pay a fine of Rs. 25,000/- each. (charge firstly)

(ii) A-36 and A-39 have also been sentenced to suffer RI for 10 years while A-32 has been sentenced to RI for 14 years for the offence punishable under Section 3(3) of TADA. The appellants were also ordered to pay a fine of Rs.25,000/- each. (charge secondly)

(iii) The appellants have been sentenced to death for the offence punishable under Section 3(2)(i)(ii) of TADA read with Section 149 of IPC and were also ordered to pay a fine of Rs.25,000/- each. (charge thirdly)

(iv) The appellants were also sentenced to RI for three years under Section 148 of IPC. (charge fourthly).

(v) The appellants have been further sentenced to RI for life under Section 302 read with Section 149 of IPC accompanied with a fine of Rs. 25,000/- each, in default, to further undergo RI for 6 months. (charge fifthly).

(vi) The appellants were sentenced to RI for 14 years under Section 307 read with Section 149 of IPC accompanied with a fine of Rs.10,000/- each, in default, to further undergo RI for 3 months. (charge sixthly).

(vii) The appellants were sentenced to RI for 2 years under Section 324 read with Section 149 of IPC. (charge seventhly).

(viii) The appellants were sentenced to RI for 10 years accompanied with a fine of Rs.5,000/- each, in default, to further undergo RI for 1 month under Section 436 read with Section 149 of IPC. (charge eighthly).

(ix) A-39 has been sentenced to RI for 10 years accompanied with a fine of Rs.5,000/- each, in default, to further undergo RI for 1 month, under Sections 3, 4 read with Section 6 of Explosive Substances Act, 1908 read with Section 149 IPC. (charge ninthly).

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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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,

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