93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 026

Other Witnesses:

323) Kashiram Kubal (PW-449), Piyara Singh (PW-447), Mohan Mayekar (PW-455), Dattatreya Pawar (PW-448) and Ramesh Lad (PW-450) proved the injuries sustained by them during the explosion. Dr. Rajaram Bhalerao (PW-646), a doctor at Hinduja Hospital who issued certificates regarding treatment of PW-449 and PW-407 sufficiently corroborates the fact of injury suffered by the victims. Vinayak A. Mayekar (PW-456), who was the brother of the deceased Vishram Mayekar, who died due to head and chest injuries sustained in the explosion at Plaza Theatre proved the death of the said victim and also deposed about the charge being taken by him of the dead body on 13.03.1993 from KEM Hospital. Ramesh Barasingh (PW-457), son of the deceased Kisan Barasingh, who died due to scalp injury sustained in the explosion at Plaza Theatre proved the death of the said victim and also deposed about the charge being taken by him of the dead body on 13.03.1993 from KEM Hospital. This fact is further corroborated by the deposition of Dr. Walter Vaz (PW-476), who certified the deaths and its cause of the above said victims.

324) Ramesh Naik (PW-305), the Supervisor of Plaza Cine House deposed regarding hearing a loud explosion on 12.03.1993, at about 03:14 p.m., and saw that the cars parked in the parking area caught fire and a red Maruti Van was completely destroyed, a big crater was formed, compound wall was collapsed, watchman and other staff were injured and further inspected and ascertained the damage of Rs. 50 lakhs and lodged a complaint with PW-551 of Mahim Police Station. Further, he visited Sion and KEM Hospital and found that watchman Singh and project operators Shinde and Vasta had succumbed to their injuries.

325) Ramesh Tulsiram Kolhe (PW-551), an Officer from Mahim Police Station who recorded the complaint of the above, i.e., Ramesh Naik (PW-305) proved the said document. He further deposed that on 13.03.1993, he registered accidental death of Shinde, Vasta, Nissar, Siddiqui and sent a letter to Coroner for effecting post-mortem etc. under panchnama Exh. 1894 and took charge of brass articles penetrated in the body of PW-449 brought from Hinduja Hospital by PC Kamble. PW-551 also deposed about the Accidental Death Reports prepared by him in respect of the deceased persons.

326) Nivrutti S. Kokare (PW-557), was the officer who inspected the scene of offence and prepared the inspection panchnama in the presence of witnesses vide Panchnama Exh. 1918 regarding the crater being formed in the area of car parking, collapse of northern compound wall, burnt vehicles etc. He also took charge of 4 to 5 broken parts of the said red Maruti Van and the number plate bearing No. MAM 962 amongst other things.

327) It is contended on behalf of the appellants with respect to the deposition of PW-305 that on 12.03.1993, despite arrival of so many policemen at the place of explosion, there was no Panchnama prepared on the said date and it came to be prepared only the next day. Further, with respect to the deposition of Narsingh Sherkhane (PW-556), it is contended that the said API of the Bombay Police prepared the Panchnama only on 14.03.1993 whereas the offence was committed on 12.03.1993, and therefore, there has been delay in recording Panchnama which is a serious lapse in the procedure. It is brought to our notice that the Police had cordoned off and sealed the said area so as to ensure that the scene of crime was not tampered with. Moreover, after several explosions in the city, there was a state of panic and law and order situation which the Police were required to handle as a priority.

328) It is further contended by Ms. Farhana Shah on behalf of the appellants that no efforts were made by the prosecution or PW-557 to trace the ownership of the said Maruti Van. It is further contended with respect to PW-557 that, on inspection of the scene of offence and after effecting the seizure of articles therefrom, he did not mention the articles seized and certain details while drawing up the panchnama and thus his deposition cannot be relied upon. A perusal of the deposition of PW-557 reveals that he has duly inspected the scene of crime and carefully drawn up the panchnama (Exh. 1918) mentioning all the details. He has mentioned the details of all the articles seized by him therein, more particularly, the broken parts of the said Maruti van and the number plate bearing no. MFC 1972. Further, it is amply clear from the depositions of PWs-3 and 4 that the said Maruti van came inside the Plaza Cinema, they having seen the accused in the said van and it has been significantly proved that the appellants were inside the van and that it is the said van which caused the explosion. It has already been proved that the two Maruti Vans, one of blue and the other of red colour were purchased by Mohd. Shafi Jariwala (AA) from Suleman Lakdawala (PW-365) and Kailash Baheti (PW-342). Further, the number of blue Maruti Van is MH-13-D-385 but the number of red coloured Maruti was not known as it was not registered. The delivery of both these vans was given by PW-366 which was supplied by PW-365, who in turn delivered these vans to Shafi Jariwala.

329) It is contended on behalf of the appellants that no evidence has been brought on record to corroborate that the appellants had any driving licence. To this, prosecution pointed out that A-10 has been duly and properly identified as the driver of the said Maruti van by the eye- witnesses, viz., PWs-3 and 4. It has also been revealed by him in his own confessional statement as well as in the confessional statements of other co-accused that he drove the car to Plaza Cinema. Notwithstanding the absence of driving licence, it has been established that A-10 was driving the car.

330) Chordekar (PW-361) has proved the damage caused to the MTNL (public property). FSL Reports Exhs. 1952 to 1955 show the traces of RDX explosives. Rajkumar Nagdawne (PW-563) vide letter had sent the articles collected from the scene of offence and other places to FSL for opinion.

331) In view of the above said confessional statements of the appellants (A-10 and A-29), the confessional statements of the other co-accused persons, deposition of prosecution witnesses, as also the eye-witnesses, viz., PWs-3 and 4 along with other witnesses duly examined by the prosecution, the charges framed against the appellants have been duly proved.

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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