93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 018

Deposition of Prosecution Witnesses:

Deposition of Mohammed Usman Ahmed Zan Khan (PW-2) (Approver)

264) PW-2 deposed as under:-

Reference to A-32

(i) He knew A-32 as ‘Zakir’ and identified him in the court.

(ii) He accompanied A-32 and other co-accused persons to Dubai in February, 1993.

(iii) Ayub Memon (AA), brother of Tiger Memon, received them at Dubai Airport and Tiger Memon also visited them at Dubai.

(iv) In Dubai, A-32 informed PW-2 and other co-accused persons that Tiger Memon had asked them to come to Dubai Airport. All the accused persons, including A-32, then boarded a flight to Islamabad, Pakistan.

(v) On reaching Islamabad, all the accused persons including A-32, were taken out of the Airport without any immigration check.

(vi) In Pakistan, all of them received training in use of RDX, pencil detonators, guns and hand grenades.

(vii) On return to Dubai, all the accused persons met at a flat where Tiger Memon was also present. In this conspiratorial meeting, they discussed about the riots in Bombay and took oath on holy Quran to take revenge and not to disclose the secret of the training in Pakistan to anyone.

(viii) On 08.03.1993, several accused persons including A-32 met at the residence of Babloo (AA) where targets were selected by Tiger Memon.

(ix) A-32 attended another meeting on 10.03.1993 at Bandra where he met Tiger Memon and other co-accused and they discussed about the targets and A-32 gave his report on Chembur Refinery.

(x) PW-2 along with A-32 conducted the survey of Bharat Petroleum Refinery as a possible target of blasts.

Reference to A-36

(i) A-36 also joined training in Pakistan.

(ii) A-36 attended the meeting at the Al-Hussaini building on 11.03.1993 where targets were discussed.

(iii) A-36 received four hand grenades from Javed Chikna (AA) on 12.03.1993 and was instructed to throw the same at Fishermen’s colony at Mahim. Reference to A-39

(i) A-39 joined training in Pakistan

(ii) In Dubai, A-39 also took oath on holy Quran along with other co-accused at the instance of Tiger Memon to keep the training in Pakistan a secret.

(iii) A-39 was present in the meeting at Shakeel’s place on 07.03.1993 where Tiger Memon discussed about targets.

(iv) On 11.03.1993, A-39 along with other co-accused persons went to survey Bharat Refinery as a prospective target.

265) A perusal of the deposition of PW-2 clearly establishes and fully corroborates the confessions of the appellants in all material particulars that the appellants played an active and crucial role in achieving the object of the conspiracy. It further corroborates the fact that they traveled to Pakistan and received training in handling of arms and ammunitions, explosive substances and throwing of hand grenades. They attended meetings at Dubai and in India and also took oath on holy Quran to take revenge. They participated in filling RDX in vehicles which were used to cause explosions at targets and hurled hand grenades at innocent people in Fishermen’s colony at Mahim, on 12.03.1993.

Deposition of Laxman Patil (PW-5) PW-5 is a resident of the Fishermen’s Colony and is an eye-witness to the incident. He witnessed the incident while he was waiting on the road.

(i) He identified A-52, A-32, A-36, A-13 and A-43 in court.

(ii) He participated in the identification parade dated 15.05.1993 conducted at Mahim Police Station by Special Executive Magistrate (PW-469).

(iii) He also identified the car bearing No. MP-13-D-385 in which the appellants came to Mahim slopeway in order to throw hand grenades.

Deposition of Santosh Patil (PW-6)

PW-6 deposed as follows:

(i) He is a resident of Fishermen’s Colony at Mahim. He witnessed the said incident while he was waiting near Municipal School at Mahim Slope.

(ii) He deposed that the appellants came in a Maruti Van to the said Colony and the number of the said vehicle was MP 385.

(iii) He identified A-52, A-32, A-36, A-13, A-43 and A-39 in the Identification Parade conducted in the Court on 20.09.1995.

(iv) He also identified A-32, A-36 and A-39 in the identification parade dated 15.05.1993 conducted at Mahim Police Station by Special Executive Magistrate, PW-469.

Deposition of Shashikant Shetty (PW 13)

PW-13 is an eye-witness and a resident of Mahim Fishermens’ Colony. He deposed as under:-

(i) He came out of his house after hearing the sound of explosion.

(ii) He identified A-52, A-32, A-36, A-39, A-13 and A-43 in Court.

(iii) He participated in the identification parade dated 15.05.1993, conducted at Mahim police station by Special Executive Magistrate PW-469.

(iv) He identified the Maruti Van in which the accused persons came to Fishermen’s Colony as MP-D-13-385.

(v) PW-13 lodged the First Information Report in respect of the explosions at Fishermen’s Colony.

266) From the depositions of PWs-5, 6 and 13, the eye-witnesses, the identification of the appellants as those persons who threw hand grenades towards Fishermen’s Colony at Mahim on 12.03.1993 has been established. They also identified the Maruti Van bearing No. MP-D-13-385 as the vehicle in which the appellants came to the place of incident and fled away. Depositions of the said witnesses fully establish the charge in respect of the incident at Fishermen’s colony against the appellants.

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:

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