308) A common charge of conspiracy was framed against all the co- conspirators including the appellants (A-10 and A-29). 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 aforesaid principal charge of conspiracy framed at head firstly, the appellants (A-10 and A-29) were also charged on other common counts which are summarized as under:
At head secondly; the appellants (A-10 and A-29), abetted and knowingly and intentionally facilitated the commission of terrorist acts and acts preparatory to terrorist acts by participating in the landing and transportation of arms, ammunition and explosives at Shekadi on 3rd and 7th February, 1993; by participating in the conspiratorial meetings at the residence of Nazir Ahmed Anwar Shaikh (AA) and Baya Moosa Bhiwandiwala (A-96) to chalk out the plans for commission of terrorist acts and by participating in the preparation of vehicle bombs at Al-Hussaini Building and collecting money from the co-accused Mulchand Shah for disbursement to various accused persons who were involved in criminal conspiracy and thereby committed an offence punishable under Section 3(3) of TADA.
At head thirdly; the appellants (A-10 and A-29), planted an explosive laden Maruti Van in the compound of Plaza Cinema on 12.03.1993, which exploded causing death of 10 persons, injuring 36 others and further damage to property worth Rs. 87 lakhs and thereby committed offences punishable under Section 3(2)(i) of TADA At head fourthly; the appellants (A-10 and A-29), by causing the aforesaid explosion caused death of 10 persons and thereby committed an offence punishable under Section 302 IPC read with Section 34 IPC.
At head fifthly; the appellants (A-10 and A-29), by causing the aforesaid explosion, caused hurt to 36 persons and thereby committed an offence punishable under Section 307 IPC read with Section 34 IPC.
At head sixthly; the appellants (A-10 and A-29), by causing the aforesaid explosion, caused grievous hurt to 16 persons and thereby committed an offence punishable under Section 326 IPC read with Section 34 IPC.
At head seventhly; the appellants (A-10 and A-29), by causing the aforesaid explosion, voluntarily caused hurt to 27 persons and thereby committed an offence punishable under Section 324 IPC read with Section 34 IPC.
At head eighthly; the appellants (A-10 and A-29), by causing the aforesaid explosion, caused damage to properties and thereby having committed an offence punishable under Section 435 IPC read with Section 34 IPC.
At head ninthly; the appellants (A-10 and A-29), by causing the aforesaid explosion, caused damage to the property used as dwelling house and for custody of property and thereby having committed an offence punishable under Section 436 IPC read with Section 34 IPC.
At head tenthly; the appellants (A-10 and A-29), by causing the aforesaid explosion committed an offence punishable under Section 3 of the Explosive Substances Act, 1908.
At head eleventhly; the appellants (A-10 and A-29), by causing the aforesaid explosion, committed an offence punishable under Section 4(b) of the Explosive Substances Act, 1908.
At head twelfthly; the appellants (A-10 and A-29) by possessing RDX in the said Maruti Van, which was used for causing the aforesaid explosion, committed an offence punishable under Section 9B(1)(b) of the Explosives Act, 1884.
At head thirteenthly; the appellant (A-10), abetted and knowingly facilitated explosions at Hotel Sea Rock, Hotel Centaur and Airport Centaur and thereby committed an offence punishable under Section 3(3) of TADA.
At head fourteenthly; the appellant (A-10), travelled in the van MFC- 1972 with the explosive laden suitcases and thereby committed the offences punishable under Sections 3 and 4 read with Section 6 of the Explosive Substances Act, 1908.
309) The Designated Judge found the appellants guilty on all the aforesaid charges. The appellants have been convicted and sentenced for the above said charges as follows:
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) The appellants (A-10 and A-29) were convicted and sentenced to RI for 9 years and 10 years respectively along with a fine of Rs.50,000/- each, in default, to further undergo RI for 1 year for commission of offence under Section 3(3) of TADA. (charge secondly)
(iii) The appellants have been sentenced to death, subject to confirmation of the same by this Court, along with a fine of Rs.25,000/- each, for the offence punishable under Section 3(2)(i) of TADA. (charge thirdly)
(iv) The appellants have been sentenced to death, subject to confirmation of the same by this Court, along with a fine of Rs 25,000/- each, for the offence punishable under Section 302 of IPC read with Section 34 of IPC. (charge fourthly)
(v) The appellants have been sentenced to RI for life along with a fine of Rs. 50,000/- each, in default, to further undergo RI for 1 year, for the offence punishable under Section 307 of IPC read with Section 34 of IPC. (charge fifthly)
(vi) The appellants have been sentenced to RI for 10 years along with a fine of Rs. 50,000/- each, in default, to further undergo RI for 1 year, for the offence punishable under Section 326 of IPC read with Section 34 of IPC (charge sixthly)
(vii) The appellants have been sentenced to RI for 3 years for the offence punishable under Section 324 of IPC read with Section 34 IPC. (charge seventhly)
(viii) The appellants have been sentenced to RI for 7 years along with a fine of Rs. 50,000/- each, in default, to further undergo RI for 1 year, for the offence punishable under Sections 435 and 436 of IPC read with Section 34 IPC. (charges eighthly & ninthly)
(ix) The appellants have been sentenced to RI for 10 years along with a fine of Rs. 25,000/- each, in default, to further undergo RI for 6 months, for the offence punishable under Section 3 of the Explosive Substances Act, 1908. (charge tenthly)
(x) The appellants have been sentenced to RI for 7 years along with a fine of Rs 25,000/- each, in default, to further undergo RI for 6 months, for the offence punishable under Section 4(b) of the Explosive Substances Act, 1908. (charge eleventhly)
(xi) The appellants have been sentenced to RI for 2 years for the offence punishable under Section 9B(1)(b) of the Explosives Act, 1884. (charge twelfthly)
(xii) The appellant (A-10) 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 offence punishable under Section 3(3) of TADA. (charge thirteenthly)
(xiii) The appellant (A-10) has been sentenced to RI for 5 years along with a fine of Rs 25,000/-, in default, to further undergo RI for 6 months, for the offence punishable under Sections 3 and 4 read with Section 6 of the Explosive Substances Act, 1908. (charge fourteenthly) Evidence:
310) The evidence against the appellants (A-10 and A-29) is in the form of:-
(i) their own confessions;
(ii) confessions made by other co-conspirators; (co-accused);
(iii) testimonies of prosecution witnesses; and
(iv) documentary evidence.
311) The object behind the conspiracy is the ultimate aim of it and many means may be adopted to achieve this ultimate object. The crime of conspiracy is complete the moment there is an agreement in terms of Section 120-A of IPC. However, where the conspiracy has in fact achieved its object and resulted in overt acts, all the conspirators in terms of the law explained hereinabove would be liable for all the offences committed in pursuance of the conspiracy on the basis of the principle of agency which is inherent in the agreement which constitutes the crime of conspiracy. 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.
Confessional Statement of Asgar Yusuf Mukadam (A-10)
312) Confessional statement of A-10 under Section 15 of TADA has been recorded on 23.04.1994 (18:00 hrs) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. A brief summary of the confessional statement of A-10 is reproduced hereunder:
(i) He was working in the office of Tiger Memon (AA) and his job was to maintain an account of the Hawala money and the money received in the smuggling of gold and silver.
(ii) Due to riots in December, 1992, the office of Tiger Memon (AA) was closed which resumed on 17th December after the riots subsided. Again, on 6th January, 1993, his office was closed as the riots had resurfaced.
(iii) Anwar (AA) and Shafi (AA) always used to be by the side of Tiger Memon (AA). The smuggled silver used to be purchased by Raju Laxmichand Jain @ Raju Kodi (A-26).
(iv) The money received by Tiger Memon (AA) in the above transactions was kept in a ‘Hathi account’ maintained by Tiger with Mulchand Sampatraj Shah @ Choksi (A-97). Whenever Tiger needed money he would either withdraw it himself or through A-10
(v) In January, 1993, A-10 had come to know from Anwar that Tiger was going to smuggle arms and ammunitions, explosive (Kala Sabun) and hand grenades.
(vi) On 10th/11th February, Yakub Abdul Razak Memon (A-1) directed A-10 to meet him in the evening. At about 6:30-7:00 p.m., A-10 visited the residence of A-1 at which time 3 tickets and 3 passports of Parvez Mohammed Parvez Zulfikar Qureshi (A-100), Md. Farooq Mohammed Yusuf Pawale (A-16) and Salim Phansopkar were handed over to him and he was asked to pick them up from Midland Hotel and then drop them at the Airport for their journey to Dubai. Accordingly, A-10 carried out the said instructions and dropped the aforesaid three persons at the Airport after handing over their passports and tickets. The said tickets were for Dubai.
(vii) Next day, A-10 went to the Tiger’s residence on his instructions.
There he saw Anwar Theba (AA), Shafi (AA), and A-12 standing outside the building. Thereafter, he met Tiger Memon and escorted him to the Airport where Rafiq Madi and Javed Chikna (AA) also arrived. Tiger left for Dubai along with Javed Chikna instructing A-10 to remain in contact with A-1 and in case of requirement of money to A-1 to get the same from A-97. A-10 was also told by Tiger that Sharif Abdul Gafoor Parkar @ Dadabhai (A-17) was to be paid Rs. 5 lacs against the landing and that the same should be paid to him.
(viii) After Tiger’s departure, A-10 along with co-accused (A-12) collected Rs. 5 lacs from A-97 and handed over the said amount to A-17 at his residence in Juhu.
(ix) Next day, A-10 was instructed over the phone by A-1 to collect Rs. 1 crore from A-97 for him. A-10, with the help of the other co-accused, collected the said amount from A-97 and gave it to A-1.
(x) On A-1’s instructions, on 17th or 18th February, A-10 along with other co-accused, viz., Mohammed Rafiq @ Rafiq Madi Musa Biyariwala (A-
46) picked up Irfan Chougule (AA) from Paramount Hotel and A-29 and his companion from Bandra Reclamation and dropped them at the Airport.
(xi) On 9th March, A-1 directed A-10 to transfer Rs. 25 lacs from Tiger’s account to Irani’s account and also Rs. 10 lacs to Ohalia’s account and the same was done by contacting Choksi (A-97) over the phone.
(xii) In the morning of 10th March, A-10 transferred Rs. 21 lacs from Tiger’s account to Irani’s account by contacting Choksi (A-97) over the phone on the instructions of A-1.
(xiii) On 11th March, A-10, following the instructions of Tiger, picked up 2 VIP bags, 2 rexine shoulder bags and one briefcase from the garage at Tiger’s residence and carried them to Room No. 17 of the Haj Committee House near Crawford Market. Co-accused Parvez (A-12) also accompanied him. The key of the room was given by Tiger Memon.
(xiv) On the instructions of Shafi, A-10 took a new scooter from his residence and left it at the residence of Tiger.
(xv) On 11th March 1993, at about 11 p.m., following the instructions of Tiger, A-10 took two briefcases and went to the residence of Mobina @ Bayamoosa Bhiwandiwala (A-96) in Tiger’s Maruti Van bearing No. MFC- 1972, collected Tiger’s passport and ticket and reached the Airport along with his relative Md. Shoaib Md. Kasam Ghansar (A-9). There, A-9 checked-in his luggage and got the boarding pass issued. The remaining briefcase, passport and ticket were given to Tiger by A-10 on his arrival at the Airport at about 3.45 am. At the time of departure, Tiger instructed A-10 to follow the instructions of Anwar.
(xvi) On returning to Tiger’s residence, A-10 met co-accused Javed Chikna, Shafi, Gani, Parvez, Bashir, Usman and several others. He also saw one new Ambassador Car, one blue coloured Commander Jeep, 2 Maruti-800 cars (one blue and one white), 3 new Bajaj Scooters and 2 old Bajaj Scooters, all of which were parked there laden with black coloured chemical.
(xvii) While returning from the Al-Hussaini building along with A-9 and A-12, A-10 handed over the plastic bags which contained empty boxes of the said chemical to the attending staff of the garbage vehicle at Bandra Reclamation. Then, A-10 collected 3 VIP bags from Tiger’s garage and at that time A-9 and A-12 were also with him. They picked up Anwar from his residence in a vehicle. One more boy, namely, Mushtaq (A-44) also came along with Anwar. Anwar placed aluminium like pencils in the chemical contained in all the 3 bags. On Anwar’s direction, A-10 took the vehicle to Linking road and dropped Mushtaq (A-44), and also dropped Parvez and Anwar on the way with one VIP bag each and reached the Al-Hussaini Building, Mahim around 11:45-12:00 o’ clock at night.
(xviii) At the Al-Hussaini Building, Anwar Theba (AA), A-44 and A-12 joined A-10 within an hour. A-10 saw that Anwar picked up aluminum rod like pencils which were lying on the back seat of the vehicle and inserted them one by one in all the five scooters which were parked there.
(xix) Further, A-10 saw that on the instructions of Anwar Theba (AA), A-15, A-12, A-44 and a boy known to Javed Chikna took out the scooters one by one and left the place.
(xx) A-10 also saw that Anwar had individually briefed all of them about parking the said scooters.
(xxi) A-10 was asked by Anwar whether A-9 could drive a scooter and when he answered in the affirmative, Anwar asked A-10 to direct A-9 to park one scooter near Zaveri Bazaar. Following the said instructions, A-9 left with the fifth scooter.
(xxii) A-10 further noticed that at about 1:45 p.m., Usman arrived with a new red coloured Maruti Van in which two VIP bags were kept by the boys of Javed Chikna. A-10 was given the keys of the said vehicle by Anwar while those of Maruti Van bearing MFC-1972 were given by Anwar to Javed Chikna.
(xxiii) A-10 was directed by Anwar and Javed Chikna to park the said Maruti Van near the Plaza Cinema. On refusal by A-10 as he was scared, he was directed to take A-29 along with him. A-10 and A-29 took the red Maruti Van and parked it in the parking lot of the Plaza Cinema at about 2:15 p.m. (xxiv) After sometime, A-10 heard the sound of a bomb blast while boarding a taxi hired at Dadar T.T. Both A-10 and A-29 arrived at Crawford Market where they both parted ways. After roaming around for 15-20 minutes in the market, he then took a local train from Churchgate and reached home.
Confessional Statement of Shahnawaz Abdul Kadar Qureshi (A-29) Confessional statement of A-29 under Section 15 of TADA has been recorded on 18.05.1993 and 21.05.1993 by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. A brief summary of his confession is reproduced hereunder:
(i) A-29 was a resident of Nargis Dutt Nagar Zhopadpatti, Bandra Reclamation Road, opposite the Telephone Exchange Bandra (W), Bombay.
(ii) A-29 was acquainted with Javed Chikna and Usman of Mahim since the last 3-4 years.
(iii) A-29 participated in the landing of smuggled goods at Shekhadi along with Javed Chikna, Shafi, Riyaz, Munna, Karimulla, Akbar, Anwar, Parvez, Imtiyaz, Yeda Yakoob, Dadabhai and others.
(iv) In the evening of 01.02.1993, Javed Chikna asked A-29 to accompany him to bring the smuggled goods of Tiger Bhai. He along with Javed, Usman, Nasir Dhakla and Shafi left in a blue coloured Commander Jeep. On the way, they met Riyaz along with 3 boys, namely, Munna, Karimulla and Akbar who were in a Maruti Van near a Hotel. Shafi and Munna discussed something and the Maruti Van followed their jeep.
(v) A-29 was acquainted with Tiger, who met there along with Anwar Theba (AA), A-12 and A-15. Tiger arranged for their stay in the hotel.
(vi) A-29 attended a meeting in a hotel on the way to Shekhadi, in which Tiger informed all the persons that he was bringing weapons to take revenge against Hindus.
(vii) A-29 actively participated in the unloading, reloading and opening of packets containing smuggled arms and ammunitions and explosives at the Waghani Tower.
(viii) A-29 travelled in a jeep containing arms etc. from Waghani Tower to Bombay along with Bashir Ahmed Usman Gani Khairulla (A-13) and Akbar.
(ix) A-29, at the instance of Javed, gave his own passport as well as of his friend Abdul Akhtar to Usman.
(x) A-29 reached Dubai along with Irfan Chaugule and Abdul Akhtar. They met Gul Mohammed @ Gullu Noor Mohammed Shaikh (A-77) at the Dubai Airport and were received by Ayub Memon. Anwar, Haji Yakoob, Nasir Dhakla, Bashir Muchhad and Mohd. Rafiq had already reached Dubai and met them at the place of their stay. Tiger Memon also met them there.
(xi) A-29 attended conspiratorial meetings in Dubai with Tiger Memon and others.
(xii) A-29 went to Pakistan from Dubai alongwith Yakub Yeda, Bashir Muchhad, Anwar, Nasir Dhakla, Gul Mohd., Mohammed Rafiq and Irfan Chougule for receiving training in arms and ammunitions. No immigration formalities were observed at the Airport while travelling to Pakistan.
(xiii) A-29 received training in handling of revolver, AK-47, AK-56 rifles, hand grenades and making of bombs with black chemical powder (RDX) and pencil bomb timer devices. The training was given by Pakistani Army Officers for about 10 days. Tiger Memon also attended the said training.
(xiv) After the training, A-29 returned to Dubai along with others without completing any immigration formalities in the same manner.
(xv) In Dubai, at the instance of Tiger Memon, he along with others took an oath by putting their hands on the holy Quran that they would take revenge for the atrocities committed on the community and would indulge in Jehad for Islam and they would not disclose anything about the training to any one and in the event of their arrest they would not disclose anything about others to the police.
(xvi) A-29 returned to Bombay from Dubai along with Nasim, Feroz Abdul Akhtar and Mohd. Rafiq.
(xvii) On the night of 11.03.1993, A-29 went to the flat of Tiger Memon and received Rs. 5,000/- from him. He also noticed that a number of boys were already present there.
(xviii) On 12.03.1993, A-29 was present in the Al-Hussaini building along with Javed Chikna, Bashir Muchhad, Bashir Mahimwala, Usman, Salim Dandekar, Zakir, Abdul Akhtar, Anwar, Shafi and 3-4 unknown boys. In his presence, Usman came there with one bag full of handgrenades. Javed Chikna distributed 3 to 4 hand grenades each to the boys standing there.
(xix) Two VIP suitcases were kept by Anwar in a red Maruti Van. A-29 was told by Anwar that the vehicle was filled with bombs and directed him to go along with A-10 and leave the vehicle at Plaza Cinema. Thereafter, he along with A-10 took the vehicle and reached Plaza Cinema at about 1:45 or 2:00 p.m. The security guards at Plaza Cinema asked something to A-10 and he parked the vehicle in one corner and came out from there, took a taxi and came to Bhendi Bazar side.
(xx) After the bomb blast, A-29 fled to Rampur and was later arrested by police from Indore.
313) From the above, it can easily be inferred that both the accused, viz., A-10 and A-29, apart from implicating themselves in various activities along with other accused persons, corroborate with each other. It is also clear that both the appellants were present at Tiger’s residence and went in a red coloured Maruti Van which was loaded with explosive substances and parked it in the compound of the Plaza Cinema which later exploded killing 10 persons and injuring 36 others.
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
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,