93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 039
Deposition of Padmakar Bhosale (PW-43)
395) PW-43 is a hawker near Gandhi Market. He deposed that:
i) The appellant made a voluntary statement that he was in possession of the licence and the revolver of the Tiger Memon which he has kept in a black coloured pouch in a house.
ii) The appellant led the police party and the panchas to Railway Quarters, Andheri.
iii) The appellant took them behind his house and took out a black coloured pouch from the cavity of a fallen tree which contained a revolver loaded with six rounds and five loose rounds were also found, out of which, three were similar in number and two had different numbers inscribed on it.
iv) The police party seized the same and a panchnama was drawn by PW-
506. Deposition of Anil Prabhakar Mahabole (PW-506)
PW-506 was posted at Matunga Police Station as API. He deposed as under:
i) The appellant expressed his willingness to make a voluntary statement.
ii) He called for two panchas.
iii) He recorded the statement of the appellant (A-12) by drawing the panchnama.
iv) The appellant (A-12) led the police party and the panchas to Railway quarters.
v) The appellant (A-12) then took the police party behind his house and from the cavity of a fallen tree pulled out a pouch.
vi) The said pouch contained one old cobra brand loaded revolver and five loose live cartridges.
396) It is contended by the counsel for the appellant (A-12) that there is no eye-witness to the incident of filling of RDX and as such the said incident has not been proved by the prosecution. It is clear from the confession of the appellant (A-12) and the confessions of other co-accused that the work of filling of RDX in vehicles and suitcases was carried out in the garage of the Al-Hussaini Building. We are also satisfied that sufficient evidence is available on record to substantiate the fact that the appellant (A-12) participated in filling RDX in vehicles in the night intervening 11th/12th March, 1993.
397) It is contended on behalf of the appellant that PW-8 saw a person parking the said scooter at Katha Bazaar from the window of his office which is at a distance of about 15-20 meters from the road and therefore, his statement should not be relied upon. It is further contended on behalf of the appellant (A-12) that the doctor who treated PW-8 of the injuries sustained by him in the blast has not been examined by the prosecution to corroborate the evidence of PW-8. The said contentions are also liable to be rejected since the scooter of PW-8’s employer was parked close to the scooter parked by the appellant (A-12). It is normal human behaviour to look out for one’s own vehicle or employer’s vehicle and accordingly, PW-8 was attentive and had a clear sight of the scooter. Thus, there was no difficulty in seeing the appellant parking the scooter which later exploded. Further, PW-8 has correctly identified the appellant (A-12) before the Court during the dock proceedings and also in the Test Identification Parade. In addition to the same, it is relevant to mention that PW-8 has been extensively cross-examined by the defence on the point that he was injured and he took treatment at Dr. Shah’s Clinic and he withstood the cross-examination without being shaken. Therefore, the credibility of the evidence of PW-8 is not affected whatsoever.
398) It is contended on behalf of the appellant (A-12) that PW-530 had not obtained the signatures of panch witnesses upon the licence and/or that he had not recorded the Registration number of the vehicle in the Station Diary and that the panch witness was not a local panch witness and was from a place more than 100 kms. away. This submission is also liable to be rejected since PW-530 clearly explained the circumstances in which he had taken the said panch for the panchnama, i.e., the persons who were fetched by staff from Crawford Market. PW-530 in his deposition stated that the driving licence being a plastic card, he could not obtain the signatures on the same and the details of the driving licence having already been mentioned in the panchnama, he had not pasted the label of the signature of panch witness upon the same and that he had mentioned in the Station Diary the purpose of his visit and the persons accompanying him.
399) Finally, it is contended on behalf of the appellant (A-12) that the testimony of PW-28 should be disregarded since he failed to identify the appellant (A-12) before the Court. This contention of learned counsel is also liable to be rejected since PW-28 had correctly identified the appellant (A-12) during the test identification parade dated 07.05.1993 and he failed to identify him before the Court possibly because his testimony was recorded after about 2 years and 9 months, i.e. on 21.12.1995.
400) In view of the above said confessional statement of the appellant (A-12), the confessional statements of other co-accused persons, as also the eye-witnesses along with other witnesses duly examined by the prosecution and recoveries made, the charges framed against the appellant have been duly proved.
Criminal Appeal Nos. 941-942 of 2008
Mohammed Farooq Mohammed Yusuf
Pawale (A-16) ……..Appellant(s)
versus
The State of Maharashtra
thr. CBI-STF, Bombay ……..Respondent(s)
401) Ms. Farhana Shah, learned counsel appeared for the appellant and Mr. Gopal Subramanium, learned senior counsel, duly assisted by Mr. Mukul Gupta, learned senior counsel and Mr. Satyakam, learned counsel for the respondent.
402) The present appeals are directed against the final judgment and order of conviction and sentence dated 09.10.2006 and 25.07.2007 respectively, whereby the appellant has been convicted and sentenced to death by the Designated Judge in the Bombay Bomb Blast Case, Greater Bombay in BBC No. 1/1993.
Charges:
403) A common charge of conspiracy was framed against all the co- conspirators including the appellant (A-16). The relevant portion of the same 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, A-16 was also charged on other counts which are summarized as follows:
At head secondly; He committed an offence punishable under Section 3(3) of TADA by committing the following overt acts.
(a) He participated in the landing and transportation of arms, ammunitions and explosives which were smuggled into India at Shekhadi in February, 1993.
(b) He visited Pakistan via Dubai for receiving training in handling of arms, ammunitions and explosives from the agents of ISI to commit terrorist acts in India.
(c) He attended the conspiratorial meetings during the month of March 1993 at the residence of Babloo @ Nazir Anwar Shaikh and Mobina @ Baya Musa Bhinwandiwala for making plans to commit terrorist act.
(d) He participated along with co-conspirators in loading the explosives like RDX fitted with time device detonators in various vehicles and in the preparation of vehicle bombs in the intervening night of 11/12 March, 1993.
(e) He surveyed and conducted reconaissence of the Stock Exchange Building and Air India Building on 10.03.1993 for causing explosions there at the instructions of Tiger Memon.
At head thirdly; He, along with PW-2 drove explosive laden Maruti Car No. MH-03-A-2143 and parked the same at Lucky Petrol Pump near Shiv Sena Bhavan, Dadar, Bombay which exploded and caused death to four persons and injury to 50 persons and causing loss of property worth Rs. 21,20,600/- and thereby committed an offence punishable under Section 3(2)(i)(ii) of TADA.
At head fourthly; The appellant (A-16), by causing the aforesaid explosion which resulted in the death of 4 persons, committed an offence punishable under Section 302 IPC.
At head fifthly; The appellant (A-16), by causing the aforesaid explosion which resulted in the injury to 50 persons, committed an offence punishable under Section 307 I.P.C At head sixthly; The appellant (A-16), by causing the aforesaid explosion, which resulted in grievous hurt to 10 persons, committed an offence punishable under Section 326 IPC.
At head seventhly; The appellant (A-16), by causing the aforesaid explosion, which resulted into injury to 40 persons committed an offence punishable under Section 324 IPC.
At head eighthly; The appellant (A-16), by causing the aforesaid explosion which resulted into damage to properties worth Rs. 22 lakhs, committed an offence punishable under Section 435 IPC.
At head ninthly; The appellant (A-16), by causing the aforesaid explosion, committed an offence punishable under Section 436 IPC.
At head tenthly; The appellant (A-16), by causing the aforesaid explosion, which resulted into death, injury and damage to property as mentioned has committed an offence punishable under Section 3 of the Explosive Substances Act, 1908.
At head eleventhly; The appellant (A-16), by causing the aforesaid explosion and possessing RDX explosives in the said car committed an offence punishable under Section 4(a)(b) of the Explosive Substances Act, 1908.
At head twelfthly; The appellant (A-16), by possessing RDX without licence committed an offence punishable under Section 9B(1)(b) of the Explosives Act, 1884.
At head thirteenthly; The appellant (A-16), along with co-conspirators drove explosive laden Ambassador Car No. MH-20-TR-622 fitted with detonators and parked the said vehicle at the Tunnel Road, Air India building in front of the rear gate of Bank of Oman Limited at Air India Building which exploded and caused death to 20 persons and injured 84 persons and loss of properties to the tune of Rs. 2.15 crores and thereby committed an offence punishable under Section 3(2)(i)(ii) of TADA.
At head fourteenthly; The appellant (A-16), by causing the aforesaid explosion at Air India Building which resulted in death, committed an offence punishable under Section 302 IPC.
At head fifteenthly; The appellant (A-16), by causing the aforesaid explosion which resulted in the injury of 84 persons committed an offence punishable under Section 307 IPC.
At head sixteenthly; The appellant (A-16), by causing the aforesaid explosion which resulted in the grievous injury to 36 persons committed an offence punishable under Section 326 IPC.
At head seventeenthly; The appellant (A-16), by causing the aforesaid explosion which resulted in the injury of 49 persons committed an offence punishable under Section 324 IPC.
At head eighteenthly; The appellant (A-16), by causing the aforesaid explosion which resulted in the damage of property committed offence punishable under Section 435 IPC.
At head nineteenthly; The appellant (A-16), by causing the aforesaid explosion committed an offence punishable under Section 436 IPC.
At head twentiethly; The appellant (A-16), by causing the aforesaid explosion which resulted in the death, injury and damage to the property as mentioned above has committed an offence punishable under Section 3 of the Explosive Substances Act, 1908.
At head twenty-firstly; The appellant (A-16), by causing the aforesaid explosion committed an offence punishable under Section 4(a)(b) of the Explosive Substances Act, 1908.
At head twenty-secondly; The appellant (A-16), by possessing the RDX explosives in the above mentioned vehicle without licence, committed an offence punishable under Section 9B(1)(b) of the Explosives Act, 1884.
At head twenty-thirdly; The appellant (A-16), by causing the aforesaid explosion which resulted in the damage of public property i.e., Air India Building committed an offence punishable under Section 4 of the Preventive Damage to Public Property Act, 1984.
404) The Designated Court found the appellant guilty on all the aforesaid charges after considering the evidence brought on record by the prosecution. The appellant has been convicted and sentenced for the above said charges as follows:
Conviction and Sentence:
(i) The appellant has been convicted and 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 appellant was ordered to pay a fine of Rs. 25, 000/-. (charge firstly)
(ii) The appellant was found guilty for the offence punishable under Section 3(3) of TADA and sentenced to suffer RI for 12 years and is ordered to pay a fine of Rs.25,000/-, in default, he was ordered to suffer further RI for a period of 1 year. (charge secondly)
(iii) The appellant was sentenced to death, subject to confirmation of the same by this Court, for the offence punishable under Section 3(2)(i) of TADA and Section 302 of IPC respectively, and is also ordered to pay a fine of Rs.25,000/-. (charges thirdly & fourthly)
(iv) The appellant has been sentenced to RI for life for the offence punishable under Section 307 IPC. (charge fifthly)
(v) The appellant has been sentenced to suffer RI for 10 years along with a fine of Rs. 25,000/- for the offence punishable under Section 326 IPC. (charge sixthly)
(vi) The appellant has been sentenced to suffer RI for 3 years along with a fine of Rs. 10,000/- for the offence punishable under Section 324 IPC. (charge seventhly)
(vii) The appellant has been sentenced to suffer RI for 7 years and 10 years for the offence punishable under Sections 435 and 436 IPC respectively along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charges eighthly & ninthly)
(viii) The appellant has been sentenced to suffer RI for 10 years along with a fine of Rs. 5,000/-, in default, to further undergo RI for 6 months for the offence punishable under Section 3 of the Explosive Substances Act, 1908. (charge tenthly)
(ix) The appellant has been sentenced to suffer RI for 7 years along with a fine of Rs. 5,000/-, 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)
(x) The appellant has been sentenced to suffer RI for 1 year for the offence punishable under Section 9-B(1)(b) of the Explosives Act, 1884. (charge twelfthly)
(xi) The appellant has been sentenced to death along with a fine of Rs. 25,000/, in default, to further undergo RI for 3 years for the offence punishable under Section 3(2)(i) of TADA. (charge thirteenthly)
(xii) The appellant has been sentenced to death, subject to confirmation of the same by this Court, along with a fine of Rs. 25,000/- for the offence punishable under Section 302 IPC. (charge fourteenthly)
(xiii) The appellant has been sentenced to RI for life for the offence punishable under Section 307 IPC. (charge fifteenthly)
(xiv) The appellant has been sentenced to suffer RI for 10 years along with a fine of Rs. 25,000/- for the offence punishable under Section 326 IPC. (charge sixteenthly)
(xv) The appellant has been sentenced to suffer RI for 3 years along with a fine of Rs. 10,000/- for the offence punishable under Section 324 IPC. (charge seventeenthly) (xvi) The appellant has been sentenced to suffer RI for 7 years and 10 years for the offence punishable under Sections 435 and 436 of IPC respectively along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charges eighteenthly & nineteenthly) (xvii) The appellant has been sentenced to suffer RI for 10 years along with a fine of Rs. 5,000/-, in default, to further undergo RI for 1 year under Section 3 of the Explosive Substances Act, 1908. (charge twentiethly) (xviii) The appellant has been sentenced to suffer RI for 7 years along with a fine of Rs. 5,000/-, in default, to further undergo RI for 1 year for the offence punishable under Section 4(b) of the Explosive Substances Act, 1908. (charge twenty-firstly) (xix) The appellant has been sentenced to suffer RI for 1 year for the offence punishable under Section 9-B(1)(b) of the Explosives Act, 1884. (charge twenty-secondly) (xx) The appellant has been sentenced to suffer 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 Section 4 of Prevention of Damage to Public Property Act, 1984. (charge twenty-thirdly).
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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