Appeal

Criminal Appeal No. 897 of 2008 Parvez Nazir Ahmed Shaikh (A-12) …..Appellant(s) versus The State of Maharashtra Thr. CBI-STF, Mumbai

14. League of Nations Convention (1937): “All criminal acts directed against a State along with intended or calculated to create

Injured Witnesses: 423) It was pointed out that around 50 people suffered injuries due to the explosion which took place

Evidence of Shri P K. Jain (PW-189) 195) He joined Maharashtra Police in January 1983 as an Assistant Superintendent of

Confessional Statements of co-accused: Confessional Statement of Zakir Hussain Noor Mohd. Shaikh (A-32) 314) Confessional statement of A-32 under Section

Grant of Pardon under Section 306 of the Code to Mohammed Usman Ahmed Zan Khan/(PW-2) / Approver 185) It was

Charges: 308) A common charge of conspiracy was framed against all the co- conspirators including the appellants (A-10 and A-29).

TERRORISM: 433) The term “terrorism” is a concept that is commonly and widely used in everyday parlance and is derived

Observations made in para 23 are also noteworthy: “23. In view of the settled legal position, it is not possible

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

Evidence: 405) The evidence against the appellant (A-16) is in the form of:- (i) his own confession; (ii) confessions made

Appointment of Special Executive Magistrates 209) It was further contended that Special Executive Magistrates are not trained Magistrates and they

Deposition of Badrinath Bishansingh Sharma (PW-29) (i) PW-29 is a hawker at Zaveri Bazaar. He is an eye-witness to the

Recoveries: 215) Mr. Jaspal Singh, learned senior counsel for A-1 submitted that based on the statement of Mohd. Hanif (PW-282)

Evidence with regard to purchase of scooter: 348) The prosecution pointed out that the scooter which was planted by the

Mitigating Circumstances: 504) Mr. Jaspal Singh, learned senior counsel submitted the following as the mitigating circumstances to reduce the severity

Final Analysis relating to A-1 241) From the total appreciation of the evidence as produced by the prosecution in support

Conspiracy 357) As mentioned above, a common charge of conspiracy was framed against all the accused persons and in order

Charges: 253) The following common charge of conspiracy was framed against all the co-conspirators including the appellants herein. The relevant