93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 019

Investigation, Recoveries and FSL Report:

267) On 12.03.1993, Shantaram Gangaram Hire (PW-562), Police Officer, visited the blast site i.e., Fishermen’s colony at Mahim and prepared spot panchnama (Exh. 1942) in the presence of panch witnesses Dayaram Timbak Akare and Mahendra Sadanand Mehre. PW 562, in the presence of Tamore (PW-330) and experts collected the articles from the blast site vide Panchnama Exh. No. 1221 which were sent to the Forensic Science Laboratory (“FSL”) for opinion. The FSL Report Exh. 1943 proved remnants to be explosives and part of hand grenades.

Evidence with regard to injured victims and deceased:

268) It is seen from the records that in July, 1993, Achyut Shamrao Pawal (PW-542), Police Inspector, collected the injury certificates of the following injured persons, namely, Mr. Gurudutt Agaskar, Ms. Rajashri Agaskar and Ms. Sheetal Kenihas from Bhaba Hospital which amply prove that they sustained injuries during the blast. Injured Shashikant Shetty (PW-

13) and Sheetal Keni (PW-412) also proved to have sustained injuries during the blast. Dr. Wadekar (PW-641) and Dr. Krishna Kumar (PW-640) were the doctors who have proved the injury certificates issued to PW-13 and Sheetal Keni (PW-412) which are Exh. Nos. 2374 and 2372 respectively.

269) Gajanan Tare (PW-413) (husband of the deceased Gulab Tare) and Karande (PW-414) (nephew of the deceased Hira Dhondu Sawant) claimants of two bodies, have proved the death of Mrs. Gulab Tare (wife of PW-413) and Smt. Hira Dhondu Sawant (PW 414’s aunt) in the said incident. Dr. Pujari (PW-482) and Gangadhar Uppe (PW-480) have established the cause of death to be the injuries received on 12.03.1993. Achyut Shamrao Pawal (PW-542) also proved the death of 3 persons at Fishermen’s Colony in the said incident. Vehicle used for committing the act:

270) The prosecution has brought to our notice that the vehicle used by the appellants for traveling to Fishermen’s Colony was purchased by Shafi (AA) which has been proved through the following witnesses:

Deposition of Kailash Govind Rao Baheti (PW 342)

He deposed as follows:-

“On 18.01.1993 I had received a telephone call given by Shakil Hasham from Bombay. Shakil requested me to book one red coloured Maruti Van in the name of Asif Darvesh resident of M.G. Road, Indore and another new Maruti Van of blue colour in the name of Shri Kasam Ahmed residing at Indira Nagar, Ujjain. He also requested me to register both the Maruti Van at Indore and send the same to Bombay. He also told me that the payments of the same would be made at Bombay to the driver. I quoted a price of Rs.1,69,000/- per vehicle inclusive of registration and transport charges. I was having red coloured Maruti Van brought by me from M/s Bhatia & Company, Gurgaon, Haryana and blue coloured Maruti Van brought from Vipul Motors, Faridabad, Haryana, in my stock. I had brought both the said vehicles by making advance payment. After receipt of booking from Shakil Hasham for red and blue coloured brand new Maruti Vans, I informed the details of the purchasers to M/s Bhatia Company and M/s Vipul Motors. After receipt of the said letters and bills from both the said companies in the name of purchasers who wanted red and blue Maruti Vans I sent papers of both the Vans for registration to RTO. The blue coloured Maruti Van was registered in the name of Kasam Ahmed at Ujjain RTO. The blue coloured Maruti Van could not be registered at Indore due to lack of E- Form necessary for registration. Thereafter, I sent both the said Vans to Bombay to Shakil Hasham. Shakil Hasham received the delivery and paid Rs.3,38,000/- to my drivers. My drivers gave the said amount to me. I made the necessary entries in my office record for sending the said Vans to Bombay to Shakil Hasham after purchasing the same for the parties told by him. The RTO Authority at Ujjain had given registration Number MP-13-D-0385 to “blue coloured Maruti Van. Today I am not remembering the engine number and chassis number of the said Maruti Van.”” Depostion of Shakeel Suleman Hasham (PW-366) He deposed that he had asked PW-342 to arrange for two Maruti Vans (red and blue) in February, 1993. Both the vans were purchased in Madhya Pradesh and the blue Maruti Van was registered in Ujjain with the registration number MP-13-D-0385. It is submitted that this number and the said blue Maruti Van has been identified by PWs-5, 6 and 13 in their depositions as the vehicle which was involved in the said incident at Fishermen’s Colony. PW 366 further deposed:

“In the same month (February, 1993) I had also arranged for one blue coloured and another red coloured Maruti Vans also registered at Madhya Pradesh for Suleman Lakdawala. The said vehicles were registered at Madhya Pradesh, Indore, in the name of the purchasers given to me by Suleman Lakdawala. I had given the work of registration to one Kailash Baheti of Indore. Both the said vans were insured by Insurance Agent Rakesh Tiwari before giving the same to Suleman Lakdawala. Both the said vehicles had arrived from Indore. I had sent the same to the petrol pump of Suleman and asked him to take the delivery from the said drivers who had brought the delivery of the said vehicles. Accordingly, he took the delivery by making payment to the drivers.” The said vehicles were insured through Vijay A. Tamore (PW-338).

Evidence of travel to Dubai for training in Pakistan:

271) The Immigration Officer, Asmita Ashish Bhosale (PW-215) proved the Embarkation card (‘X’-314’) that was submitted at the Sahar Airport on 11.02.1993 by A-32 who was flying to Dubai. The Immigration Officer, Vishambhar Yadavrao Mitke (PW-212) proved the Disembarkation card given by A-32 at the time of arrival in Bombay from Dubai on 03.03.1993. The depositions of PWs-215 and 212 establish that A-32 left India on 11.02.1993 for Dubai and returned on 03.03.1993. These depositions further corroborate the confessional statement of A-32 wherein he admitted to flying to Dubai on 11.02.1993 and returned on 03.03.1993.

272) The Immigration Officer, Chandrakant Gangaram Sawant (PW-244) proved the Disembarkation card given to him by A-39 while flying to Dubai from Bombay on 08.02.1993. It is submitted that the deposition of PW-244 corroborates the confessional statement of A-39 wherein he stated that he left for Dubai on 08.02.1993 from Bombay.

273) The Immigration Officer, Ajay Krishnaji Lonaare (PW-209) proved the Disembarkation card (‘X-306’) submitted by A-36 at the time of his arrival from Dubai to Bombay on 03.03.1993. This deposition further corroborates the confessional statement of A-36 wherein he stated that he returned from Dubai on 03.03.1993.

274) The evidence on record, particularly, as discussed above, sufficiently establish that each of the appellants, namely, A-32, A-36 and A-39 were actively involved in the conspiracy of causing blasts in Bombay in the following manner:

(i) The appellants attended conspiratorial meeting at Dubai on 01.03.1993 where they took oath on holy Quran to keep their training in Pakistan a secret.

(ii) On 08.03.1993, the appellants (A-32 and A-39) attended conspiratorial meeting at Babloo’s residence.

(iii) On 10.03.1993, the appellant (A-32) attended conspiratorial meeting at Mobina’s residence.

(iv) On 11/12.03.1993, the appellants (A-36 and A-39) attended conspiratorial meeting at the Al-Hussaini building.

(v) The appellants received weapons training in Pakistan;

(vi) On 11/12.03.1993, the appellants participated in filling of RDX in vehicles at the Al-Hussaini building and;

(vii) On 12.03.1993, the appellants threw hand grenades towards the Fishermen’s colony which resulted in death of 3 persons and injuring 6 others.

275) It is contended by Mr. Manish that the appellant (A-32) was working as a floor mechanic prior to 1992 December riots, and since then he was jobless and was lured to go to Dubai as it attracts a large number of Indian mechanics, plumbers, electricians, etc. and he willingly went to Dubai not knowing that he was to attend a training camp in Pakistan. It is further contended that he was forced to go to Pakistan since his passport was taken from him in Dubai, and accordingly, he had no choice but to follow the instructions. He thus did not willingly participated in the conspiracy but was forced to carry out conspiratorial acts.

276) As against this argument, learned senior counsel for the CBI pointed out that this line of defence has never been urged by the appellant before the trial Court. It is further pointed out that had there been any compulsion, the appellant could have opted out of the conspiracy upon his return from Dubai, which he did not do. Further, on a holistic reading of the entire body of evidence, it is clear that from the very beginning, the appellants have willingly participated in the successful execution of the object of conspiracy. The argument of coercion is a belated argument and necessarily a product of afterthought. It is further contended on behalf of the appellant (A-32) that the reasons for his involvement in the conspiracy were (i) money, (ii) provocation, and (iii) riots. It is further contended that there is no record anywhere that someone will take care of the family of the appellant (A-32) after the blasts. In such a situation, appellant would not have willingly participated in such a conspiracy without having thought about his family. In reply, learned senior counsel for the CBI contended that he was fully conscious of the conspiratorial acts and willingly participated in the conspiracy. The loss, if any, suffered by the appellant during the riots does not justify his terrorist act of killing innocent people. The fact that appellant (A-32) was fully conscious of his acts is further established from his conduct subsequent to the incident, wherein he traveled to Karnataka immediately after the blasts in order to evade arrest.

277) The fact that appellant (A-32) was actively involved in the conspiratorial acts is clear from his own confession wherein he has stated that after their return to Dubai from Pakistan, he along with other co- conspirators took oath on holy Quran that they will take revenge for the Bombay riots and will not disclose the training in Pakistan to anyone.

278) All the aforesaid acts clearly establish the fact that the appellants knowingly and willingly participated in the conspiratorial acts and were fully aware and conscious of the fact that they were participating in a conspiracy with a grave design.

279) It is further contended by the counsel for the appellants that the Al- Hussaini building is located in a densely populated area within a few hundred meters of Mahim Police Station and it is strange that neither the statement of the security guard was recorded nor any of the neighbours saw anyone filling RDX in vehicles in the intervening night between 11/12.03.1993. Therefore, learned counsel for the appellants vehemently contended that the prosecution story is fabricated and no reliance can be placed on it. But it is amply clear from the materials on record, the confessional statements of the appellants and other co-accused, deposition of prosecution witnesses and the testimony of the Approver (PW-2) that RDX was filled in vehicles which were parked in the garages at Al-Hussaini building. The aforesaid acts were the result of a conspiracy and were carried out in a covert manner in the night at the Al Hussaini Building.

280) It is further contended by the appellant (A-32) that there are material inconsistencies between his confession and that of A-39 that A-32 went to Mahim on 12.03.1993 in a blue Maruti car while A-39 stated that he went in a white Maruti car to Mahim. In our considered view, these are minor inconsistencies which do not go to the root of the matter since both the abovesaid accused have admitted to have gone to Mahim on the fateful day in a Maruti car.

281) It is further contended by the counsel for the appellants that PW-5 is not an independent witness but is an interested witness since his brother-in-law and sister-in-law sustained injuries in the blast at Mahim. In the light of the materials placed, we hold that the testimony of PW-5 is convincing and even the credibility of the witness has not been shaken in the cross-examination. The testimony of Laxman Patil (PW-5) is further corroborated by the testimony of Santosh Patil (PW-6). A perusal of all the above materials clearly shows that the prosecution has established all the charges and the Designated Court rightly convicted them for the same.

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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