Confessional Statement of the appellant – Mohammed Mushtaq Moosa Tarani (A-44)
288) The prosecution pointed out the involvement of the appellant (A-44) in the conspiratorial acts which is evident from his own confession recorded under Section 15 of TADA on 26.05.1993 and 28.05.1993 at 18.30 hrs by Shri K.L. Bishnoi (PW-193), the then DCP, Zone III, Bombay. The said confessional statement is summarized hereinbelow:
(i) Since 1991, the appellant (A-44) had developed good friendship with Tiger Memon and he knew that Tiger Memon was a notorious ‘goonda’.
(ii) On 05.03.1993, the appellant (A-44), along with his friend Md. Farooq Mohammed Yusuf Pawale (A-16), met Tiger Memon and other co- conspirators at Taj Mahal Hotel where Tiger Memon told them that they have to take revenge for the damage suffered by Muslims during the riots and called for their help.
(iii) Thereafter, the appellant and others, viz., A-16, PW-2, Bashir Ahmed Usman Gani Khairulla (A-13), Javed Chikna agreed to help Tiger Memon. The appellant, along with Tiger Memon and others, went to survey the BMC building and the Stock Exchange building.
(iv) On 06.03.1993, the appellant along with PW-2 and A-13 went to survey the BMC building, BJP and Shiv Sena office and also showed them the entry and exit gates of the said buildings.
(v) On the same day, after surveying the targets, the appellant met A-16 and told him about what transpired during the day and about the plans of Tiger Memon, on which, A-16 told the appellant not to worry and do whatever has been directed by Tiger Memon.
(vi) On 11.03.1993, the appellant reached Al-Hussaini building and on the instructions of Tiger Memon understood his job from Anwar. Thereafter, Anwar instructed the appellant to carry a suitcase filled with RDX to Hotel Centaur, Juhu on 12.03.1993 and plant the same in the reserved room.
(vii) On 12.03.1993, the appellant went to Anwar’s house and thereafter both of them boarded a Maroon coloured car driven by Asgar Yusuf Mukadam (A-10). Anwar took out pencil detonators from his pocket and inserted them in the three suitcases filled with RDX. Thereafter, the appellant was dropped by Anwar on the way and he (A-44) took a taxi and reached Hotel Centaur.
(viii) On reaching the hotel, the appellant kept the bag filled with explosives in Room No. 3078 and came back to the Al-Hussaini building where he informed Anwar that he had planted the bag containing bomb at Hotel Centaur, Juhu in Room No. 3078.
(ix) On Anwar’s instructions, the appellant drove a scooter filled with RDX and parked the same at Zaveri Bazaar.
(x) The appellant, thereafter, met A-16 and informed everything to him on which A-16 told him that he should not worry and nothing would happen as the appellant has done the job for their community and ‘Allah’ would help him.
289) On perusal of the aforesaid confessional statement of the appellant (A-44), the following facts emerge:
(i) The appellant was an old associate of Tiger Memon;
(ii) The appellant was fully aware of Tiger Memon’s character and that he was a ‘goonda’;
(iii) The appellant had participated in the conspiratorial meeting with Tiger and his co-conspirators;
(iv) In the said meeting, the appellant agreed to help the Tiger Memon in the object of the conspiracy; and
(v) Pursuant to the said agreement, the appellant performed several acts, namely, reconnaissance of targets, planting of suitcase laden with RDX and scooter bomb at the targets.
290) The confession of the appellant (A-44) establishes the charges framed against him in the trial. The fact that the appellant (A-44) knowingly committed the overt act of planting the bomb at Hotel Centaur, Juhu, is evident from his own confession. He himself informed Anwar that he had planted the bag containing bomb at Hotel Centaur, Juhu. The appellant (A-
44) was fully conscious of the gravity and diabolic nature of his act which is apparent from his confession wherein he stated that after committing the overt acts he himself informed everything to A-16 who consoled him by saying that ‘Allah’ would help him as he has done all this for his community.
291) Mr. Manish, learned counsel for the appellant (A-44) contended that the above-mentioned confession of the appellant dated 26.05.1993 and 28.05.1993 should not be relied upon since it was sought to be retracted by the appellant on 07.06.1994. In reply, learned senior counsel for the CBI submitted that a voluntary and free confession, even if retracted subsequently, can be relied upon. It is also relevant to point out that the retraction allegedly made by the appellant also fails to pin-point the reason behind failure to make complaint to the authorities or police officers or any other authority including the court regarding his signatures being obtained on blank papers and/or the papers containing some typed material and the reason to effect the said signatures. In this case, the Designated Court rightly relied upon the original confession and discarded the subsequent retraction. Since we have elaborately discussed the admissibility or otherwise of the retraction statements in the earlier part of our judgment, there is no need to refer the same once again.
Confessional Statements of co-accused:
292) Apart from his own confession, the involvement of the appellant has also been disclosed in the confessional statements of the following co- accused. The legality and acceptability of the confessions of the co- accused has been considered by us in the earlier part of our discussion. The said confessions insofar as they refer to the appellant (A-44) are summarized hereinbelow:
Confessional Statement of Md. Shoaib Mohammed Kasam Ghansar (A-9) Confessional statement of A-9 under Section 15 of TADA has been recorded on 19.04.1993 and 22.04.1993 by Shri P.K. Jain, the then DCP, Zone X, Bombay. A brief summary of the statement with reference to the appellant is as follows:-
(i) When A-9 along with Parvez Nazir Ahmed Shaikh (A-12) and Asgar Yusuf Mukadam (A-10) reached the house of Anwar, a boy of fair color with curly hair, wearing coat and pant, also came along with him.
(ii) After Anwar inserted the pencil detonators in the bags, the boy with curly hair was dropped and was asked to go to Hotel Centaur, Juhu and to plant the bag at the designated place and come back.
(iii) At the Al-Hussaini building, first, the boy with curly hair came back and then Anwar came back followed by Parvez (A-12).
(iv) In the afternoon of 12.03.1993, on the instructions of Anwar, A-44 drove the scooter filled with black chemical and parked the same at Zaveri Bazaar.
Confessional Statement of Asgar Yusuf Mukadam (A-10) Confessional statement of A-10 under Section 15 of TADA has been recorded on 20.04.1993 and 23.04.1993 at 18:00 hrs by Shri K.L. Bishnoi (PW-
193), the then DCP, Zone III, Bombay. A brief summary of the confessional statement of A-10 with reference to the appellant (A-44) is as follows:
(i) When A-10 reached the house of Anwar, he came down along with a boy and all of them sat in a car. In the car, Anwar took out pencil detonators from his pocket and inserted the same in the bags. Thereafter, Anwar instructed the boy (whom he referred to as Mushtaq) to get down with the bag and plant the same at the designated place.
(ii) When A-10 reached Al-Hussaini after dropping Anwar and others, the appellant (A-44) also reached there. Thereafter, as instructed by Anwar, A-44 drove a scooter filled with RDX and parked the same at Zaveri Bazaar.
Confessional Statement of Parvez Nazir Ahmed Shaikh (A-12) Confessional statement of A-12 under Section 15 of TADA has been recorded on 18.04.1993 and 20.04.1994 at 06:50 hrs. by Shri P.K. Jain (PW-
189), the then DCP, Zone X, Bombay. A brief summary of the statement with reference to the appellant (A-44) is as follows:
(i) When A-12 along with A-10 and A-9 reached the house of Anwar, they met a person with curly hair whose name was Mushtaq. Mustaq and Anwar sat in a car, and thereafter, Anwar opened the bags and inserted pencil detonators which he was carrying.
(ii) When A-12 reached the Al-Hussaini building after planting the suitcase at Hotel Sea Rock, the appellant (A-44) had also reached there.
Confessional Statement of Imtiyaz Yunus Miyan Ghavate (A-15) Confessional statement of A-15 under Section 15 of TADA has been recorded on 07.05.1993 and 09.05.1993 by Shri K.L. Bishnoi, (PW-193), the then DCP, Zone III, Bombay. A brief summary of the said statement with reference to the appellant is as follows:
(i) When A-15 reached the residence of Anwar, the appellant had also come there. He had curly hair and fair complexion and was wearing a black coloured coat.
(ii) A-10 came there in a maroon coloured Maruti Van and the appellant along with Anwar and others sat in the van and left the place.
(iii) When the appellant came to the Al-Hussaini Building, he was holding his coat in his hand. Thereafter, Anwar instructed him to plant the scooter filled with RDX.
293) A perusal of the confessional statements of all the above accused, viz., A-9, A-10 A-12 and A-15 clearly establish the fact that it corroborates the confessional statement of the appellant (A-44). The above- said confessions of the co-accused further establish the following facts:-
(i) The appellant (A-44) was seen in the company of the Anwar (AA);
(ii) The appellant went along with Anwar (AA) and Asgar Yusuf Mukadam (A-
10) in a Maruti Van.
(iii) The appellant witnessed the insertion of pencil detonators in the suitcases filled with RDX;
(iv) The appellant planted the suitcase filled with RDX in Hotel Centaur Juhu;
(v) The appellant returned to the Al-Hussaini building and reported the successful planting of the suitcase bomb to Anwar; and
(vi) On the instructions of Anwar (AA), the appellant proceeded to park the scooter filled with RDX at Zaveri Bazaar.
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, Uttam,