93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 029

Evidence with regard to purchase of scooter:

348) The prosecution pointed out that the scooter which was planted by the appellant (A-9) along with two other scooters, was purchased by Munaf Halari (AA), who was a close friend of Tiger Memon. The said purchase was done in the following manner:

(i) Munaf Halari approached Abdul Sattar (PW-82) for the purchase of these scooters under an assumed name.

(ii) PW-82 took Munaf Halari to Govind Baria (PW-452) and PW-452 in-turn directed them to Asgar Ali Masalewala (PW-299).

(iii) Munaf Halari paid an amount of Rs. 70,000/- in cash to PW-299 and took the delivery of two Bajaj scooters on 10.03.1993, and the 3rd scooter was delivered to Munaf Halari on the following day.

(iv) PW-299 is a sub-agent of PW-298 who in-turn had purchased the scooters from M/s. Mohan Automobiles as deposed by Shriram Jitram Vasan (PW-81).

(v) PW-81 stated that he purchased the scooter from Ajit Vanjari (PW-651) of M/s. Vasan Automobiles.

Deposition of Sayeed Abdul Sattar (PW-82)

PW-82, who was an employee of Munaf Halari (AA), stated that two new scooters were purchased on 11.03.1993 from the garage of PW-299 in Chor Bazar, Bombay and one of them was of blue color. The delivery of the third scooter was given on the next day. He identified two out of the three scooters purchased, in court.

Deposition of Govind Bechan Baria (PW-452)

(i) PW-452 worked at a petrol pump where Munaf Halari used to park his vehicle and that is how he knew Munaf Halari.

(ii) PW-452 deposed that Munaf Halari, along with two other persons, approached him to purchase new scooters on 10.03.1993 and that the witness referred them to Asgar Ali Masalewala (PW-299).

Deposition of Asgar Ali Tahir Ali Masalewala (PW-299)

(i) PW 299 carried on the business of sale/purchase of scooters.

(ii) On 10.03.1993, Akhtar came to PW-299 with a request to purchase scooters. PW-299 obtained the delivery of scooters from a dealer, viz., Nisha Sales and gave the scooters to Akhtar and his two companions.

(iii) The request for purchase of a third scooter was made on 10.03.1993.

On 11.03.1993, he obtained the third scooter from the abovesaid dealer and passed it on to Akhtar and his two companions.

Deposition of Shriram Jitram Vasan (PW-81)

(i) PW-81 is a scooter sub-dealer (he used to purchase scooters from Vasan Auto and sell the same to customers) and prepares scooter purchase challans in the name of Mohan Auto.

(ii) PW-81 sold 22 scooters to Nisha Sales in early days of 1993 three of which were of stone, blue and cosmic colour respectively.

(iii) PW-81 identified the remaining two of the three scooters sold to Nisha Sales in Court.

Deposition of Ajit Vitthalrao Vanjari (PW-651)

(i) PW-651 was an employee at Vasan Auto.

(ii) He recognized the challans issued in respect of purchase of Bajaj Scooters for delivery to M/s Mohan Auto in 1993.

The prosecution pointed out that the above depositions and the documents clearly establish the chain of purchase of scooters used in the blasts on 12.03.1993.

Investigation, Recoveries and FSL Reports:

349) The place of incident, i.e., where the blast took place at Zaveri Bazaar was inspected by Narayan Yedu Rajguru (PW-554) vide panchnama Exh. 1908. The panchnama described the effect of the explosion and vide this panchnama debris and other articles were seized by the I.O. from the place of occurrence. PW-554 also took samples from the place of occurrence in the presence of FSL Experts vide panchnama Exhibit 1909.

Deposition of Narayan Yedu Rajguru (PW-554)

In his deposition dated 29.12.1999, he deposed that:

(i) He reached the site within 15 minutes of the blast.

(ii) He prepared a panchnama Exh.1908 in the presence of panch witnesses and seized the articles/blast debris etc.

iii) He also proved this panchnama in court.

(iv) He deposed that the Forensic expert had also collected the samples from the blast site on 13.03.1993 and a panchnama (Exh. 1909) was prepared in the presence of panch witnesses.

(v) The panchnama was proved by the witness.

(vi) The said panchnama records the burnt scooter at the blast site. The seized articles were sent to the FSL for examination vide Exh. Nos. 1910 and 1911. The FSL Reports pertaining to the examination of these samples are Exh. Nos. 1883, 1884 and 1885 which show the presence of residual high explosive RDX in the samples forwarded for examination.

Evidence with regard to Injured Victims and the Relatives of the Deceased:

350) Nisar Ahmed Kankarbhai Shaikh (PW-550) has proved the deaths and injuries caused to various persons due to the said explosion. The following injured witnesses have also deposed regarding the injuries received by them on account of explosion at Zaveri Bazaar:

(i) Ramchandra Raghunath Deshmukh (PW-394) was injured by a glass splinter that hit him on his back, tearing his shirt and causing a wound.

(ii) Shivari B Garg (PW-424) was also injured by 15 to 20 glass splinters which struck him with great force causing multiple bleeding injuries near his left eye, left side of forehead, left hand and chest.

(iii) Arjun Padurang Devde (PW-578) received injuries on the left side of his waist. He had to remain in the hospital for 8-9 days as the injuries were sustained due to some foreign particles which had pierced into his waist. It is pertinent to mention that metallic pieces (Article 485) were extracted from his body which were seized by Ashok Ganpat Dabhade (PW-558) vide panchnama Exhibit 1925.

The following doctors have proved the injury certificates (Exh. Nos. 2364 and 2355) with regard to PWs-394 and 424:

(i) Dr. Durgaprasad Mahavir Vyas (PW-634) and;

(ii) Dr. Vijaykumar Purshotam Ved (PW-637).

The following witnesses have proved the ADR/Inquest panchnamas in respect of the victims who died in the explosion:

(i) Sudhir Prabhakar Aspat (PW-569) and;

(ii) Feroz Rajahamed Patel (PW-576) and PW-558.

The following witnesses have proved the death of their relatives in the explosion:

(i) Vinayak Dattatray Chavan (PW-395) deposed with regard to the death of his sister, brother-in-law and nephew, who died due to injuries sustained in the blast that took place at Zaveri Bazaar on 12.03.1993 and;

(ii) Radheshyam Mangalchand Poddar (PW-396) deposed about the death of his son due to the blast that took place at Zaveri Bazaar. The prosecution has also established the damage caused to various properties due to the bomb blast at Zaveri Bazaar from the panchnama Exh. No. 1908 as also by the deposition of PW-554. It also stands established that the damage was due to the explosion caused with the help of RDX explosives.

351) In view of the above said confessional statement of the appellant (A-

9), the confessional statements of other co-accused persons as also the eye- witnesses PWs-29 and 36, along with other witnesses duly examined by the prosecution, the contentions raised by learned counsel for the appellant regarding his participation in the conspiracy, landing, conspiratorial meetings as well as the filling of RDX during the intervening night, are meritless as the charges framed against the appellant (A-9) have been duly proved.

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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