93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 030

Criminal Appeal Nos. 864-865 of 2008

Abdul Gani Ismail Turk (A-11) … Appellant(s)

versus

The State of Maharashtra

Through STF, CBI Bombay… Respondent

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352) 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.

353) These appeals have been filed against the final judgment and order of conviction and sentence dated 19.09.2006 and 18.07.2007 respectively, whereby the appellant has been convicted and sentenced to death by the Designated Court under TADA Bombay Bomb Blast Case, Greater Bombay in BBC No. 1/ 1993.

Charges:

354) A common charge of conspiracy was framed against all the co- conspirators including the appellant (A-11). The relevant portion of the charge 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 abovesaid principal charge of conspiracy, the appellant was also charged on other counts which are summarized as under:

At head Secondly:- The accused committed an offence punishable under Section 3 (3) of TADA (P) Act 1987 by committing the following overt acts:

(a) He participated in the landing of arms and explosives at Shekhadi in February 1993.

(b) He attended meetings at the house of Babloo and Mobina to make plans for committing terriorist acts.

(c) He received training in handling of arms, explosives at village Sandheri and Borghat.

(d) He participated in preparation of vehicle bombs in the night of 11th/12th March 1993.

At head Thirdly:- He planted the explosive laden Jeep No. MP-09-S- 0070 in front of Udipi Hotel in Century Bazar, Worli on 12.3.1993, which exploded causing death of 88 persons, injuries to 159 persons and loss of properties worth Rs. 2.41 crores and, thereby, committed an offence punishable under Section 3(2)(i)(ii) of TADA.

At head Fourthly:- By causing the above mentioned explosion which resulted into death of 88 persons, he committed an offence punishable under Section 302 IPC.

At head Fifthly:- By causing the above mentioned explosion which resulted into injuries to 159 persons, he committed an offence punishable under Section 307 IPC.

At head Sixthly:- By causing the aforesaid explosion which resulted into grievous injuries to 53 persons, he committed an offence punishable under Section 326 IPC.

At head Seventhly:- By causing the above said explosion which resulted into injuries to 106 persons, he committed an offence punishable under Section 324 IPC.

At head Eighthly:- By causing the aforesaid explosion which resulted into damage to properties worth Rs. 2.5 crores, he committed an offence punishable under Section 435 IPC.

At head Ninthly:- By causing the aforesaid explosion, he also committed an offence punishable under Section 436 IPC.

At head Tenthly:- By causing the aforesaid explosion which resulted into death, injuries and damage to the properties, he committed an offence punishable under Section 3 of the Explosive Substances Act, 1908.

At head Eleventhly:- By causing the aforesaid explosions by possessing explosive substances, he committed an offence punishable under Section 4(a)(b) of the Explosive Substances Act, 1908.

At head Twelfthly:- By possessing the explosives without valid licence that caused the aforesaid explosions, he committed an offence punishable under Section 9B (1) (b) of the Explosives Act, 1884.

At head Thirteenthly:- By causing the aforesaid explosion which resulted into damage to the public properties, he committed an offence punishable under Section 4 of the Prevention of Damage to Public Property Act, 1984.

Conviction and Sentence:

355) On all the aforesaid charges the appellant was found guilty except for charges (b) and (c) at head secondly by the Designated Judge. The appellant (A-11) has been convicted and sentenced as under:

(i) to suffer punishment of death along with a fine of Rs.25,000/- under Section 3(3) of TADA and Section 120-B of IPC read with the offences mentioned in the said charge. (charge firstly).

(ii) to suffer RI for 10 years along with a fine of Rs.50,000/-, in default, to further undergo RI for 1 year for the offence punishable under Section 3(3) of TADA (charge secondly).

(iii) to suffer punishment of death along with a fine of Rs.25,000/- for the offence punishable under Section 3(2)(i) of TADA (charge thirdly).

(iv) to suffer punishment of death along with a fine of Rs.25,000/- for the offence punishable under Section 302 IPC (charge fourthly).

(v) to suffer RI for life along with a fine of Rs.25,000/-, in default, to further undergo RI for 6 months for the offence punishable under Section 307 IPC (charge fifthly).

(vi) to suffer RI for 14 years along with a fine of Rs.25,000/-, in default, to further undergo RI for six months for the offence punishable under Section 326 IPC (charge sixthly).

(vii) to suffer RI for 2 years for the offence punishable under Section 435 IPC (charge eighthly).

(viii) to suffer RI for 7 years along with a fine of Rs.25,000/-, in default, to further undergo RI for 6 months for the offence punishable under Section 436 IPC (charge ninthly).

(ix) to suffer RI for 10 years along with a fine of Rs.25,000/-, in default, to further undergo RI for 6 months for the offence punishable under Section 3 of the Explosive Substances Act,1908 (charge tenthly).

(x) to suffer RI for 7 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(b) of the Explosive Substances Act, 1908 (charge eleventhly).

(xi) to suffer RI for 2 years for the offence punishable under Section 9B(1)(b) of the Explosives Act, 1884 (charge twelfthly).

(xii) 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 the Prevention of Damage to Public Property Act, 1984 (charge thirteenthly).

Evidence:

356) The evidence against the appellant (A-11) is in the form of:-

(i) his own confession;

(ii) confessions made by other co-conspirators; (co-accused);

(iii) testimonies of prosecution witnesses including eye witnesses; and

(iv) documentary evidence.

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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