93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 034

Investigation, Recoveries and FSL Reports:

371) Various articles were sent to FSL vide Exhibit Nos. 1850, 1852 and 2423 for opinion and the reports of FSL were marked as Exhibit Nos. 1851, 1853, 2424, 2467 and 2468. FSL reports show the traces of RDX in the said articles which are as follows:

(i) Exhibit 1850 is a letter to the FSL dated 17.07.1993 from CID requesting information about percentage/purity of RDX found on forwarded articles and components of explosives used.

(ii) Exhibit 1851 is the reply of the FSL dated 22.07.1993 to CID stating that percentage of RDX could be provided.

(iii) Exhibit 1852 is a letter to FSL dated 08.08.1993 from CID requesting confirmation whether the engine sent for examination belonged to the exploded Mahindra Jeep No. MP-09-S-0070.

(iv) Exhibit 1853 is the reply letter of FSL stated that a high explosive device would have been placed near the engine and the gear box.

(v) Exhibit 2423 is a letter from Police dated 15.03.1993 to the Chemical Analyser, Bombay sending substances used in Century Bazar bomb blast and requesting for an opinion on the nature of the bomb used.

(vi) Exhibit 2424 is a letter from Police dated 15.03.1993 requesting FSL’s opinion on samples collected from the blast site.

(vii) Exhibit 2466 is a panchnama containing the details of collection of samples by chemical analyser. Chemical Analyser has noted the chassis and engine number of fully burnt cars.

(viii) Exhibit 2467 is a FSL report dated 26.03.1993 giving Engine number (DQ 16230) and Chassis number (CDR 75 0 DP-2WD–HT–DQ1620). The report clarified that RDX was detected as an explosive from amongst the substances recovered by Police at blast site.

(ix) Exhibit 2468 is FSL report dated 23.03.1993 which confirmed the presence of RDX as explosive.

Witness describing the Blast and Damage:

Deposition of Anjani Bhanu Gorule (PW-388)

372) Her deposition was recorded on 05.08.1998. She deposed as under:

(i) On 12.03.1993, at 2:30 p.m., while doing household work on the first floor of her house at Nehru Nagar, Rahivashi Sangh, Century Bazaar, Bombay-18, she heard the sound of a loud explosion and she was thrown on the ground floor.

(ii) She became unconscious. However, after gaining consciousness, she found herself and her relative Sunanda Tambe, who had been in her house on the said day, in Poddar Hospital.

(iii) She sustained burn injuries to her right leg, fracture to left leg and minor injuries to her person due to piercing of splinters and she remained in the hospital for four days.

Deposition of Mrs. Sunita Rajendra Walvekar (PW-389)

In her deposition dated 05.08.1998, she stated that at about 2 p.m., she had been to beauty parlour on second floor of Ramodia Mansion. She further deposed that:

(i) Around 2:30 to 2:35 p.m., she heard the sound of a huge explosion.

(ii) As she was sitting near the window, something struck on her head and left hand which caused bleeding to her.

(iii) She found that shattered glass had pierced her hand. She removed the same and wrapped the injury with her clothes (pallu of saree) and came out of Ramodia Mansion.

(iv) She found that the entire atmosphere was full of black smoke.

(v) Her brother took her to KEM Hospital where she was treated for 11 days.

Deposition of Jayant Anant Sawant (PW-390)

He deposed in the Court on 05.08.1998 as follows:

(i) On 12.03.1993, at about 2.45 p.m., while he was at his Typing and Xerox Centre situated opposite to Passport Office on A.B. Road, he heard a loud explosion from the side of Century Bazaar.

(ii) He was thrown away at a distance of 15 feet from the place where he was.

(iii) He sustained injuries on his right cheek due to striking of glass splinters and sustained bleeding injury on his right forearm along with swelling.

(iv) He also sustained injury on his right thigh.

(v) He went to KEM Hospital along with 2/3 persons who also had sustained injuries.

(vi) He was admitted in the said hospital and the glass splinters from his cheek and thigh were removed.

(vii) A piece of iron rod was removed from his forearm and plastic surgery was conducted on his right cheek.

(viii) He remained as an indoor patient in KEM Hospital for one month.

(ix) One Chedda accompanied him and some more injured persons were admitted at KEM Hospital for treatment while others were discharged after the treatment.

Other Evidences:

373) PWs-644, 638 and 632-Doctors have issued the Injury Certificates Exhibit Nos. 2379, 2366 and 2350 for the injuries sustained by PW-388, PW- 389 and PW-390 respectively.

Deposition of Dr. Shivkumar Dhanjuram Jaiswal (PW-644)

PW-644 is a doctor attached to MA Poddar Hospital. He deposed regarding the Certificate issued by him and entry of casualty Register. His deposition reveals that PW 388 was brought to hospital on 12.03.1993 and was having 3 injuries and in his opinion the same were involving risk to her life and had also given history of injuries being sustained due to bomb blast. The Medical certificate of Anjani Manu Borale (PW-388) certifying that she was brought to MA Poddar Hospital on 12.03.1993 due to burns during the bomb blast has been proved by the witness.

Deposition of Dr. Vidya Shirvaikar (PW-638)

The witness proved the Medical certificate of Sunita Walvekar (PW-389) dated 12.03.1993 which had been marked as Exhibit 2366 certifying that she was treated in the out-patient department of KEM Hospital, Parel for Contused Lacerated Wound (CLW) on face below eye.

Deposition of Dr. Parag Laxman Mhatre (PW 632)

PW-632 proved Exh. No. 2350, the Medical certificate of Jayant Sawant dated 12.03.1993 certifying that the said victim was treated in the out- patient department of KEM Hospital, Parel for Contused Lacerated Wound (CLW) on face.

374) A total of 88 people died in the blast that took place at Century Bazaar. PWs-391 and 393 proved the death of two of the victims in Century Bazaar blast as follows:

(i) Vilas Baliram Gamre (PW-391) deposed as a witness regarding the death of his father. While travelling in BEST bus, his father Baliram Gamre succumbed to injuries on 12.03.1993 at about 2:30 to 2:45 p.m. due to bomb blast occurred at Century Bazaar.

(ii) Ashalata Prakash Phatak (PW-393) proved the death of her husband, Prakash Gopal Pathak, in the blast that took place at Century Bazaar. The doctors, who examined the dead bodies of various persons died on account of the blasts, have also deposed regarding the injuries received by the deceased persons.

(i) Dr. Walter George Vaz (PW-476) on 03.05.1999 described the reasons for the death of the victims in the blast and proved the death certificates namely, Exhibit Nos. 1584, 1585 and 1587 which were countersigned by him regarding cause of death of John Thomas, Kisan Barshinge and Vishram Mayekar respectively after they were examined by Dr. Baxi, Dr. Pisal & Dr. Inamdar respectively. He also proved his certificate regarding opinion given by him for the cause of death of Prakash Pathak after examining his dead body.

(ii) Dr. Anand Pandurangraj Desai (PW-477) proved the certificates countersigned by him regarding opinion given by him for cause of death of Baliram Gamre, Niyati Acharya and Mamta Surendra after examining their dead bodies.

Deposition of Kishore Laxman Sawant (PW-568)

PW-568 proved the Accidental Death Reports (ADRs) prepared by him in respect of the dead persons in the blast. The PSI of Dadar Police Station at KEM hospital had registered ADR Nos. 25/93, 34/93 and 37/93 regarding accidental death of Balimar Gamre, Kum. Niyati Acharya and Prakash Pathak respectively. After the bodies were identified by their relatives, they were sent to Coroner’s Court through officers of Coroner’s Court. In the same manner, with the help of other police officers, he had registered 34 accidental deaths reported at KEM Hospital. The said persons succumbed to death due to the bomb explosion which occurred at Century Bazaar.

Deposition of Shashikant Ramachandra Raut (PW-309)

PW-309 proved the damage caused by the explosion. The Panchnama Exhibit 1186 dated 15.04.1998 was drawn by the police officer Shri Agarkar in his presence and in the presence of co-panch on 13.03.1993 at 2.30 p.m. This panchnama was regarding the places visited by them and especially the damage caused to Century Bazaar Building.

Deposition of Devji Nanji Jogadia (PW-580)

PW-580 proved the damage to the Passport Office. At the relevant time, he was the Superintendent of Adminstration at Passport Office, Bombay.

(i) Due to the explosion that occurred on 12.03.1993 in front of Ramodia Mansion, opposite to Passport Office, glass panes, window frames, furniture and doors of the Passport office Building were damaged.

(ii) For carrying out the repairs, an expenditure of Rs. 3,29,908/- was incurred which was paid by Ministry of External Affairs and the quotation of M/s Mahindra & Company was accepted for the same.

Deposition of PWs-583 and 647 proved the damage caused to BEST Buses-Public properties.

(i) Sadanand Yashwant Padgaonkar (PW-583) was the Assistant General Manager, BEST Office, Colaba. On 12.03.1993, he found one single decker bus in completely burnt condition lying at the spot of Century Bazaar blast. He also reported seeing 4 damaged buses being brought to workshop at Dadar and ordered repair of the said damaged buses and replacement of the bus lying at Century Bazaar which was also brought to the workshop. In the month of August, 1993, he received the statement sent by the Officer of the Engineering Department of BEST informing that the total expenditure of Rs.13,93,000/- had been incurred for the above stated work.

(ii) Pradeep R Karandikar (PW-647), who was an Assistant Engineer in the Street Lighting Department of BEST deposed that as per the record the total cost was assessed as under:

(a) One BEST electric light pole of value Rs.12,000/- was vanished;

(b) 3 lanterns of value Rs.4,000/- were damaged; and

(c) BEST had sustained a loss of Rs. 16,294/- due to the blast that occurred at Century Bazaar.

Deposition of Jayvant Rahdeo Salvi (PW-316)

At the relevant time, PW-316 was the Colony Officer, G-Ward South for BMC and proved the damage caused to the properties belonging to BMC (public property).

(i) The pipelines in the Century Bazaar which were supplied by BMC were damaged due to the said explosion.

(ii) The said damage was assessed to the tune of Rs. 45,000/- by Assistant Engineer, Water Works, G-South Ward of BMC.

Deposition of Hemant Dattatray Parab (PW-579)

At the relevant time, PW-579 was a Fire Officer in the Worli Fire Station and proved the damage caused in general. In his deposition dated 08.02.2000, he deposed that:

(i) After attending and inspecting passport office on 12.03.1993, he prepared the fire report Exhibit 2006 and Exhibit 2007 on 13.03.1993 regarding the damage caused to the said site and the fire spread in the said area;

(ii) 29 vehicles on the road, 6 RCC Buildings and one shed were under fire which was extinguished by them.

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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TAGS:

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