93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 035

Evidence with regard to the vehicle (Jeep) used in the Blast:

375) Three commander jeeps were purchased by Mohammed Shafi Zariwala (AA). The following are the Registration numbers of the same:-

(i) MP 09-S 0070

(ii) MP 09-S 0080

(iii) MP 09-S 0082

The first jeep was used for the blast at Century Bazaar, Worli. The other two jeeps were found abandoned and were seized by the police. Shafi Zariwala (AA) purchased all these vehicles through PWs-365 and 366 and bookings were done by PW-195, an employee of M/s. Wasan Motors, who were also dealers of jeeps. PW-627 of M/s. Wasan Motors received the cash payment.

Deposition of Nilesh G Parekh ( PW-195)

PW-195 is a Salesman of M/s. Wasan Motors. He deposed that:

(i) In January, 1993, Shakeel Suleman Hasham (PW-366) of Auto Links booked 3 Mahindra Commander Jeeps in the names of Altaf Hussain, Aslam Shaikh and Jamal Ahmed of Indore. The delivery of the said jeeps, i.e., Article Nos. 378/379 was taken through his representative on two different dates in the month of January 1993.

(ii) About ten days after the blast on 12.03.1993, the Jeep (Article 378) bearing registration No. MP-09-S-0082 was shown to him at MRA Marg Police Station.

(iii) After 3 to 4 days, he also saw the blazer-blue coloured Jeep (Article

379) bearing registration no. MP-09-D-3043 at the office of Crime Branch.

(iv) He inspected the said jeeps and found that one additional cavity box and aluminium sheet flooring was prepared.

(v) On 22.01.1993, the Jeep, bearing Engine No. DQ 16217, Chassis No.16217 and Temporary Registration No. DMR-8322 was sold by M/s Wasan Motors.

(vi) Exhibit 865 is the order form of 3 jeeps purchased by Shakeel, i.e., first blazer blue coloured jeep purchased for Altaf Hussain of M.G. Road, Indore, M.P. with temporary registration No. DMR-8322, Chassis no. DQ-16217, second blazer blue coloured jeep purchased for Aslam Shaikh of M.G. Road, Indore, M.P. with temporary registration No. DMR- 8323, Chassis no. DQ-16140 and a third blazer blue coloured jeep purchased for Jamal Ahmed of M.G. Road, Indore, M.P. with chassis no. DQ-16230.

Deposition of Navnit Dhanpatrai Saini (PW-627)

At the relevant time, PW-627 was working as a Sales Executive with M/s Wasan Automobiles at Chembur. In his deposition dated 11.04.2000, he deposed as under:

(i) On 20.01.1993, as asked by PW 195, he met at his residence at Bibijan Terrace, Byculla.

(ii) He alongwith PW-366 went to Patel Petrol Pump and received Rs.4.73 lakhs from PW-365 as an advance for two Mahindra Commander Jeeps which he wanted to book.

(iii) Thereafter, he deposited the said amount with PW-195. On 21.01.1993, as instructed by PW 195, he along with sub-broker PW-366 had gone to PW-365 and placed an order for one more Mahindra Hard Top Commander Jeep and paid Rs.2.36 lakhs in cash and he had given the same to PW

195. Deposition of Kailash Baheti (PW-342)

PW-342 was carrying on the business as an Auto Consultant under the name and style of “Baheti Consultant”. In his deposition, he deposed that on 22.02.1993, he received the papers for registration of 3 Mahindra Commander Jeeps at Indore. On the next day, after receiving a call from Bombay regarding the registration papers of the jeeps, he handed over the documents and necessary charges to Mahesh Tiwari, RTO Agent. The officer registered the said jeeps at RTO, Indore. PW-342 gathered from the sale certificates that all the said jeeps were purchased from M/s Wasan Automobiles at Bombay and he deposed that one of the purchasers of the jeeps was Jamal Ahmed who was residing at M.G. Road, Indore and other purchasers were also residents of M.G. Road, Indore.

Deposition of Shakeel Suleman Hasham (PW-366)

PW-366 was carrying his business under the name and style of M/s Auto Links. In his deposition dated 09.07.1998, he disclosed that before giving the delivery of the said three jeeps to PW 365, he got them insured through Insurance agent Rakesh Tiwari (PW-338). He also got them registered at Indore, Madhya Pradesh through one Kailash Bindav. The delivery of the said three jeeps was taken by the concerned party directly from the showroom of M/s Wasan Automobiles.

Deposition of Suleman Mohd. Lakdawala (PW-365)

PW-365 was running his own Petrol Pump at Byculla, under the name and style of M/s Patel Brothers since 1988. Besides the said Petrol pump business, he was also carrying the business of sale and purchase of motor vehicles. In his statement dated 09.07.1998, he stated that in the month of January/February 1993, he arranged for the purchase of three new Commander Jeeps. The jeeps were bearing registration numbers of M.P. They were purchased through PW-366 from Wasan Automobiles for a price of Rs. 7 lakhs. The amount was paid by Shafi Zariwala (AA) and delivery of the jeeps was taken by Shafi who brought them to his petrol pump.

Deposition of Rakesh Tiwari (PW-338)

PW-338 was an Insurance Agent. Sometime, in between, 22-01-1993 and 25- 01-1993, at the instance of PW-366 of Auto Links, he insured 3 Commander Jeeps and 2 Maruti Vans with National Insurance Company. He gave the policy certificates to PW-366, who paid him the necessary charges. Exhibit 1236 colly is the cover notes of policies prepared as per the information given by PW-366.

Mukhtar Imdad Ahmed (PW-281) PW-281 deposed that he had been asked by the Shafi (AA) to prepare cavities in the Jeep. The cavities were to be prepared under the front seat by covering the lower portion of the front left side seat of the jeep.

376) The evidence of the approver, the eye-witness, experts and others clearly implicate A-11 to the actual scene of the crime at Century Bazaar along with linking him to taking part in the entire conspiracy. The confession made by A-11 himself and the confessions of the various co- accussed which have been discussed above are in consonance with the other available evidence. Hence, it is established that the appellant (A-11) was an active member of the conspiracy which led to the blasts at various places in Bombay and caused many deaths, injuries and loss to property.

377) The appellant (A-11) in his confessional statement admitted having planted the Jeep at Century Bazaar. It is clear from his own confession along with the confessions of co-accused and other witnesses that he himself drove the jeep and left it there along with the bomb. It is also clear that he was aware of the entire conspiracy and was very close to A-1. He actively participated in landings, smuggling of arms and ammunitions, making of bombs and planting the bomb at Century Bazaar. The evidence given by the doctors and the family members of the deceased shows the extent of suffering that was inflicted by A-11 and the other accused in pursuance of the said conspiracy. The quantity of RDX that was used in blasts clearly shows and establishes the fact that the blasts were intended to tear the economic, moral and social fabric of the nation and to induce communal tensions. The planning, timing and the intensity of the blasts establish that the blasts were synchronised so as to cause maximum damage to life and property and the involvement of the appellant in the entire conspiracy was of great importance as he was himself involved in the landing of arms and ammunitions and even planted the jeep with a bomb which exploded in Century Bazaar.

378) In view of the above, we hold that the prosecution has produced sufficient evidence to bring home the charges framed against him.

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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