93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 037

Conviction and Sentence:

(i) The appellant has been convicted and sentenced to death under Section 3(3) of TADA and Section 120-B of IPC read with the offences mentioned in the said charge. In addition, the appellant was ordered to pay a fine of Rs. 25, 000/-. (charge firstly)

(ii) The appellant was further found guilty for the offence punishable under Section 3(3) of TADA for commission of such acts as found proved from clauses ‘a’ and ‘c’ from charge at head secondly framed against him and on said count the appellant (A-12) was convicted and sentenced to suffer RI for 12 years and is ordered to pay a fine of Rs.50,000/-, in default of payment of fine, was ordered to suffer further RI for a period of 1 year. (charge secondly)

(iii) The appellant was further found guilty for the offence punishable under Section 3(2)(i) of TADA for commission of such acts as found proved from charge at head thirdly framed against him and on said count he was convicted and sentenced to suffer punishment of death, subject to confirmation of the same by this Court, and is also ordered to pay a fine of Rs.25,000/-. (charge thirdly)

(iv) The appellant was further found guilty for the offence punishable under Section 302 IPC for commission of such acts as found proved from charge at head fourthly framed against him and on the said count he was convicted and sentenced to suffer punishment of death, subject to confirmation of the same by this Court, and is also ordered to pay a fine of Rs.25,000/-. (charge fourthly)

(v) The appellant was further found guilty for the offence punishable under Section 307 IPC for commission of such acts as found proved from charge at head fifthly framed against him and on the said count he was convicted and sentenced to suffer RI for life and is ordered to pay a fine of Rs.25,000/-, in default of payment of fine, he was ordered to suffer further RI for a period of 6 months. (charge fifthly)

(vi) The appellant was further found guilty for the offence punishable under Section 324 IPC for commission of such acts as found proved from charge at head seventhly framed against him and on the said count he was convicted and sentenced to suffer RI for 3 years. (charge seventhly)

(vii) The appellant was further found guilty for the offence punishable under Section 435 IPC for commission of such acts as found proved from charge at head eighthly framed against him and on the said count he was convicted and sentenced to suffer RI for 7 years and was ordered to pay a fine of Rs.25,000/-, in default of payment of fine, he was ordered to suffer further RI for a period of 6 months. (charge eighthly)

(viii) The appellant (A-12) was further found guilty for the offence punishable under Section 436 IPC for commission of such acts as found proved from charge at heady ninthly framed against him and on the said count he was convicted and sentenced to suffer RI for 5 years and was ordered to pay a fine of Rs. 25,000/-, in default, to further undergo RI for a period of 6 months. (charge ninthly)

(ix) The appellant was further found guilty for the offence punishable under Section 3 of the Explosive Substances Act, 1908 for commission of such acts as found proved from charge at head tenthly framed against him and on the said count he was convicted and sentenced to suffer RI for 10 years and was ordered to pay a fine of Rs.25,000/-, in default of payment of fine, he was ordered to suffer further RI for a period of six months. (charge tenthly)

(x) The appellant was further found guilty for the offence punishable under Section 4(b) of the Explosive Substances Act, 1908 for commission of such acts as found proved from charge at head eleventhly framed against him and on the said count he was convicted and sentenced to suffer RI for 7 years and is ordered to pay a fine of Rs.25,000/-, in default of payment of fine, he was ordered to suffer further RI for a period of 6 months. (charge eleventhly)

(xi) The appellant was further found guilty for the offence punishable under Section 9B(1)(b) of the Explosives Act, 1884 for commission of such acts as found proved from charge at head twelfthly framed against him and on the said count he was convicted and sentenced to suffer RI for two years. (charge twelfthly)

(xii) The appellant was further found guilty for the offence punishable under Section 3(2)(ii) of TADA for commission of such acts as found proved from charge at head thirteenthly framed against him and on the said count he was convicted and sentenced to suffer RI for life and was ordered to pay a fine of Rs.1,00,000/-, in default of payment of fine, was ordered to suffer further RI for a period of 3 years. (charge thirteenthly)

(xiii) The appellant was further found guilty for the offence punishable under Section 307 IPC for commission of such acts as found proved from charge at head fourteenthly framed against him and on the said count he was convicted and sentenced to suffer RI for 10 years and was ordered to pay a fine of Rs.1,00,000/-, in default of payment of fine, was ordered to suffer further RI for a period of 3 years. (charge fourteenthly)

(xiv) The appellant (A-12) was further found guilty for the offence punishable under Section 436 IPC for commission of such acts as found proved from charge at head fifteenthly framed against him and on the said count he was convicted and sentenced to suffer RI for 10 years and was ordered to pay a fine of Rs.1,00,000/-, in default of payment of fine, was ordered to suffer further RI for a period of 3 years. (charge fifteenthly)

(xv) The appellant (A-12) was further found guilty for the offence punishable under Section 3 of the Explosive Substances Act, 1908 for commission of such acts as found proved from charge at head sixteenthly framed against him and on the said count he was convicted and sentenced to suffer RI for 7 years and was ordered to pay a fine of Rs.25,000/-, in default of payment of fine, was ordered to suffer further RI for a period of 6 months. (charge sixteenthly) (xvi) The appellant was further found guilty for the offence punishable under Section 4(b) of the Explosive Substances Act, 1908 for commission of such acts as found proved from charge at head seventeenthly framed against him and on the said count, he was convicted and sentenced to suffer RI for 7 years and was ordered to pay a fine of Rs.25,000/-, in default of payment of fine, was ordered to suffer further RI for a period of 6 months. (charge seventeenthly) (xvii) The appellant was further found guilty for the offence punishable under Section 9B(1)(b) of the Explosives Act, 1884 for commission of such acts as found proved from charge at head eighteenthly framed against him and on the said count he was convicted and sentenced to suffer RI for two years. (charge eighteenthly) Evidence:

383) The evidence against the appellant (A-12) 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.

Conspiracy:

384) As mentioned above, a common charge of conspiracy has been framed against all the accused persons and in order to bring home the charge, the cumulative effect of the proved circumstances should be taken into account in determining the guilt of the accused rather than adopting an isolated approach to each of the circumstance. Since we have elaborately discussed the issue relating to conspiracy in the earlier part of our judgment, there is no need to refer the same once again.

Confessional Statement of Parvez Nazir Ahmed Shaikh (A-12)

385) Confessional statement of A-12 under Section 15 of TADA has been recorded on 18.04.1993 (14:00 hrs.) and 21.04.1993 (06:50 hrs.), by Shri Prem Krishna Jain (PW-189), the then DCP, Zone X, Bombay. The facts emerge from his confessional statement are as under:

i) The appellant (A-12) was introduced to Tiger by Abdul Gani Ismail Turk (A-11).

ii) The appellant (A-12) was told by A-11 that his (A-12) job was to bring and deliver the Hawala money. Tiger Memon told the appellant to work with honesty.

iii) In Tiger’s office, the appellant (A-12) came across Asgar Yusuf Mukadam (A-10), Shafi (AA), Rafiq Madi (A-46), Anwar Theba (AA), Imtiyaz Yunusmiyan Ghavate (A-15), Salim Rahim Shaikh (A-52), Mohd. Hussian, Mohammed Mushtaq Moosa Tarani (A-44) and Haneef (A-40) and also came to know that Tiger was a smuggler of silver.

iv) In the last week of January, 1993, the appellant (A-12) accompanied A-15 to the Tiger’s residence from where they, along with Tiger and other associates, left for Shekhadi for landing of smuggled items.

v) The landing took place after three days. Meanwhile, the appellant (A-12) and others stayed at Vesava Hotel at Mahad and also at Hotel Big Splash, Alibaug.

vi) On the 4th day, landing took place at Shekhadi. The appellant and some other boys were asked to wait for A-11 at the Tower. Thereafter, Tiger Memon came there along with a motor lorry which was loaded with goods. All the boxes in the lorry were unloaded at the Tower. The appellant and others opened the boxes and found that they were containing hand grenades, bullets, revolvers and wire bundles. Thereafter, some goods were loaded in the cavities of the Jeeps and the remaining goods were loaded in the lorry.

vii) The appellant (A-12) along with Nasir Abdul Kader Kewal @ Nasir Dhakla (A-64), drove a Jeep and stayed at Khandala as instructed by Tiger. A-64 left for Bombay as his daughter was sick. Tiger instructed the appellant (A-12) to stay there and told him that Suleman Mohammed Kasam Ghavate (A-18) will come in the morning. Accordingly, A-18 and A-15 came to Khandala and all of them left for Bombay.

viii) At the time of opening of goods at the Tower, Tiger showed a pencil like item to all of them and told that it was worth Rs.25,000/- and he could blow one Hotel Oberoi with it.

ix) In the second week of February, 1993, the appellant again went with Tiger Memon and other accused persons to Shekhadi coast and was present there at the time when the goods were unloaded and re- loaded in the tempo. Thereafter, he went to the Tower along with other accused persons.

x) On 15th/16th February, 1993, the appellant along with A-10 went to the Tiger’s residence at Al-Hussaini Building where Shafi distributed Rs.10,000/- to everyone present there.

xi) On 11th March, on the instructions of Tiger, the appellant along with A-10, carried two suitcases, two hand bags and one big suitcase to Room No. 17 of Musafir-khana where he found that one bag was containing AK-56 rifles and another bag was having hand grenades in it. Thereafter, they went to the house of Shafi.

xii) The appellant (A-12) and Shafi then went to Shafi’s sister-in-law’s house at Jogeshwari in a jeep where wife of Shafi (Rukhsana) (A-

103) was also present. Shafi kept 2 AK-56 rifles and some hand grenades in one bag and pistols in another bag.

xiii) The appellant (A-12) and others carried both the bags and left in a Jeep and Shafi dropped them at Mahim and asked them to go to his house. Thereafter, they went to the house of Shafi and left both the bags there.

xiv) The appellant (A-12) drove Shafi’s scooter and reached Al-Hussaini Building.

xv) At Al-Hussaini Building, the appellant saw that the accused persons were filling the black coloured chemical into the cars, scooters and Jeeps which was smuggled on 03.02.1993 at Shekhadi,. xvi) The appellant also assisted the co-accused persons in filling RDX in vehicles.

xvii) The appellant, A-10 and Shoaib were asked by Anwar Theba (AA) to dispose off 5/6 plastic bags containing the empty cardboard boxes in which black soap was packed.

xviii) On return to Tiger’s residence, the appellant along with Asgar and Shoaib picked up three suitcases which were kept in the garage and reached Anwar’s residence in a red coloured Van where they met Anwar Theba (AA) and Mushtaq (A-44). A-15 also joined them later.

xix) Anwar Theba (AA) and Mushtaq (A-44) sat in the Van and left towards Link Road. On the way, Anwar Theba (AA) opened the bags and inserted the pencil like articles into the chemical filled therein and then closed the same.

xx) After reaching Link Road, Anwar Theba (AA) instructed A-12 to take one bag and keep it in Room No. 1840 of Hotel Sea Rock. xxi) Accordingly, the appellant kept the said explosive-laden bag in the said room and reached the Al-Hussaini Building and handed over the keys of the said room to Anwar.

xxii) Thereafter, Anwar handed over an old blue coloured Bajaj Scooter to the appellant and asked him to park it in Katha Bazaar. Before leaving, Anwar Theba (AA) further inserted the said pencil into the black chemical which was filled in the scooter. The appellant parked the scooter at Katha Bazaar and took away the keys of the scooter with himself.

xxiii) On 12.03.1993, When Asgar and Shoaib came to the house of the appellant (A-12), he then handed over the keys of the scooter which he had parked at Katha Bazaar to Asgar.

xxiv) He knew that the explosions were for taking revenge for demolition of Babri Masjid against Hindus. He knew that the explosion would cause huge loss to human lives and properties and he intentionally committed this mistake.

386) On perusal of the aforesaid confessional statement, the followings facts emerge:

i) The appellant (A-12) was a trusted confidant of Tiger Memon since he was assisting him in crime relating to Hawala transaction and was well acquainted with other co-conspirators;

ii) He participated in the landing of arms and ammunitions and explosives and was fully aware of the nature and capacity of such material which is clear from the demonstration given by Tiger and as stated by the appellant (A-12) that a pencil like thing was good enough to blow the Oberoi Hotel;

iii) He participated in the transportation and storage of such material;

iv) He participated in filling of RDX in the vehicles parked in the garage of Al-Hussaini building;

v) He planted the suitcase in Hotel Sea Rock knowing that it contains RDX and is fitted with time pencil detonator; and

vi) He parked the scooter laden with black chemical and fitted with time pencil detonator at Katha Bazaar.

Retraction Statement:

387) It was contended on behalf of the appellant (A-12) that since he subsequently retracted from his own confession dated 11.01.1994, the same cannot be relied upon. 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. The said conclusion will be applicable to this appeal also. Confessional Statements of co-accused:

388) 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 are summarized hereinbelow:

Confessional Statement of Mohammed Soaib Mohammed Kasam Ghansar (A-9) Confessional statement of A-9 under Section 15 of TADA has been recorded on 19.04.1993 (13:10 hrs.) and 22.04.1993 (00:30 hrs.), by Prem Krishna Jain (PW-189), the then DCP, Zone X, Bombay. A-9 with reference to A-12 has stated as under:

i) The appellant (A-12) was working for Tiger Memon and he used to visit his shop occasionally.

ii) The appellant (A-12) along with other accused persons was working in the garage at Al-Hussaini.

iii) A-12 and A-10, on the instructions of Anwar Theba (AA), threw away six big plastic bags in the wastage van of BMC.

iv) In the morning of 12.03.1993, A-12 and A-10 brought out three VIP bags from the garage at Al-Hussaini Building and put them in the Van and left for the residence of Anwar.

v) Anwar Theba (AA) inserted pencil of steel into the blackish chemical inside the bags and then the appellant was dropped near a taxi and was asked to go to Hotel Sea Rock with a bag.

vi) The appellant came back to the Al-Hussaini building.

(vii) After the blast, A-10 and A-9 went to the house of the appellant on 13.03.1993.

Confessional Statement of Asgar Yusuf Mukadam (A-10) Confessional statement of A-10 under Section 15 of TADA has been recorded on 23.04.1994 (18:00 hrs.), by Shri Krishan Lal Bishnoi (PW-

193), the then DCP, Zone III, Bombay. A-10 with reference to the appellant has stated as under:

i) The appellant was dealing with Hawala money.

ii) The appellant was present at Tiger’s residence.

iii) A-10 and A-12 took Rs. 5 lakhs from Choksi (A-97) and gave it to Sharif Abdul Gafoor Parkar @ Dadabhai (A-17).

iv) The appellant assisted him in collecting Rs. 1 crore from Choksi (A-

97) for Yakub Abdul Razak Memon (A-1).

v) The appellant accompanied him to the Tiger’s residence and shifted two VIP bags, one hand bag and one briefcase from Tiger’s residence to Room No.17 of the Haj Committee House, near Crawford Market.

vi) The appellant accompanied him (A-10) to the house of Shafi and took a new scooter from his residence.

vii) The appellant (A-12) along with other co-accused persons was present at the Al-Hussaini building in the night intervening between 11/12th March and was loading black chemical in the vehicles.

viii) A-10 and A-12 disposed off the plastic bags in which the empty boxes of chemicals were kept.

ix) The appellant was present along with him when Anwar Theba (AA) inserted aluminum like pencils into the chemical filled in the suitcases.

x) The appellant was dropped by the accused (A-10) on the instructions of Anwar Theba (AA) with one of the said VIP bag.

(xi) The appellant (A-12) came back to Al-Hussaini building, thereafter, as per the instructions of Anwar, he drove one scooter loaded with RDX to park it at the designated place.

Confessional Statement of Abdul Gani Ismail Turk (A-11) Confessional statement of A-11 under Section 15 of TADA has been recorded on 15.04.1993 (22:35 hrs.) and 18.04.1993, by Shri Prem Krishna Jain (PW-

189), the then DCP, Zone X, Bombay. A-11 with reference to the appellant has stated that:

i) The appellant (A-12) was present at the residence of Tiger Memon on or about 27/28th January along with co-accused Shafi, Yakub Abdul Razak Memon (A-1), Rahim Yakub Memon, Rafiq Madi (A-46) and Imtiyaz Yunusmiyan Ghavate (A-15), whereafter, all of them (except Yakub and his wife) left for Mhasla/Shekhadi.

ii) The appellant (A-12) was present at Al-Hussaini on 11.03.1993 and was filling chemical @ black soap in the vehicles along with the co- accused.

Confessional Statement of Dawood @ Dawood Taklya Mohammed Phanse @ Phanasmiyan (A-14) Confessional statement of A-14 under Section 15 of TADA has been recorded on 17.04.1993, by Shri P.K. Jain, the then DCP, Zone III, Bombay. A-14 with reference to the appellant stated that the appellant along with Tiger Memon and others came to Shekhadi for landing of arms. Confessional Statement of Imtiaz Yunusmiyan Ghavate (A-15) Confessional statement of A-15 under Section 15 of TADA has been recorded on 07.05.1993 (12:30 hrs.) and 09.05.1993 (13:30 hrs.), by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. A-15 with reference to the appellant stated the following:

i) The appellant worked in the office of Tiger Memon.

ii) The appellant participated in the landing at Shekhadi.

iii) The appellant arrived at Anwar’s house in the morning of 12.03.1993 along with A-10.

iv) Thereafter, the appellant reached Al-Hussaini building.

v) The appellant drove a scooter filled with black coloured soap like chemical at the instance of Anwar Theba (AA).

389) On perusal of the aforesaid confessions of the co-accused, it is clearly discernable that the appellant knowingly participated in doing the following overt acts:

i) The appellant was a trusted confident of Tiger Memon since he was assisting him in crime relating to Hawala transactions and was well acquainted with other co-conspirators.

ii) The appellant participated in the landing of arms and ammunitions and explosives and was fully aware of the nature and capacity of such material.

iii) The appellant participated in transportation and storage of such material.

iv) The appellant was involved in filling of RDX in the vehicles parked in the garage of the Al-Hussaini building.

v) The appellant planted suitcase in Hotel Sea Rock knowing that it contains RDX and is fitted with time pencil detonator.

vi) The appellant parked the scooter laden with black chemical on the instructions of Anwar.

390) It is also clear that the confessions made by the appellants are truthful and voluntary and were made without any coercion. All safeguards enumerated under Section 15 of TADA and the rules framed thereunder have been duly complied with while recording the confessions of the appellants.

Deposition of Prosecution Witnesses:

Blast at Katha Bazaar Deposition of Laxman Dhondu Posture (PW-8)

391) PW-8 was working as a peon in the office of Chemical Corporation, Katha Bazaar. He is an eyewitness to the incident and has deposed as under:

i) The appellant parked the scooter on the road in front of the Matruchayya Building at Katha Bazaar. It was this scooter in which the bomb exploded.

ii) PW-8 identified the appellant before the court in the dock as the person who parked the said scooter.

iii) PW-8 identified the appellant in the identification parade conducted by Moreshwar Thakur (PW-469), Special Executive Magistrate, on 13.05.1993, in Sitaram Building.

iv) PW-8 further deposed that his employer’s scooter was also parked next to the scooter parked by the appellant which was blown into pieces.

Deposition of Abdulla Ibrahim Shaikh (PW-9)

PW-9 was a driver working with one Mr. Mehra, whose office was on the third floor of AGH Chambers which is opposite to Matruchayya building:

i) PW-9 deposed that on 12.03.1993, a boy was trying to park a scooter adjacent to his employer’s car.

ii) PW-9 told the driver of the scooter not to park it there since it would be difficult for him to take out his car.

iii) PW-9 further deposed that on this the driver of the scooter told him that he will leave in a while and parked his scooter there itself.

iv) While parking the scooter, the appellant even lost his balance and was about to fall on the car then he helped the driver of the scooter to park it.

v) PW-9 stated that after sometime he heard the sound of a big explosion and saw that his car was completely burnt.

vi) PW-9 identified the appellant (A-12) before the Court as the boy who parked the said scooter which exploded.

vii) PW-9 also identified the appellant in the identification parade conducted on 21.03.1993 at 4.30 p.m. by PW-462 at Sacred Heart School.

392) On perusal of the depositions of PWs-8 and 9, it is clearly established that on 12.03.1993, the appellant parked the scooter at Katha Bazaar, opposite to Matruchhaya Building which later exploded. The appellant was duly identified by PWs 8 & 9 before the Court and also during the identification parade conducted by the Special Executive Magistrate. The above depositions also sufficiently corroborate the confessional statement made by the appellant that he parked a scooter laden with explosives at Katha Bazaar.

Deposition of Vasant Ganpat Kamble (PW-462)

At the relevant time, PW-462 was the Special Executive Magistrate (SEM) who conducted the Test Identification Parade for the identification of the appellant. He deposed as under:

i) He conducted the Test Identification Parade on 21.03.1993 for PW-9.

ii) He further deposed that PW-9 duly identified the appellant (A-12).

iii) The witness proved the panchnama of the parade which was prepared by him and is marked as Exh. 1478.

Deposition of Moreshwar Thakur (PW-469)

At the relevant time, PW-469 was the Special Executive Magistrate who conducted the Test Identification Parade for the identification of the appellant-A-12. He deposed as under:

i) PW-469 conducted the Test Identification Parade on 13.05.1993 at Sitaram Building in the presence of two panchas and also prepared a panchnama for the said parade.

ii) PWs-8 and 9 identified the appellant as the person who parked the scooter at Katha Bazaar.

iii) PW-469 in his deposition proved the panchnama.

Deposition of Suresh Satappa Walishetty (PW-680)

PW-680 was the Investigating Officer at the relevant time in the case pertaining to blast at Katha Bazaar:

i) He deposed that the appellant made a statement before him that he was willing to make a voluntary disclosure which was reduced into writing by him.

ii) The appellant (A-12) led the police party to Room No. 63 on the ground floor of Railway Quarters from where he took out a white shirt from a trunk and handed over the same to the police. On inspection by the police, it was found that it contained black stains on both the sleeves.

iii) He deposed that he drew a recovery panchnama of the entire event.

iv) He deposed that on 31.05.1993, the appellant made another disclosure statement and led the police party and got his driving licence bearing No. MH-01-93-5023 issued on 17.02.1993 recovered from the house of his friend Mohd. Taufiq Naulakhiya resident of Hussain Rattan Chawl. The panchnamas for the entire event were also prepared.

v) Vide covering letter dated 28.06.1993, PW-680 sent the said shirt to the Chemical Analyzer.

vi) The report of the Chemical Analyser dated 16.07.1993 was received by him.

vii) He also deposed that one Raju Kodi (A-26) made a voluntary confession and led the police party to his shop and he took out a packet from a cupboard and handed over the same to the police party who opened it and found that it contained a registration certificate of Bajaj Scooter bearing No. MP-14-B-5349, Chassis No. MO-5-178695.

viii) He deposed that he prepared two panchnamas of the entire event. The report of the Chemical Analyzer confirms the presence of the highly explosive RDX (Cyclonite) on the shirt recovered by the police party at the instance of the appellant (A-12). Thus it can safely be inferred that the appellant was present at the time of filling RDX in the vehicles and during the said process he had soiled his shirt.

Deposition of Sanjay Laxman Kadam (PW-530)

PW-530 was the API and had assisted PW-680 in the interrogation of the appellant on 31.05.1993. PW-530 confirms and corroborates the fact of the appellant (A-12) making a voluntary statement and, thereafter, leading the police party to the house of his friend Mohd. Taufiq from where his driving licence was recovered.

Deposition of Abdul Rauf (PW-525)

PW-525 was a police officer at Pydhonie, Police Station at the relevant time. He deposed that he inspected the place of occurrence in the presence of panch witnesses. He further deposed as under:

i) He seized chassis of a scooter and a part of the scooter which had burnt on the spot. The chassis bore the No. MO-5-178695.

ii) He seized the number plate of the scooter bearing No. MP 1B 5349.

iii) He also seized glass splinters and ashes from the spot.

iv) He deposed that he seized pieces of cloth and earth soaked with oil lying on the spot.

v) He also drew a spot panchnama which was proved by him.

Deposition of Ramesh G. Thakur (PW-64)

PW-64, an electrician working in Andheri, has deposed as a witness. The following facts have been established from his statement:

i) He is a panch witness.

ii) In his presence, A-26 made a voluntary statement.

iii) A-26 led the police party and the panch witness to his shop.

iv) In his presence, the police party pursuant to disclosure recovered the registration papers of Bajaj scooter.

Deposition of Shantilal Gandhi (PW-386)

PW-386 was involved in the preparation of ornaments of gold and owned a stall in Zaveri Bazaar. He deposed to the following effect:

i) He is a resident of Ratlam and after staying there he came to Bombay and worked at Zaveri Bazaar.

ii) He knows A-26 since 1983.

iii) Between 15-20th April, 1992 he went to Ratlam by train and before leaving, he met A-26.

iv) A-26 told him that since Kumbhmela was going on in M.P., he would get 50% off on purchase of scooters.

v) A-26 gave him Rs.20,000/- to purchase a scooter from Ratlam, M.P. in the name of P.B. Mali.

vi) He purchased the scooter for Rs.19,000/- from Ratlam in the name of P.B. Mali and gave his residential address as 53, Hatiram Darwaja.

vii) The Registration No. of the scooter was MP-14-B-5349.

viii) He then booked the scooter by train to A-26 from Ratlam. Upon perusal of the evidence of PW-386, it is clearly established that he purchased the scooter at the behest of A-26 from Ratlam, MP in the fake name of P.B. Mali and A-26 paid the money for the said purchase. PW-386 also sent the registration papers to him which were subsequently recovered from his shop vide disclosure statement made by A-26.

Deposition of Pratapram Buraji Mali (PW-75)

He had his own business of making gold and silver ornaments and so also in the Share Market. He deposed as under:

i) He knew Raju Kodi (A-26) for the last ten years.

ii) He had seen Raju Kodi driving a blue coloured scooter of Bajaj Company.

iii) He had not booked any scooter in his name.

On perusal of the aforesaid deposition, it is clearly discernible that the scooter was booked in the fake name which fact is also established from the deposition of PW-75.

Other Witnesses:

Depositions of Dharmendra Ratilal Parekh (PW-423) and Sadashiv Ganpat Ranmale (PW-429)

393) The above witnesses deposed about taking claim of the dead body of their brothers who succumbed to the injuries sustained during the blast at Katha Bazaar.

Deposition of Dr. Madhavrao Lalasaheb Lankeshwar (PW-478)

PW-478 deposed about the fact that Hiten Ratilal Parikh, brother of PW- 423 died on account of burn injuries sustained by him. PW-478 also issued Medical Certificate explaining the cause of the death.

Deposition of Vijay Harishchandra Kelvekar (PW-479)

PW-479 deposed about the fact that Baburao Ganpat Ranmale, brother of PW-429, died on account of burn injuries sustained by him. He also issued Medical Certificate explaining the cause of the death.

Deposition of Faizan Khan (PW-372)

PW-372 deposed that Gulabi House owned by his company was damaged. He deposed that the damage estimated to the tune of Rs.25,000/-. Deposition of Dinanath Ramchand Ramani (PW-373) PW-373 deposed that he has an office at Vyapar Bhavan and due to the explosion at Katha Bazaar the glass panes of the windows in the bathroom and balcony were damaged.

Depositions of Suresh Shamrao Jathar (PW-617), Maheshwar Diwakar Datt Sharma (PW-616) and Anil Baburao Gorakshakar (PW-618) All the abovesaid witnesses have proved the damage caused to the public property on account of explosion at Katha Bazar.

Deposition of Namdeo Yashwant Gole (PW-430)

PW-430 deposed that he sustained injuries on his leg and forehead due to which he became unconscious and was admitted in GT Hospital.

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:

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, Uttan,

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