Salim Rahim Shaikh @ Salim Babu Wrane (A-52) Vs. The State of Maharashtra, through CBI-STF, Mumbai
EmailAppeal: Criminal Appeal No. 616 of 2008
Petitioner: Salim Rahim Shaikh @ Salim Babu Wrane (A-52)
Respondent: The State of Maharashtra, through CBI-STF, Mumbai
Apeal: Criminal Appeal No. 616 of 2008
Judges:
Date of Judgment: Mar 21, 2013
Head Note:
Terrorist and Disruptive Activities (Prevention) Act, 1987
Sections 3(3), 5, 6, 15 Penal Code 1860, Sections 120B, 302, 307, 326, 324, 427, 435, 436, 201, 212 Arms Act 1959, Sections 3, 7, 25 Explosives Act, 1884, Section 9B(1) Explosive Substances Act, 1908, Sections 3, 4, 5, 6 – Evidence Act, 1872, Sections 3, 27 Conviction Bombay blast case Role and involvement of accused Salim Rahim Shaikh (A52) – Charges of conspiracy, murder etc. Evidence against him Appreciation His own confession Knew Tiger Memon – Went to Dubai for training and then to Pakistan Attended conspiratorial meeting Surveyed some places Witnessed loading of RDX in vehicles Drove persons to site where grenades were thrown Took them away and hid himself His statement found to be voluntary and recorded after following safe-guards Said confession corroborated by confessions of co-conspirators, namely A13, A16, A29, A32, A36, A39, A49, A57, A64, A94, A98, A100 Accused known to different co-accused with different names Accused identified by PWs and further corroboration by approver (PW2) and others Recoveries of arms/ ammunition at his instance Evidence of injured persons also led, apart from purchase of vehicle, its use and of accused going out of India. Held that charges against him were fully established. Conviction and sentence upheld.
Sections 3(3), 5, 6, 15 Penal Code 1860, Sections 120B, 302, 307, 326, 324, 427, 435, 436, 201, 212 Arms Act 1959, Sections 3, 7, 25 Explosives Act, 1884, Section 9B(1) Explosive Substances Act, 1908, Sections 3, 4, 5, 6 – Evidence Act, 1872, Sections 3, 27 Conviction Bombay blast case Role and involvement of accused Salim Rahim Shaikh (A52) – Charges of conspiracy, murder etc. Evidence against him Appreciation His own confession Knew Tiger Memon – Went to Dubai for training and then to Pakistan Attended conspiratorial meeting Surveyed some places Witnessed loading of RDX in vehicles Drove persons to site where grenades were thrown Took them away and hid himself His statement found to be voluntary and recorded after following safe-guards Said confession corroborated by confessions of co-conspirators, namely A13, A16, A29, A32, A36, A39, A49, A57, A64, A94, A98, A100 Accused known to different co-accused with different names Accused identified by PWs and further corroboration by approver (PW2) and others Recoveries of arms/ ammunition at his instance Evidence of injured persons also led, apart from purchase of vehicle, its use and of accused going out of India. Held that charges against him were fully established. Conviction and sentence upheld.
Held:
On perusal of the above confession of the appellant, the following facts emerge
(i) He took oath to take revenge for his aunts death in the riots;
(ii) He participated in a meeting at Dubai where Tiger Memon and Javed Chikna spoke about communal riots;
(iii) He participated in the weapons training at Pakistan for the purpose of committing terrorist acts;
(iv) He took oath on holy Quran that he will remain together, will not fight with each other and will not tell anyone about the training including his wife, children and relatives and further will cause loss to the persons who had caused loss to the people of his community;
(v) He was present in the garage at Al-Hussaini Building in the night intervening 11/12.03.1993 when RDX was being filled in vehicles;
(vi) He parked the vehicles loaded with RDX in and out of the garage;
(vii) He drove co-accused persons in a Maruti Van No. MP-13-D-385 to Mahim Causeway where hand grenades were thrown on the hutments.
(viii) He carried a pistol along with him. (Para 228)
A perusal of the confessional statements of all the above accused, viz., A-13, A-16, A-23, A-29, A-32, A-36, A-39, A-49, A-57, A-64, A-94, A-98 and A-100 clearly establish the fact that it corroborate with each other and also with the confessional statement of the appellant (A-52). After consideration of all the abovesaid confessional statements of the co-accused, the involvement of the appellant in the conspiracy is established in as much as:
(i) The appellant attended the conspiratorial meeting at the residence of Tiger Memon.
(ii) The appellant was present at Al-Hussaini in the night intervening 11/12.03.1993 and witnessed the filling of RDX in vehicles.
(iii) On 12.03.1993, Javed and Usman (PW-2) distributed a bag full of hand grenades amongst the co-accused persons in his presence.
(iv) The appellant traveled to Dubai on 11.02.1993 and returned Bombay on 03.03.1993.
(v) The appellant attended training in arms and ammunitions at Pakistan where he was given a fictitious name.
(vi) The appellant, along with other co-accused persons, took oath on Holy Quran to combat Jehad against Hindus.
(vii) The appellant drove the co-accused persons in a Maruti Van to Mahim Causeway where they lobbed hand grenades at Fishermens colony causing explosions.
(viii) The appellant was also carrying a pistol.
(ix) The confession of A-32 shows that the appellant was not merely a driver, in fact, he was the Commander of his group. (Para 231)
The appellant-accused was known by different names to different co-accused persons and this does not, in anyway, dispute the involvement of the appellant in the crime. From the confessions of the co- accused and also from his own confession, it is evident that there is corroboration of his involvement in the crime. Each confession corroborates with the fact of presence of the appellant and connects him to the crime. Moreover, there is no contradiction or discrepancy in the above confessions pertaining to the involvement of the appellant. The appellant has been identified by the eyewitnesses which further corroborate the confessions and establish the identity of the appellant. (Para 232)
The deposition of the Approver duly corroborates with the confessions of the co-accused as well as the confession made by the appellant. (Para 234.2)
The eye-witnesses to the said incident have consistently deposed that the appellant was driving the van which came to fishermens colony and caused explosions. They have identified the appellant in the court. They further identified the Maruti van bearing number MP-D-13-385 as the vehicle in which the appellant alongwith other co-accused came to the scene of the crime and fled away after lobbing the hand grenades. (Para 235)
The deposition of panch witness Sakharam Sathe (PW-35) reveals discovery of a pistol and 48 rounds belonging to the appellant from Zopada in Bainganwadi. The discovery was made at the instance of the appellant who led the police party and the panchas to the place of recovery. Exh. 102 is the panchanama of all the events correctly drawn by A.P.I. Shri Kolekar (PW-526). Article Nos. 38 and 39 are the said pistol and 46 intact cartridges and two empties out of 48 cartridges seized by him on 13.04.1993 from the said hutments at Bainganwadi at Govandi is under the panchanama Exh.102. (Para 238)
Further, the depositions of Kailash Govind Rao Baheti (PW-342) and Shakeel Suleman Hasham (PW-366) are pertinent as it complete the link relating to purchase/arrangement of the said Maruti Van used in the incident. (Para 241)
The said blue Maruti Van has been identified by PWs-5, 6 and 13 in their depositions as the vehicle which was involved in the said incident at Fishermens Colony. (Para 241.3)
Further, the deposition of Mukhtar Ahmed (PW-281) reveals that the cavity was prepared by him in the said Maruti Van at the behest of Mohd. Shafi Jariwala (AA). (Para 242)
The appellant had acquired skill for commission of terrorist acts after the training in handling sophisticated arms and ammunitions at Pakistan. He took oath that he will take revenge for the killing of his aunt during riots and also that he will take revenge from Hindus and will not disclose about the conspiracy to anyone. He engaged himself in commission of acts furthering the object of conspiracy which was heinous having scant disregard for human life. The appellant parked the cars in and out of the garages which were filled with RDX and thereby assisted in the preparation of motor vehicle bombs which were planted by other co-conspirators which caused considerable damage to the property and lives of the people. The appellant was also responsible for taking the other co-conspirators to Mahim Fishermens Colony for commission of terrorist acts and, thereafter, they fled away from that place and he was placed in a commanding capacity. (Para 245)
Pursuant to the conspiracy, the appellant has actively participated in various conspiratorial acts of planning, training, preparation and execution. The evidence on record clearly proved the charges against the appellant beyond reasonable doubt. (Para 246)
JUDGEMENT:
JUDGEMENT
222. Mr. Mustaq Ahmed, learned counsel appeared for the appellant (A-52) and Mr. Mukul Gupta, learned senior counsel duly assisted by Mr. Satyakam, learned counsel for respondent (CBI)
223. The instant appeal is directed against the final order and judgment of conviction and sentence dated 04.12.2006 and 14.06.2007 respectively, whereby the appellant (A-52) has been convicted and sentenced to rigorous imprisonment (RI) for life by the Designated Court under TADA for the Bombay Bomb Blast Case, Greater Bombay in B.B.C. No.1/1993.
Charges:
224. A common charge of conspiracy was framed against all the co-conspirators including the appellant (A-52). The relevant portion of the said 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 (U.A.E.) and 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, hand grenades and other explosive 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 or 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, hand grenades 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 IPC read with Sections 3(2)(i)(ii), 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.
224.1 In addition to the above-said principal charge of conspiracy, the appellant was also charged on the following counts:
At head Secondly; The appellant committed an offence punishable under section 3(3) of TADA by doing the following overt acts:
(a) He participated in the training in handling of arms, ammunitions and explosives in Pakistan for which he travelled in a fictitious name as Salim Babu Wrane;
(b) He assisted in the preparation of vehicle bombs by filling explosives therein, at Al-Hussaini Building for planting the same at various places in Bombay and its suburbs.
At head Thirdly; The appellant drove to Mahim Causeway on 12.03.1993 alongwith other co-accused in a Maruti Van bearing No. MP-13-D-385 and lobbed hand grenades on the hutments causing explosions resulting into death of 3 persons, injuries to 6 others and damage to property worth Rs. 50,000/- and thereby committed an offence punishable under section 3(3) of TADA read with Section 149 IPC.
At head Fourthly; The appellant, alongwith other co-accused persons, was a part of an unlawful assembly as mentioned above, while throwing the hand grenades at the said hutments at Mahim Causeway, which resulted in death, injuries and damage to properties and thereby committed an offence punishable under Section 148 IPC.
At head Fifthly; The appellant, by causing the death of 3 persons as mentioned above, committed an offence punishable under Section 302 read with Section 149 IPC.
At head Sixthly; The appellant, by causing the abovesaid explosions, which caused death and injuries to various persons committed an offence punishable under Section 307 read with Section 149 IPC.
At head Seventhly; The appellant, by causing the abovesaid explosions, which resulted in injuries to various persons also committed an offence punishable under Section 324 read with Section 149 IPC.
At head Eighthly; The appellant, by causing the aforesaid explosions, which resulted into damage to the properties worth Rs. 50,000/-, committed an offence punishable under section 436 read with section 149 IPC.
At head Ninthly; During the period from January, 1993, to 26th April 1993, the appellant possessed one 9mm mouser pistol and 48 cartridges, which he concealed at Bainganwadi hutments, Govandi, unauthorisedly, in a notified area of Greater Bombay and thereby committed an offence punishable under Section 5 of TADA.
At head Tenthly; The appellant, possessed arms and ammunition and concealed the same with intent to commit terrorist acts and thereby committed an offence punishable under Section 6 of TADA.
At head Eleventhly; The appellant, by possessing the above mentioned arms and ammunitions, unauthorisedly, committed an offence punishable under Section 3 and Section 7 read with Section 25(1-A) and 25(1-B)(a) of the Arms Act, 1959.
225. The charges mentioned above were proved against the appellant (A-52). The appellant has been convicted and sentenced for the above said charges as under:
Conviction and Sentence:
i) The appellant has been convicted for the offence of conspiracy under Section 3(3) of TADA and under Section 120-B of IPC and sentenced to RI for life along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charge firstly)
(ii) The appellant has also been convicted for the commission of offence punishable under Section 3(3) of TADA and sentenced to RI for 10 years alongwith a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charge secondly)
(iii) The appellant has also been convicted for the commission of offence punishable under Section 3(3) of TADA and sentenced to RI for 14 years alongwith a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charge thirdly)
(iv) The appellant has also been convicted for the commission of such acts as found proved under Section 148 of IPC and sentenced to undergo RI for 1 year. (charge fourthly)
(v) The appellant has also been convicted for the commission of such acts as found proved under Section 302 read with Section 149 of IPC and sentenced to RI for life along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charge fifthly)
(vi) The appellant has been convicted for the commission of such acts as found proved under Section 307 read with Section 149 of IPC and sentenced to RI for 10 years along with a fine of Rs. 10,000/-, in default, to further undergo RI for 3 months. (charge sixthly)
(vii) The appellant has been convicted for the commission of such acts as found proved under Section 324 read with Section 149 of IPC and sentenced to RI for 2 years. (charge seventhly)
(viii) The appellant has been convicted for the commission of such acts as found proved under Section 436 read with Section 149 of IPC and sentenced to RI for 10 years along with a fine of Rs. 5,000/-, in default, to further undergo RI for 1 month. (charge eighthly)
(ix) The appellant has been convicted for the commission of such acts as found proved under Section 5 of TADA and sentenced to RI for 6 years along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charge ninthly)
(x) The appellant has also been convicted for the offence committed under Section 3 and Section 7 read with Section 25(1A) and 25(1B)(a) of the Arms Act, 1959, but no separate sentence was awarded on the said count. (charge eleventhly)
Evidence
226. The evidence against the appellant (A-52) is in the form of:-
(i) his own confession;
(ii) confessions made by other co-conspirators; (co-accused);
(iii) testimony of prosecution witnesses; and
(iv) documentary evidence.
Confessional statement of Salim Rahim Shaikh @ Salim Babu Wrane (A-52)
227. The involvement of the appellant in the conspiracy is evident from his own confession recorded under section 15 of TADA on 15.04.1993 (20:45 hrs.) and 18.04.1993 (10:30 hrs.) by Mr. P.D. Pawar (PW-185), the then DCP, Zone V, Bombay. We were taken through his entire confessional statement. His confession reveals as under:-
(i) He was residing at Mahim during 1992-93 when riots took place.
(ii) His maternal aunt was killed during riots in January, 1993 and he took oath to take revenge for her death.
(iii) On 11.02.1993, at the instance of Javed Chikna (AA), he was taken by Mohammed Usman Jan Khan (PW-2) and Mohammed Farooq Mohammed Yusuf Pawale (A-16) to the Airport from where he left for Dubai alongwith others for training.
(iv) He knew Tiger Memon and was aware of his illegal activities.
(v) In Dubai, on 13.02.1993, he attended a meeting in which Tiger Memon and Javed Chikna discussed about the communal riots.
(vi) On 14.02.1993, he alongwith Javed Chikna and other co-accused, went to Dubai from Islamabad at the instance of Tiger.
(vii) In Islamabad, on 17.02.1993, he alongwith others was taken to the training camp in a jungle where they all were trained in firing arms, opening and assembling of LMG, throwing handgrenades, RDX, detonators, timer pencils etc.
(viii) On 28.02.1993, he alongwith other co-accused persons left Islamabad and reached Dubai where Tiger Memon administered oath to them on Quran that they will not fight with each other and will not disclose anything about the said training and will cause loss to those persons who had caused loss to their community.
(ix) On 03.03.1993, he alongwith others, returned to Bombay.
(x) Thereafter, he attended a meeting held by Tiger at the residence of Babloo at Khar in which they decided to blast bombs in Bombay after Ramzan.
(xi) Next day, he attended another meeting at Tiger’s residence in which Tiger gave Rs. 5,000/- to each one of them and he was attached with the group of Usman.
(xii) Next day, he also attended another meeting at the flat of Tiger Memon.
(xiii) On 10.03.1993, he, alongwith PW-2 and Firoz @Akram Amani Malik (A-39) went to Bharat Petroleum Refinery, Chembur for survey. Thereafter, they met Tiger Memon and informed him about the infeasibility of causing blast at the said refinery owing to the presence of security guards.
(xiv) Thereafter, on the instructions of Tiger Memon, he again went to survey the said refinery along with Bashir and Zakir Hussain Noor Mohammed Shaikh (A-32) and informed Tiger and Usman about the risk.
(xv) On 11.03.1993, he and others were told by Usman, in the presence of Tiger, to throw hand grenades in Fishermen’s colony, Mahim, at which time the appellant refused but agreed to drive the vehicle for them.
(xvi) On the same day, in the night, he went to the Tiger’s residence at Al-Hussaini building where Tiger, Javed Chikna and others were also present. In the garage of the said building, he saw that RDX was being loaded into the vehicles and scooters. He parked some of the RDX-laden vehicles outside the garage since he thought his hands would become black due to the colour of RDX.
(xvii) On 12.03.1993, at about 2.00 p.m., he took a pistol with magazines and drove A-32, Mohammed Moin Faridulla Qureshi (A-43) and others in Tigers Maruti van containing 30 hand grenades to Mahim slope Koliwada, where the hand grenades were to be thrown as per the plan.
(xviii) After reaching Mahim Koliwada, while he was on the driver’s seat and the car engine being on, other persons sitting in the van came out of the vehicle and threw hand grenades causing blasts.
(xix) After throwing hand grenades, they immediately boarded the said Maruti van which was driven by him and sped away towards Bandra Reclamation whereafter going a little ahead and taking a right turn, all five persons got down from the van and left. At that time, A-39 took the bag of hand grenades in which A-52s pistol was also kept and left with all others.
(xx) Thereafter, he (A-52) parked the vehicle there and went to Tiger’s house where he had parked his scooter and then went to Versova at his cousins house.
(xxi) On the next day, since the police was investigating the blasts, he took refuge in Madina Masjid and did not go to his house.
228. On perusal of the above confession of the appellant, the following facts emerge
(i) He took oath to take revenge for his aunts death in the riots;
(ii) He participated in a meeting at Dubai where Tiger Memon and Javed Chikna spoke about communal riots;
(iii) He participated in the weapons training at Pakistan for the purpose of committing terrorist acts;
(iv) He took oath on holy Quran that he will remain together, will not fight with each other and will not tell anyone about the training including his wife, children and relatives and further will cause loss to the persons who had caused loss to the people of his community;
(v) He was present in the garage at Al-Hussaini Building in the night intervening 11/12.03.1993 when RDX was being filled in vehicles;
(vi) He parked the vehicles loaded with RDX in and out of the garage;
(vii) He drove co-accused persons in a Maruti Van No. MP-13-D-385 to Mahim Causeway where hand grenades were thrown on the hutments.
(viii) He carried a pistol along with him.
229. A perusal of his entire confession, questions put by the recording officer and the procedure followed clearly show that the abovesaid confession is voluntary, without any pressure or coercion and the same has been recorded after following all the safeguards enumerated under Section 15 of TADA and the rules framed thereunder.
230. 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 already been considered by us in the earlier part of our discussion. The said confessions insofar as they refer to the appellant (A-52) are summarized hereinbelow:
Confessional Statement of Bashir Ahmed Usman Gani Khairulla (A-13)
230.1 Confessional statement of A-13 under section 15 of TADA has been recorded on 16.05.1993 (10:30 hrs.) and 18.05.1993 (17:15 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-13 with reference to the appellant is summarised below:
(i) On 11.03.1993, the appellant was present at Tigers residence along with other co-accused persons.
(ii) He was present in the garage of Al-Hussaini Building when RDX was being loaded in vehicles.
(iii) In the morning of 12.03.1993, the appellant was present at Tigers residence, where Javed gave Rs. 5,000/- to everyone present therein including the appellant and told A-13 to accompany the appellant along with others in a Maruti van in order to throw hand grenades at Mahim Causeway slope.
(iv) The appellant drove the Van to Mahim Causeway in which A-13, Mehmood, Feroz, Zakir and Abdul Akhtar were also seated.
(v) On reaching the fishermens colony at Mahim, the appellant informed everyone in the van to be ready to throw hand grenades and parked the van on the roadside after which they threw handgrenades at fishermens colony and caused explosions. The appellant was also carrying a pistol with him.
Confessional Statement of Mohd. Farooq Mohd. Yusuf Pawale (A-16)
230.2 Confessional statement of A-16 under Section 15 of TADA has been recorded on 20.05.1993 (16:30 hrs.) and 22.05.1993 (16:45 hrs.) by Shri Sanjay Pandey (PW-492), the then DCP, Zone-VIII, Bombay. The confession of A-16 with reference to the appellant is summarised below for ready reference:
(i) On 10.02.1993, the appellant went to Dubai along with other accused persons.
(ii) On 13.02.1993, he alongwith other co-accused persons travelled to Islamabad (Pakistan) for training.
(iii) He along with others attended the training of dismantling and handling of fire arms and bombs including chemical bombs as well as hand grenades in Islamabad (Pakistan).
(iv) On 07.03.1993, he attended a conspiratorial meeting held at Tigers residence at Khar wherein Tiger said that he was going to cause riots in Bombay and informed everyone not to disclose it to anyone.
(v) On 12.03.1993, A-16 handed over the pistol and rounds to the appellant.
Confessional Statement of Mohd. Iqbal Mohd. Yusuf Shaikh (A-23)
230.3 Confessional statement of A-23 under Section 15 of TADA has been recorded on 20.05.1993 (10:00 hrs.) and 22.05.1993 (10:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-23 with reference to the appellant is summarised hereunder:
(i) He was present at the residence of Tiger Memon.
(ii) He drove the vehicles in and out of the garage which were loaded with RDX.
(iii) On 12.03.1993, he was present at the time when Javed and Usman distributed a bag full of hand grenades amongst the co-accused persons.
Confessional Statement of Shahnawaz Abdul Kadar Qureshi (A-29)
230.4 Confessional statement of A-29 under Section 15 of TADA has been recorded on 18.05.1993 (18:30 hrs.) and 21.05.1993 (14:45 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-29 with reference to the appellant is summarised below for ready reference:
(i) He attended training in Pakistan for handling of arms and explosives.
(ii) On 12.03.1993 he along with other co-accused was present in the flat of Tiger Memon at Al-Hussaini Building where Javed Chikna gave Rs. 5,000/- to everyone present there.
Confessional Statement of Zakir Hussain Noor Mohd. Shaikh (A-32)
230.5 Confessional statement of A-32 under Section 15 of TADA has been recorded on 16.05.1993 (11:25 hrs.) and 19.05.1993 (17:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-32 with reference to the appellant is summarised hereunder:
(i) He travelled to Pakistan and was given a fictitious name Imran and participated in weapons training.
(ii) He left Dubai on 03.03.1993 and came back to Bombay.
(iii) He was present at the flat of Tiger Memon on 10.03.1993. On the said date, Tiger Memon formed a group for survey of the Refinery.
(iv) He was present at Al-Hussaini in the night intervening 11/12.03.1993.
(v) Usman gave pistol to the appellant and Nasim.
(vi) The appellant drove co-accused persons to Mahim Causeway where he asked them to get down and do their job of throwing hand grenades which they did and caused explosions.
(vii) After the explosion, the appellant called them into the car and drove it fast.
Confessional Statement of Abdul Khan @ Yakub Khan Akhtar Khan (A-36)
230.6 Confessional statement of A-36 under Section 15 of TADA has been recorded on 19.05.1993 (17:40 hrs.) and 21.05.1993 (18:20 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-36 with reference to the appellant is summarised below:
(i) He participated in the weapons training at Pakistan.
(ii) After return from Pakistan, Tiger Memon administered oath to all the accused persons by placing their hands on holy Quran that they will do Jehad after reaching Bombay and will take revenge for atrocities committed on Muslim community and whatever they have learnt they will not disclose it to anyone.
(iii) He was present at Al-Hussaini building along with co-accused persons.
(iv) He parked the vehicles in and out of the garages after they were filled with RDX.
(v) He was present at Al-Hussaini in the morning of 12.03.1993 and he along with others received Rs. 5,000/- from Javed Chikna.
(vi) He drove the co-accused persons and asked them to get down and explode bombs at Mahim Causeway.
Confessional Statement of Firoz @ Akram Amani Malik (A-39)
230.7 Confessional statement of A-39 under Section 15 of TADA has been recorded on 19.04.1993 (22:30 hrs.) and 23.04.1993 (20:50 hrs.) by Mr. P.D. Pawar (PW-185), the then DCP, Zone V, Bombay. The confession of A-39 with reference to the appellant is summarised below:
(i) He participated in the training of handling of arms, ammunitions and explosives.
(ii) After return from Pakistan, Tiger Memon administered oath to all of them on holy Quran that they will not disclose it to anyone.
(iii) On 07.03.1993, he attended a conspiratorial meeting at the residence of Nasir Babloo.
(iv) On 10.03.1993, the appellant, along with other co-accused persons, surveyed Shiv Sena Bhawan.
(v) He was present at Al-Hussaini building where Tiger Memon told them that they will be given Rs. 5,000/- each.
(vi) He alongwith other co-accused surveyed Chembur Refinery.
(vii) He drove the co-accused in a van to Mahim Causeway where they lobbed hand grenades at fishermens colony and caused explosions.
Confessional Statement of Nasim Ashraf Shaikh Ali Barmare (A-49)
230.8 Confessional statement of A-49 under Section 15 of TADA has been recorded on 16.05.1993 (9:30 hrs.) and 18.05.1993 by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-49 with reference to the appellant is summarised below:
(i) He participated in the weapons training at Pakistan.
(ii) He was asked by Javed to bring Maruti Car for the purpose of filling RDX in the garage.
Confessional Statement of Shaikh Ali Shaikh Umar (A-57)
230.9 Confessional statement of A-57 under Section 15 of TADA has been recorded on 19.04.1993 (12:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. A-57 with reference to the appellant stated that he participated in the filling of RDX in the vehicles.
Confessional Statement of Nasir Abdul Kadar Kewal @ Nasir Dhakla (A-64)
230.10 Confessional statement of A-64 under Section 15 of TADA has been recorded on 22.01.1995 and 24.01.1995 by Shri H.C. Singh (PW-474), the then Superintendent of Police, CBI/SPE/STF, New Delhi. The confession of A-64 with reference to the appellant is summarised below:
(i) He participated in the training in handling of arms and ammunitions at Pakistan.
(ii) He along with other co-accused persons took oath that they will take revenge against Hindus and will not disclose to anybody about the training.
(iii) He was present at Al-Hussaini in the night intervening 11/12.03.1993.
Confessional Statement of Mohd. Rafiq Usman Shaikh (A-94)
230.11 Confessional statement of A-94 under Section 15 of TADA has been recorded on 14.05.1993 (18:30 hrs.) and 16.05.1993 by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. A-94, with reference to the appellant, stated that he participated in the weapons training at Pakistan.
Confessional Statement of Niyaz Mohd. @ Aslam Iqbal Ahmed Shaikh (A-98)
230.12 Confessional statement of A-98 under Section 15 of TADA has been recorded on 17.05.1993 (14:30 hrs.) and 20.05.1993 (11:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-98 with reference to the appellant, is summarised below:
(i) He received training in handling of arms and ammunition, hand grenades and making of bombs by using RDX.
(ii) He along with other co-accused took oath of maintaining secrecy and committing Jehad for the sake of Islam. Further, he was also present when Tiger spoke about the atrocities committed on Muslims during the communal riots in Bombay and taking revenge for the same.
Confessional Statement of Parvez Mohd. Parvez Zulfikar Qureshi (A-100)
230.13 Confessional statement of A-100 under Section 15 of TADA has been recorded on 15.04.1993 (23:30 hrs.) and 17.04.1993 (17:00 hrs.) by Shri Sanjay Pandey (PW-492), the then DCP, Zone-VIII, Bombay. The confession of A-100 with reference to the appellant is summarised below:
(i) He participated in the weapons training at Pakistan.
(ii) He was present in Dubai when at the instance of Tiger Memon, he and other co-accused took oath of maintaining secrecy and committing Jehad for the sake of Islam. Further, he was also present when Tiger spoke about the atrocities committed on Muslims during the communal riots in Bombay and taking revenge for the same.
(iii) He was present at Al-Hussaini building when Tiger distributed Rs. 5,000/- to all the accused persons
(iv) He was present at Tiger Memons residence at Al-Hussaini Building on the night intervening 11/12.03.1993.
(v) He was driving the Maruti Van.
231. A perusal of the confessional statements of all the above accused, viz., A-13, A-16, A-23, A-29, A-32, A-36, A-39, A-49, A-57, A-64, A-94, A-98 and A-100 clearly establish the fact that it corroborate with each other and also with the confessional statement of the appellant (A-52). After consideration of all the abovesaid confessional statements of the co-accused, the involvement of the appellant in the conspiracy is established in as much as:
(i) The appellant attended the conspiratorial meeting at the residence of Tiger Memon.
(ii) The appellant was present at Al-Hussaini in the night intervening 11/12.03.1993 and witnessed the filling of RDX in vehicles.
(iii) On 12.03.1993, Javed and Usman (PW-2) distributed a bag full of hand grenades amongst the co-accused persons in his presence.
(iv) The appellant traveled to Dubai on 11.02.1993 and returned Bombay on 03.03.1993.
(v) The appellant attended training in arms and ammunitions at Pakistan where he was given a fictitious name.
(vi) The appellant, along with other co-accused persons, took oath on Holy Quran to combat Jehad against Hindus.
(vii) The appellant drove the co-accused persons in a Maruti Van to Mahim Causeway where they lobbed hand grenades at Fishermens colony causing explosions.
(viii) The appellant was also carrying a pistol.
(ix) The confession of A-32 shows that the appellant was not merely a driver, in fact, he was the Commander of his group.
232. It is contended by Mr. Mustaq Ahmed on behalf of the appellant that the appellant has been addressed to by various accused persons by different names, viz., Salim Bazarwala, Salim Dandekar, Salim Driver and Salim Kapadwala which refer to different persons and not the appellant-accused whose real name is Salim Babu Wrane alias Salim Rahim Shaikh and thus, in view of this, there is doubt as to the actual presence of the appellant-accused referred to in the above confessions. Further, it is also contended that the prosecution has falsely manufactured a case against him by putting different names. The appellant-accused was known by different names to different co-accused persons and this does not, in anyway, dispute the involvement of the appellant in the crime. From the confessions of the co- accused and also from his own confession, it is evident that there is corroboration of his involvement in the crime. Each confession corroborates with the fact of presence of the appellant and connects him to the crime. Moreover, there is no contradiction or discrepancy in the above confessions pertaining to the involvement of the appellant. The appellant has been identified by the eyewitnesses which further corroborate the confessions and establish the identity of the appellant.
233. It is further contended on behalf of the appellant that the prosecution has mislead the court and created confusion by referring to and addressing Mahim Causeway as Mahim Koliwada at one place and as Fishermens Colony at the other and sometimes also referred to it as Macchimar Colony. From the materials placed, it is established that Mahim Causeway, Mahim Koliwada, Fishermens Colony and Macchimar Colony are one and the same locality and is locally known and addressed by these names by its residents. Further, this locality is inhabited by the Marathi and Konkani speaking fishermen community. Hence, the names Koliwada and Macchimar mean fishermens colony in Konkani and Marathi respectively.
Deposition of Prosecution Witnesses:
234. Apart from the aforesaid evidence, the involvement and the role of the appellant in the conspiracy, as stated above, is disclosed by the deposition of various prosecution witnesses which are as under:
Deposition of Mohd. Usman Jan Khan (PW-2)
234.1 The relevant material in his evidence is as follows:-
i) He deposed that he knows the appellant as Salim Bazarwala.
ii) He identified the appellant in the court.
(iii) He deposed that the appellant travelled to Pakistan via Dubai.
(iv) He deposed that the appellant was given a fictitious name Imran.
(v) He deposed about the training at Pakistan.
(vi) He deposed that the appellant was present in the conspiratorial meeting.
(vii) He deposed that the appellant was present in the meeting at the residence of Babloo.
(viii) He deposed about the survey of refinery along with the appellant and other co-accused.
(ix) He deposed that the appellant was given a pistol and rounds.
(x) He deposed that the appellant was given the role to move the vehicles in and out of the garage which were filled with RDX.
(xi) He deposed that the appellant along with other co-accused was instructed by Javed Chikna to throw hand grenades at Fishermens Colony, Mahim on 12.03.1993.
The above deposition of the Approver duly corroborates with the confessions of the co-accused as well as the confession made by the appellant.Salim R. Shaikh @ Salim Babu Wrane v. The State of Maharashtra [P. Sathasivam, J.]
Eye witnesses:
Deposition of Laxman Patil (PW-5)
234.2 PW-5 is a resident of the Fishermens Colony. He witnessed the incident while he was waiting on the road.
(i) He deposed that the driver was sitting in the van and the engine was in start condition.
(ii) He identified the appellant in court.
(iii) He identified the appellant in TIP dated 15.05.1993 conducted by Special Executive Magistrate, Moreshwar P. Thakur (PW-469) at Mahim Police Station.
(iv) He also identified the vehicle No. MP-13-D-385 as the car in which the appellant came to Mahim slope in order to throw hand grenades.
Deposition of Santosh Patil (PW-6)
234.3 PW-6 is a resident of Mahim Fishermens Colony and deposed as under:
(i) He deposed that he witnessed the incident while he was waiting near the Municipal School at Mahim Slope and further saw that the driver of the van was calling for the persons lobbing the hand grenades to get into the car after explosion.
(ii) He identified the appellant in the court.
(iii) He identified the appellant in TIP dated 15.05.1993 conducted by Special Executive Magistrate (PW-469) at Mahim Police Station.
(iv) He also identified the vehicle No. MP-13-D-385 as the car in which the appellant came to Mahim slope in order to throw hand grenades.
Deposition of Shashikant Shetty (PW 13)
234.4 PW-13 is also an eye-witness and a resident of Mahim Fishermens Colony. He witnessed a part of the incident when he came out after hearing the sound of explosions. His deposition reveals as under:-
(i) He identified the appellant in Court being the driver of the van.
(ii) He also identified the appellant in the identification parade dated 15.05.1993 conducted by Special Executive Magistrate (PW-469) at Mahim police station.
(iii) He also identified the Maruti Van bearing No. MP-D-13-385 in which accused persons came to Mahim Machhimar colony.
(iv) He lodged an FIR in respect of explosions at Mahim Fishermens colony.
235. All the aforesaid eye witnesses to the said incident have consistently deposed that the appellant was driving the van which came to fishermens colony and caused explosions. They have identified the appellant in the court. They further identified the Maruti van bearing number MP-D-13-385 as the vehicle in which the appellant alongwith other co-accused came to the scene of the crime and fled away after lobbing the hand grenades.
Investigation, Recoveries and Reports:
236. The aforesaid eye-witnesses viz., PWs-5, 6 and 13 have duly identified the appellant in the TIP dated 15.05.1993 conducted by Shri Moreshwar Thakur (PW-469) for which memorandum panchnama marked as Exh. 1515 was prepared.
237. On 12.03.1993, Shantaram Gangaram Hire (PW-562), Police Officer, visited the blast site i.e., Fishermens colony at Mahim and prepared spot panchnama in the presence of panch witnesses, viz., Dayaram Timbak Akare and Mahendra Sadanand Mehre. PW-562, in the presence of Tamore (PW-330) and experts collected the articles from the blast site vide Panchnama Exh. No. 1221 which were sent to the Forensic Science Laboratory (FSL) for opinion. The FSL Report Exh. Nos. 1943, 1943-A(i) and 1943-A(ii) proved the remnants to be explosives and part of hand grenades.
238. The deposition of panch witness Sakharam Sathe (PW-35) reveals discovery of a pistol and 48 rounds belonging to the appellant from Zopada in Bainganwadi. The discovery was made at the instance of the appellant who led the police party and the panchas to the place of recovery. Exh. 102 is the panchanama of all the events correctly drawn by A.P.I. Shri Kolekar (PW-526). Article Nos. 38 and 39 are the said pistol and 46 intact cartridges and two empties out of 48 cartridges seized by him on 13.04.1993 from the said hutments at Bainganwadi at Govandi is under the panchanama Exh.102.
Evidence regarding injured victims and deceased
239. It is seen from the records that in July, 1993, Achyut Shamrao Pawal (PW-542), Police Inspector, collected the injury certificates of injured persons, namely, Mr. Gurudutt Agaskar, Ms. Rajashri Agaskar and Ms. Sheetal Keni from Bhaba Hospital which amply prove that they sustained injuries during the blast. Injured Shashikant Shetty (PW-13) and Sheetal Keni (PW-412) also proved to have sustained injuries during the blast. Dr. Wadekar (PW-641) and Dr. Krishna Kumar (PW-640) were the doctors who have proved the injury certificates issued to PW-13 and PW-412 respectively.
240. Gajanan Tare (PW-413) (husband of the deceased Gulab Tare) and Karande (PW-414) (nephew of the deceased Hira Dhondu Sawant) claimants of two bodies, have proved the death of Mrs. Gulab Tare (wife of PW-413) and Smt. Hira Dhondu Sawant (PW 414s aunt) in the said incident. PW-482 and PW-480 have established the cause of death to be the injuries received on 12.03.1993. Achyut Shamrao Pawal (PW-542) also proved the death of 3 persons at Fishermens Colony in the said incident.
Vehicle used for committing the act:
241. It is seen from the materials that the said Maruti Van in which A-13, A-32, A-36, A-39, A-43 and Mehboob Liyaqat Khan (AA) was driven by the appellant to cause blasts at Mahim Fishermens Colony was arranged by Suleman Lakdawala (PW-365) at the behest of Mohd. Shafi Zariwala (AA). This has also been proved by the said witness. Further, the depositions of Kailash Govind Rao Baheti (PW-342) and Shakeel Suleman Hasham (PW-366) are pertinent as it complete the link relating to purchase/arrangement of the said Maruti Van used in the incident.
Deposition of Kailash Govind Rao Baheti (PW-342)
241.1 He deposed as follows:-
On 18.01.1993 I had received a telephone call given by Shakil Hasham from Bombay. Shakil requested me to book one red coloured Maruti Van in the name of Asif Darvesh resident of M.G. Road, Indore and another new Maruti Van of blue colour in the name of Shri Kasam Ahmed residing at Indira Nagar, Ujjain. He also requested me to register both the Maruti Van at Indore and send the same to Bombay. He also told me that the payments of the same would be made at Bombay to the driver. I quoted a price of Rs.1,69,000/- per vehicle inclusive of registration and transport charges. I was having red coloured Maruti Van brought by me from M/s Bhatia & Company, Gurgaon, Haryana and blue coloured Maruti Van brought from Vipul Motors, Faridabad, Haryana, in my stock. I had brought both the said vehicles by making advance payment. After receipt of booking from Shakil Hasham for red and blue coloured brand new Maruti Vans, I informed the details of the purchasers to M/s Bhatia Company and M/s Vipul Motors. After receipt of the said letters and bills from both the said companies in the name of purchasers who wanted red and blue Maruti Vans I sent papers of both the Vans for registration to RTO. The blue coloured Maruti Van was registered in the name of Kasam Ahmed at Ujjain RTO. The blue coloured Maruti Van could not be registered at Indore due to lack of E-Form necessary for registration. Thereafter, I sent both the said Vans to Bombay to Shakil Hasham. Shakil Hasham received the delivery and paid Rs.3,38,000/- to my drivers. My drivers gave the said amount to me. I made the necessary entries in my office record for sending the said Vans to Bombay to Shakil Hasham after purchasing the same for the parties told by him. The RTO Authority at Ujjain had given registration Number MP-13-D-0385 to blue coloured Maruti Van. Today I am not remembering the engine number and chassis number of the said Maruti Van.
Deposition of Shakeel Suleman Hasham (PW-366)
241.2 In his deposition, he deposed that he had asked PW-342 to arrange for two Maruti Vans (red and blue colour) in February, 1993. Both the vans were purchased in Madhya Pradesh and the blue Maruti Van was registered in Ujjain with the registration number MP-13-D-0385. PW-366 further deposed as under:
In the same month (February 1993) I had also arranged for one blue colour and another red colour Maruti Vans also registered at Madhya Pradesh for Suleman Lakdawala. The said vehicles were registered at Madhya Pradesh Indore in the name of the purchasers given to me by Suleman Lakdawala. I had given the work of registration to one Kailash baheti of Indore. Both the said vans were insured by Insurance Agent Rakesh Tiwari before giving the same to Suleman Lakdawala. Both the said vehicles had arrived from Indore. I had sent the same to the Petrol pump of Suleman and asked him to take the delivery from the said drivers who had brought the delivery of the said vehicles. Accordingly he took the delivery by making payment to the drivers.
241.3 It is relevant to note that this number and the said blue Maruti Van has been identified by PWs-5, 6 and 13 in their depositions as the vehicle which was involved in the said incident at Fishermens Colony. Thus, PW- 342, therefore, corroborates the deposition of PW-366 in that both the Vans were purchased in Madhya Pradesh and the blue Maruti Van was registered in Ujjain and was given registration number bearing MP-13-D-0385.
242. Further, the deposition of Mukhtar Ahmed (PW-281) reveals that the cavity was prepared by him in the said Maruti Van at the behest of Mohd. Shafi Zariwala (AA). This further corroborates the fact that it is the same vehicle which was used in the Mahim Causeway incident.
Evidence of travel to Dubai for training at Pakistan:
Deposition of Asmita Ashish Bhosale (PW-215)
243. PW-215, an Immigration Officer, proved the Embarkation Card (X-315) (Box no. 18) that was submitted at Sahar Airport on 11.02.1993 concerning the departure of the appellant who was flying to Dubai. The relevant entries have been marked as Exh. Nos. 964, 964-A, 964-A(1) and 964-A(2).
Deposition of Dadasaheb Godse (PW-238)
243.1 PW-238, an Immigration Officer proved the arrival of the appellant to Bombay from Dubai on 03.03.1993. The relevant endorsements on the Disembarkation Card (X-394) (Box no. 18) have been marked as Exh. Nos. 1042-A(1) and 1042-A(2) colly.
244. The above depositions further corroborate with the confession made by the appellant that he had been to Dubai on 11.02.1993 and had returned to Bombay on 03.03.1993.
245. In view of the above, it can safely be inferred that the appellant had acquired skill for commission of terrorist acts after the training in handling sophisticated arms and ammunitions at Pakistan. He took oath that he will take revenge for the killing of his aunt during riots and also that he will take revenge from Hindus and will not disclose about the conspiracy to anyone. He engaged himself in commission of acts furthering the object of conspiracy which was heinous having scant disregard for human life. The appellant parked the cars in and out of the garages which were filled with RDX and thereby assisted in the preparation of motor vehicle bombs which were planted by other co-conspirators which caused considerable damage to the property and lives of the people. The appellant was also responsible for taking the other co-conspirators to Mahim Fishermens Colony for commission of terrorist acts and, thereafter, they fled away from that place and he was placed in a commanding capacity.
246. Pursuant to the conspiracy, the appellant has actively participated in various conspiratorial acts of planning, training, preparation and execution. The evidence on record clearly proved the charges against the appellant beyond reasonable doubt.
Sentence
247. Regarding sentence, it is seen that the appellant was given full opportunity to put forth his defence on the question of sentence. He filed a statement dated 18.12.2006 on the quantum of sentence (Ex. 3054). All his grievances were duly considered by the Designated Court. In view of our discussion, we fully agree with the conclusion arrived and there is no valid reason for interference. Consequently, the appeal fails and is liable to be dismissed.
222. Mr. Mustaq Ahmed, learned counsel appeared for the appellant (A-52) and Mr. Mukul Gupta, learned senior counsel duly assisted by Mr. Satyakam, learned counsel for respondent (CBI)
223. The instant appeal is directed against the final order and judgment of conviction and sentence dated 04.12.2006 and 14.06.2007 respectively, whereby the appellant (A-52) has been convicted and sentenced to rigorous imprisonment (RI) for life by the Designated Court under TADA for the Bombay Bomb Blast Case, Greater Bombay in B.B.C. No.1/1993.
Charges:
224. A common charge of conspiracy was framed against all the co-conspirators including the appellant (A-52). The relevant portion of the said 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 (U.A.E.) and 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, hand grenades and other explosive 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 or 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, hand grenades 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 IPC read with Sections 3(2)(i)(ii), 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.
224.1 In addition to the above-said principal charge of conspiracy, the appellant was also charged on the following counts:
At head Secondly; The appellant committed an offence punishable under section 3(3) of TADA by doing the following overt acts:
(a) He participated in the training in handling of arms, ammunitions and explosives in Pakistan for which he travelled in a fictitious name as Salim Babu Wrane;
(b) He assisted in the preparation of vehicle bombs by filling explosives therein, at Al-Hussaini Building for planting the same at various places in Bombay and its suburbs.
At head Thirdly; The appellant drove to Mahim Causeway on 12.03.1993 alongwith other co-accused in a Maruti Van bearing No. MP-13-D-385 and lobbed hand grenades on the hutments causing explosions resulting into death of 3 persons, injuries to 6 others and damage to property worth Rs. 50,000/- and thereby committed an offence punishable under section 3(3) of TADA read with Section 149 IPC.
At head Fourthly; The appellant, alongwith other co-accused persons, was a part of an unlawful assembly as mentioned above, while throwing the hand grenades at the said hutments at Mahim Causeway, which resulted in death, injuries and damage to properties and thereby committed an offence punishable under Section 148 IPC.
At head Fifthly; The appellant, by causing the death of 3 persons as mentioned above, committed an offence punishable under Section 302 read with Section 149 IPC.
At head Sixthly; The appellant, by causing the abovesaid explosions, which caused death and injuries to various persons committed an offence punishable under Section 307 read with Section 149 IPC.
At head Seventhly; The appellant, by causing the abovesaid explosions, which resulted in injuries to various persons also committed an offence punishable under Section 324 read with Section 149 IPC.
At head Eighthly; The appellant, by causing the aforesaid explosions, which resulted into damage to the properties worth Rs. 50,000/-, committed an offence punishable under section 436 read with section 149 IPC.
At head Ninthly; During the period from January, 1993, to 26th April 1993, the appellant possessed one 9mm mouser pistol and 48 cartridges, which he concealed at Bainganwadi hutments, Govandi, unauthorisedly, in a notified area of Greater Bombay and thereby committed an offence punishable under Section 5 of TADA.
At head Tenthly; The appellant, possessed arms and ammunition and concealed the same with intent to commit terrorist acts and thereby committed an offence punishable under Section 6 of TADA.
At head Eleventhly; The appellant, by possessing the above mentioned arms and ammunitions, unauthorisedly, committed an offence punishable under Section 3 and Section 7 read with Section 25(1-A) and 25(1-B)(a) of the Arms Act, 1959.
225. The charges mentioned above were proved against the appellant (A-52). The appellant has been convicted and sentenced for the above said charges as under:
Conviction and Sentence:
i) The appellant has been convicted for the offence of conspiracy under Section 3(3) of TADA and under Section 120-B of IPC and sentenced to RI for life along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charge firstly)
(ii) The appellant has also been convicted for the commission of offence punishable under Section 3(3) of TADA and sentenced to RI for 10 years alongwith a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charge secondly)
(iii) The appellant has also been convicted for the commission of offence punishable under Section 3(3) of TADA and sentenced to RI for 14 years alongwith a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charge thirdly)
(iv) The appellant has also been convicted for the commission of such acts as found proved under Section 148 of IPC and sentenced to undergo RI for 1 year. (charge fourthly)
(v) The appellant has also been convicted for the commission of such acts as found proved under Section 302 read with Section 149 of IPC and sentenced to RI for life along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charge fifthly)
(vi) The appellant has been convicted for the commission of such acts as found proved under Section 307 read with Section 149 of IPC and sentenced to RI for 10 years along with a fine of Rs. 10,000/-, in default, to further undergo RI for 3 months. (charge sixthly)
(vii) The appellant has been convicted for the commission of such acts as found proved under Section 324 read with Section 149 of IPC and sentenced to RI for 2 years. (charge seventhly)
(viii) The appellant has been convicted for the commission of such acts as found proved under Section 436 read with Section 149 of IPC and sentenced to RI for 10 years along with a fine of Rs. 5,000/-, in default, to further undergo RI for 1 month. (charge eighthly)
(ix) The appellant has been convicted for the commission of such acts as found proved under Section 5 of TADA and sentenced to RI for 6 years along with a fine of Rs. 25,000/-, in default, to further undergo RI for 6 months. (charge ninthly)
(x) The appellant has also been convicted for the offence committed under Section 3 and Section 7 read with Section 25(1A) and 25(1B)(a) of the Arms Act, 1959, but no separate sentence was awarded on the said count. (charge eleventhly)
Evidence
226. The evidence against the appellant (A-52) is in the form of:-
(i) his own confession;
(ii) confessions made by other co-conspirators; (co-accused);
(iii) testimony of prosecution witnesses; and
(iv) documentary evidence.
Confessional statement of Salim Rahim Shaikh @ Salim Babu Wrane (A-52)
227. The involvement of the appellant in the conspiracy is evident from his own confession recorded under section 15 of TADA on 15.04.1993 (20:45 hrs.) and 18.04.1993 (10:30 hrs.) by Mr. P.D. Pawar (PW-185), the then DCP, Zone V, Bombay. We were taken through his entire confessional statement. His confession reveals as under:-
(i) He was residing at Mahim during 1992-93 when riots took place.
(ii) His maternal aunt was killed during riots in January, 1993 and he took oath to take revenge for her death.
(iii) On 11.02.1993, at the instance of Javed Chikna (AA), he was taken by Mohammed Usman Jan Khan (PW-2) and Mohammed Farooq Mohammed Yusuf Pawale (A-16) to the Airport from where he left for Dubai alongwith others for training.
(iv) He knew Tiger Memon and was aware of his illegal activities.
(v) In Dubai, on 13.02.1993, he attended a meeting in which Tiger Memon and Javed Chikna discussed about the communal riots.
(vi) On 14.02.1993, he alongwith Javed Chikna and other co-accused, went to Dubai from Islamabad at the instance of Tiger.
(vii) In Islamabad, on 17.02.1993, he alongwith others was taken to the training camp in a jungle where they all were trained in firing arms, opening and assembling of LMG, throwing handgrenades, RDX, detonators, timer pencils etc.
(viii) On 28.02.1993, he alongwith other co-accused persons left Islamabad and reached Dubai where Tiger Memon administered oath to them on Quran that they will not fight with each other and will not disclose anything about the said training and will cause loss to those persons who had caused loss to their community.
(ix) On 03.03.1993, he alongwith others, returned to Bombay.
(x) Thereafter, he attended a meeting held by Tiger at the residence of Babloo at Khar in which they decided to blast bombs in Bombay after Ramzan.
(xi) Next day, he attended another meeting at Tiger’s residence in which Tiger gave Rs. 5,000/- to each one of them and he was attached with the group of Usman.
(xii) Next day, he also attended another meeting at the flat of Tiger Memon.
(xiii) On 10.03.1993, he, alongwith PW-2 and Firoz @Akram Amani Malik (A-39) went to Bharat Petroleum Refinery, Chembur for survey. Thereafter, they met Tiger Memon and informed him about the infeasibility of causing blast at the said refinery owing to the presence of security guards.
(xiv) Thereafter, on the instructions of Tiger Memon, he again went to survey the said refinery along with Bashir and Zakir Hussain Noor Mohammed Shaikh (A-32) and informed Tiger and Usman about the risk.
(xv) On 11.03.1993, he and others were told by Usman, in the presence of Tiger, to throw hand grenades in Fishermen’s colony, Mahim, at which time the appellant refused but agreed to drive the vehicle for them.
(xvi) On the same day, in the night, he went to the Tiger’s residence at Al-Hussaini building where Tiger, Javed Chikna and others were also present. In the garage of the said building, he saw that RDX was being loaded into the vehicles and scooters. He parked some of the RDX-laden vehicles outside the garage since he thought his hands would become black due to the colour of RDX.
(xvii) On 12.03.1993, at about 2.00 p.m., he took a pistol with magazines and drove A-32, Mohammed Moin Faridulla Qureshi (A-43) and others in Tigers Maruti van containing 30 hand grenades to Mahim slope Koliwada, where the hand grenades were to be thrown as per the plan.
(xviii) After reaching Mahim Koliwada, while he was on the driver’s seat and the car engine being on, other persons sitting in the van came out of the vehicle and threw hand grenades causing blasts.
(xix) After throwing hand grenades, they immediately boarded the said Maruti van which was driven by him and sped away towards Bandra Reclamation whereafter going a little ahead and taking a right turn, all five persons got down from the van and left. At that time, A-39 took the bag of hand grenades in which A-52s pistol was also kept and left with all others.
(xx) Thereafter, he (A-52) parked the vehicle there and went to Tiger’s house where he had parked his scooter and then went to Versova at his cousins house.
(xxi) On the next day, since the police was investigating the blasts, he took refuge in Madina Masjid and did not go to his house.
228. On perusal of the above confession of the appellant, the following facts emerge
(i) He took oath to take revenge for his aunts death in the riots;
(ii) He participated in a meeting at Dubai where Tiger Memon and Javed Chikna spoke about communal riots;
(iii) He participated in the weapons training at Pakistan for the purpose of committing terrorist acts;
(iv) He took oath on holy Quran that he will remain together, will not fight with each other and will not tell anyone about the training including his wife, children and relatives and further will cause loss to the persons who had caused loss to the people of his community;
(v) He was present in the garage at Al-Hussaini Building in the night intervening 11/12.03.1993 when RDX was being filled in vehicles;
(vi) He parked the vehicles loaded with RDX in and out of the garage;
(vii) He drove co-accused persons in a Maruti Van No. MP-13-D-385 to Mahim Causeway where hand grenades were thrown on the hutments.
(viii) He carried a pistol along with him.
229. A perusal of his entire confession, questions put by the recording officer and the procedure followed clearly show that the abovesaid confession is voluntary, without any pressure or coercion and the same has been recorded after following all the safeguards enumerated under Section 15 of TADA and the rules framed thereunder.
230. 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 already been considered by us in the earlier part of our discussion. The said confessions insofar as they refer to the appellant (A-52) are summarized hereinbelow:
Confessional Statement of Bashir Ahmed Usman Gani Khairulla (A-13)
230.1 Confessional statement of A-13 under section 15 of TADA has been recorded on 16.05.1993 (10:30 hrs.) and 18.05.1993 (17:15 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-13 with reference to the appellant is summarised below:
(i) On 11.03.1993, the appellant was present at Tigers residence along with other co-accused persons.
(ii) He was present in the garage of Al-Hussaini Building when RDX was being loaded in vehicles.
(iii) In the morning of 12.03.1993, the appellant was present at Tigers residence, where Javed gave Rs. 5,000/- to everyone present therein including the appellant and told A-13 to accompany the appellant along with others in a Maruti van in order to throw hand grenades at Mahim Causeway slope.
(iv) The appellant drove the Van to Mahim Causeway in which A-13, Mehmood, Feroz, Zakir and Abdul Akhtar were also seated.
(v) On reaching the fishermens colony at Mahim, the appellant informed everyone in the van to be ready to throw hand grenades and parked the van on the roadside after which they threw handgrenades at fishermens colony and caused explosions. The appellant was also carrying a pistol with him.
Confessional Statement of Mohd. Farooq Mohd. Yusuf Pawale (A-16)
230.2 Confessional statement of A-16 under Section 15 of TADA has been recorded on 20.05.1993 (16:30 hrs.) and 22.05.1993 (16:45 hrs.) by Shri Sanjay Pandey (PW-492), the then DCP, Zone-VIII, Bombay. The confession of A-16 with reference to the appellant is summarised below for ready reference:
(i) On 10.02.1993, the appellant went to Dubai along with other accused persons.
(ii) On 13.02.1993, he alongwith other co-accused persons travelled to Islamabad (Pakistan) for training.
(iii) He along with others attended the training of dismantling and handling of fire arms and bombs including chemical bombs as well as hand grenades in Islamabad (Pakistan).
(iv) On 07.03.1993, he attended a conspiratorial meeting held at Tigers residence at Khar wherein Tiger said that he was going to cause riots in Bombay and informed everyone not to disclose it to anyone.
(v) On 12.03.1993, A-16 handed over the pistol and rounds to the appellant.
Confessional Statement of Mohd. Iqbal Mohd. Yusuf Shaikh (A-23)
230.3 Confessional statement of A-23 under Section 15 of TADA has been recorded on 20.05.1993 (10:00 hrs.) and 22.05.1993 (10:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-23 with reference to the appellant is summarised hereunder:
(i) He was present at the residence of Tiger Memon.
(ii) He drove the vehicles in and out of the garage which were loaded with RDX.
(iii) On 12.03.1993, he was present at the time when Javed and Usman distributed a bag full of hand grenades amongst the co-accused persons.
Confessional Statement of Shahnawaz Abdul Kadar Qureshi (A-29)
230.4 Confessional statement of A-29 under Section 15 of TADA has been recorded on 18.05.1993 (18:30 hrs.) and 21.05.1993 (14:45 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-29 with reference to the appellant is summarised below for ready reference:
(i) He attended training in Pakistan for handling of arms and explosives.
(ii) On 12.03.1993 he along with other co-accused was present in the flat of Tiger Memon at Al-Hussaini Building where Javed Chikna gave Rs. 5,000/- to everyone present there.
Confessional Statement of Zakir Hussain Noor Mohd. Shaikh (A-32)
230.5 Confessional statement of A-32 under Section 15 of TADA has been recorded on 16.05.1993 (11:25 hrs.) and 19.05.1993 (17:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-32 with reference to the appellant is summarised hereunder:
(i) He travelled to Pakistan and was given a fictitious name Imran and participated in weapons training.
(ii) He left Dubai on 03.03.1993 and came back to Bombay.
(iii) He was present at the flat of Tiger Memon on 10.03.1993. On the said date, Tiger Memon formed a group for survey of the Refinery.
(iv) He was present at Al-Hussaini in the night intervening 11/12.03.1993.
(v) Usman gave pistol to the appellant and Nasim.
(vi) The appellant drove co-accused persons to Mahim Causeway where he asked them to get down and do their job of throwing hand grenades which they did and caused explosions.
(vii) After the explosion, the appellant called them into the car and drove it fast.
Confessional Statement of Abdul Khan @ Yakub Khan Akhtar Khan (A-36)
230.6 Confessional statement of A-36 under Section 15 of TADA has been recorded on 19.05.1993 (17:40 hrs.) and 21.05.1993 (18:20 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-36 with reference to the appellant is summarised below:
(i) He participated in the weapons training at Pakistan.
(ii) After return from Pakistan, Tiger Memon administered oath to all the accused persons by placing their hands on holy Quran that they will do Jehad after reaching Bombay and will take revenge for atrocities committed on Muslim community and whatever they have learnt they will not disclose it to anyone.
(iii) He was present at Al-Hussaini building along with co-accused persons.
(iv) He parked the vehicles in and out of the garages after they were filled with RDX.
(v) He was present at Al-Hussaini in the morning of 12.03.1993 and he along with others received Rs. 5,000/- from Javed Chikna.
(vi) He drove the co-accused persons and asked them to get down and explode bombs at Mahim Causeway.
Confessional Statement of Firoz @ Akram Amani Malik (A-39)
230.7 Confessional statement of A-39 under Section 15 of TADA has been recorded on 19.04.1993 (22:30 hrs.) and 23.04.1993 (20:50 hrs.) by Mr. P.D. Pawar (PW-185), the then DCP, Zone V, Bombay. The confession of A-39 with reference to the appellant is summarised below:
(i) He participated in the training of handling of arms, ammunitions and explosives.
(ii) After return from Pakistan, Tiger Memon administered oath to all of them on holy Quran that they will not disclose it to anyone.
(iii) On 07.03.1993, he attended a conspiratorial meeting at the residence of Nasir Babloo.
(iv) On 10.03.1993, the appellant, along with other co-accused persons, surveyed Shiv Sena Bhawan.
(v) He was present at Al-Hussaini building where Tiger Memon told them that they will be given Rs. 5,000/- each.
(vi) He alongwith other co-accused surveyed Chembur Refinery.
(vii) He drove the co-accused in a van to Mahim Causeway where they lobbed hand grenades at fishermens colony and caused explosions.
Confessional Statement of Nasim Ashraf Shaikh Ali Barmare (A-49)
230.8 Confessional statement of A-49 under Section 15 of TADA has been recorded on 16.05.1993 (9:30 hrs.) and 18.05.1993 by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-49 with reference to the appellant is summarised below:
(i) He participated in the weapons training at Pakistan.
(ii) He was asked by Javed to bring Maruti Car for the purpose of filling RDX in the garage.
Confessional Statement of Shaikh Ali Shaikh Umar (A-57)
230.9 Confessional statement of A-57 under Section 15 of TADA has been recorded on 19.04.1993 (12:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. A-57 with reference to the appellant stated that he participated in the filling of RDX in the vehicles.
Confessional Statement of Nasir Abdul Kadar Kewal @ Nasir Dhakla (A-64)
230.10 Confessional statement of A-64 under Section 15 of TADA has been recorded on 22.01.1995 and 24.01.1995 by Shri H.C. Singh (PW-474), the then Superintendent of Police, CBI/SPE/STF, New Delhi. The confession of A-64 with reference to the appellant is summarised below:
(i) He participated in the training in handling of arms and ammunitions at Pakistan.
(ii) He along with other co-accused persons took oath that they will take revenge against Hindus and will not disclose to anybody about the training.
(iii) He was present at Al-Hussaini in the night intervening 11/12.03.1993.
Confessional Statement of Mohd. Rafiq Usman Shaikh (A-94)
230.11 Confessional statement of A-94 under Section 15 of TADA has been recorded on 14.05.1993 (18:30 hrs.) and 16.05.1993 by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. A-94, with reference to the appellant, stated that he participated in the weapons training at Pakistan.
Confessional Statement of Niyaz Mohd. @ Aslam Iqbal Ahmed Shaikh (A-98)
230.12 Confessional statement of A-98 under Section 15 of TADA has been recorded on 17.05.1993 (14:30 hrs.) and 20.05.1993 (11:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The confession of A-98 with reference to the appellant, is summarised below:
(i) He received training in handling of arms and ammunition, hand grenades and making of bombs by using RDX.
(ii) He along with other co-accused took oath of maintaining secrecy and committing Jehad for the sake of Islam. Further, he was also present when Tiger spoke about the atrocities committed on Muslims during the communal riots in Bombay and taking revenge for the same.
Confessional Statement of Parvez Mohd. Parvez Zulfikar Qureshi (A-100)
230.13 Confessional statement of A-100 under Section 15 of TADA has been recorded on 15.04.1993 (23:30 hrs.) and 17.04.1993 (17:00 hrs.) by Shri Sanjay Pandey (PW-492), the then DCP, Zone-VIII, Bombay. The confession of A-100 with reference to the appellant is summarised below:
(i) He participated in the weapons training at Pakistan.
(ii) He was present in Dubai when at the instance of Tiger Memon, he and other co-accused took oath of maintaining secrecy and committing Jehad for the sake of Islam. Further, he was also present when Tiger spoke about the atrocities committed on Muslims during the communal riots in Bombay and taking revenge for the same.
(iii) He was present at Al-Hussaini building when Tiger distributed Rs. 5,000/- to all the accused persons
(iv) He was present at Tiger Memons residence at Al-Hussaini Building on the night intervening 11/12.03.1993.
(v) He was driving the Maruti Van.
231. A perusal of the confessional statements of all the above accused, viz., A-13, A-16, A-23, A-29, A-32, A-36, A-39, A-49, A-57, A-64, A-94, A-98 and A-100 clearly establish the fact that it corroborate with each other and also with the confessional statement of the appellant (A-52). After consideration of all the abovesaid confessional statements of the co-accused, the involvement of the appellant in the conspiracy is established in as much as:
(i) The appellant attended the conspiratorial meeting at the residence of Tiger Memon.
(ii) The appellant was present at Al-Hussaini in the night intervening 11/12.03.1993 and witnessed the filling of RDX in vehicles.
(iii) On 12.03.1993, Javed and Usman (PW-2) distributed a bag full of hand grenades amongst the co-accused persons in his presence.
(iv) The appellant traveled to Dubai on 11.02.1993 and returned Bombay on 03.03.1993.
(v) The appellant attended training in arms and ammunitions at Pakistan where he was given a fictitious name.
(vi) The appellant, along with other co-accused persons, took oath on Holy Quran to combat Jehad against Hindus.
(vii) The appellant drove the co-accused persons in a Maruti Van to Mahim Causeway where they lobbed hand grenades at Fishermens colony causing explosions.
(viii) The appellant was also carrying a pistol.
(ix) The confession of A-32 shows that the appellant was not merely a driver, in fact, he was the Commander of his group.
232. It is contended by Mr. Mustaq Ahmed on behalf of the appellant that the appellant has been addressed to by various accused persons by different names, viz., Salim Bazarwala, Salim Dandekar, Salim Driver and Salim Kapadwala which refer to different persons and not the appellant-accused whose real name is Salim Babu Wrane alias Salim Rahim Shaikh and thus, in view of this, there is doubt as to the actual presence of the appellant-accused referred to in the above confessions. Further, it is also contended that the prosecution has falsely manufactured a case against him by putting different names. The appellant-accused was known by different names to different co-accused persons and this does not, in anyway, dispute the involvement of the appellant in the crime. From the confessions of the co- accused and also from his own confession, it is evident that there is corroboration of his involvement in the crime. Each confession corroborates with the fact of presence of the appellant and connects him to the crime. Moreover, there is no contradiction or discrepancy in the above confessions pertaining to the involvement of the appellant. The appellant has been identified by the eyewitnesses which further corroborate the confessions and establish the identity of the appellant.
233. It is further contended on behalf of the appellant that the prosecution has mislead the court and created confusion by referring to and addressing Mahim Causeway as Mahim Koliwada at one place and as Fishermens Colony at the other and sometimes also referred to it as Macchimar Colony. From the materials placed, it is established that Mahim Causeway, Mahim Koliwada, Fishermens Colony and Macchimar Colony are one and the same locality and is locally known and addressed by these names by its residents. Further, this locality is inhabited by the Marathi and Konkani speaking fishermen community. Hence, the names Koliwada and Macchimar mean fishermens colony in Konkani and Marathi respectively.
Deposition of Prosecution Witnesses:
234. Apart from the aforesaid evidence, the involvement and the role of the appellant in the conspiracy, as stated above, is disclosed by the deposition of various prosecution witnesses which are as under:
Deposition of Mohd. Usman Jan Khan (PW-2)
234.1 The relevant material in his evidence is as follows:-
i) He deposed that he knows the appellant as Salim Bazarwala.
ii) He identified the appellant in the court.
(iii) He deposed that the appellant travelled to Pakistan via Dubai.
(iv) He deposed that the appellant was given a fictitious name Imran.
(v) He deposed about the training at Pakistan.
(vi) He deposed that the appellant was present in the conspiratorial meeting.
(vii) He deposed that the appellant was present in the meeting at the residence of Babloo.
(viii) He deposed about the survey of refinery along with the appellant and other co-accused.
(ix) He deposed that the appellant was given a pistol and rounds.
(x) He deposed that the appellant was given the role to move the vehicles in and out of the garage which were filled with RDX.
(xi) He deposed that the appellant along with other co-accused was instructed by Javed Chikna to throw hand grenades at Fishermens Colony, Mahim on 12.03.1993.
The above deposition of the Approver duly corroborates with the confessions of the co-accused as well as the confession made by the appellant.Salim R. Shaikh @ Salim Babu Wrane v. The State of Maharashtra [P. Sathasivam, J.]
Eye witnesses:
Deposition of Laxman Patil (PW-5)
234.2 PW-5 is a resident of the Fishermens Colony. He witnessed the incident while he was waiting on the road.
(i) He deposed that the driver was sitting in the van and the engine was in start condition.
(ii) He identified the appellant in court.
(iii) He identified the appellant in TIP dated 15.05.1993 conducted by Special Executive Magistrate, Moreshwar P. Thakur (PW-469) at Mahim Police Station.
(iv) He also identified the vehicle No. MP-13-D-385 as the car in which the appellant came to Mahim slope in order to throw hand grenades.
Deposition of Santosh Patil (PW-6)
234.3 PW-6 is a resident of Mahim Fishermens Colony and deposed as under:
(i) He deposed that he witnessed the incident while he was waiting near the Municipal School at Mahim Slope and further saw that the driver of the van was calling for the persons lobbing the hand grenades to get into the car after explosion.
(ii) He identified the appellant in the court.
(iii) He identified the appellant in TIP dated 15.05.1993 conducted by Special Executive Magistrate (PW-469) at Mahim Police Station.
(iv) He also identified the vehicle No. MP-13-D-385 as the car in which the appellant came to Mahim slope in order to throw hand grenades.
Deposition of Shashikant Shetty (PW 13)
234.4 PW-13 is also an eye-witness and a resident of Mahim Fishermens Colony. He witnessed a part of the incident when he came out after hearing the sound of explosions. His deposition reveals as under:-
(i) He identified the appellant in Court being the driver of the van.
(ii) He also identified the appellant in the identification parade dated 15.05.1993 conducted by Special Executive Magistrate (PW-469) at Mahim police station.
(iii) He also identified the Maruti Van bearing No. MP-D-13-385 in which accused persons came to Mahim Machhimar colony.
(iv) He lodged an FIR in respect of explosions at Mahim Fishermens colony.
235. All the aforesaid eye witnesses to the said incident have consistently deposed that the appellant was driving the van which came to fishermens colony and caused explosions. They have identified the appellant in the court. They further identified the Maruti van bearing number MP-D-13-385 as the vehicle in which the appellant alongwith other co-accused came to the scene of the crime and fled away after lobbing the hand grenades.
Investigation, Recoveries and Reports:
236. The aforesaid eye-witnesses viz., PWs-5, 6 and 13 have duly identified the appellant in the TIP dated 15.05.1993 conducted by Shri Moreshwar Thakur (PW-469) for which memorandum panchnama marked as Exh. 1515 was prepared.
237. On 12.03.1993, Shantaram Gangaram Hire (PW-562), Police Officer, visited the blast site i.e., Fishermens colony at Mahim and prepared spot panchnama in the presence of panch witnesses, viz., Dayaram Timbak Akare and Mahendra Sadanand Mehre. PW-562, in the presence of Tamore (PW-330) and experts collected the articles from the blast site vide Panchnama Exh. No. 1221 which were sent to the Forensic Science Laboratory (FSL) for opinion. The FSL Report Exh. Nos. 1943, 1943-A(i) and 1943-A(ii) proved the remnants to be explosives and part of hand grenades.
238. The deposition of panch witness Sakharam Sathe (PW-35) reveals discovery of a pistol and 48 rounds belonging to the appellant from Zopada in Bainganwadi. The discovery was made at the instance of the appellant who led the police party and the panchas to the place of recovery. Exh. 102 is the panchanama of all the events correctly drawn by A.P.I. Shri Kolekar (PW-526). Article Nos. 38 and 39 are the said pistol and 46 intact cartridges and two empties out of 48 cartridges seized by him on 13.04.1993 from the said hutments at Bainganwadi at Govandi is under the panchanama Exh.102.
Evidence regarding injured victims and deceased
239. It is seen from the records that in July, 1993, Achyut Shamrao Pawal (PW-542), Police Inspector, collected the injury certificates of injured persons, namely, Mr. Gurudutt Agaskar, Ms. Rajashri Agaskar and Ms. Sheetal Keni from Bhaba Hospital which amply prove that they sustained injuries during the blast. Injured Shashikant Shetty (PW-13) and Sheetal Keni (PW-412) also proved to have sustained injuries during the blast. Dr. Wadekar (PW-641) and Dr. Krishna Kumar (PW-640) were the doctors who have proved the injury certificates issued to PW-13 and PW-412 respectively.
240. Gajanan Tare (PW-413) (husband of the deceased Gulab Tare) and Karande (PW-414) (nephew of the deceased Hira Dhondu Sawant) claimants of two bodies, have proved the death of Mrs. Gulab Tare (wife of PW-413) and Smt. Hira Dhondu Sawant (PW 414s aunt) in the said incident. PW-482 and PW-480 have established the cause of death to be the injuries received on 12.03.1993. Achyut Shamrao Pawal (PW-542) also proved the death of 3 persons at Fishermens Colony in the said incident.
Vehicle used for committing the act:
241. It is seen from the materials that the said Maruti Van in which A-13, A-32, A-36, A-39, A-43 and Mehboob Liyaqat Khan (AA) was driven by the appellant to cause blasts at Mahim Fishermens Colony was arranged by Suleman Lakdawala (PW-365) at the behest of Mohd. Shafi Zariwala (AA). This has also been proved by the said witness. Further, the depositions of Kailash Govind Rao Baheti (PW-342) and Shakeel Suleman Hasham (PW-366) are pertinent as it complete the link relating to purchase/arrangement of the said Maruti Van used in the incident.
Deposition of Kailash Govind Rao Baheti (PW-342)
241.1 He deposed as follows:-
On 18.01.1993 I had received a telephone call given by Shakil Hasham from Bombay. Shakil requested me to book one red coloured Maruti Van in the name of Asif Darvesh resident of M.G. Road, Indore and another new Maruti Van of blue colour in the name of Shri Kasam Ahmed residing at Indira Nagar, Ujjain. He also requested me to register both the Maruti Van at Indore and send the same to Bombay. He also told me that the payments of the same would be made at Bombay to the driver. I quoted a price of Rs.1,69,000/- per vehicle inclusive of registration and transport charges. I was having red coloured Maruti Van brought by me from M/s Bhatia & Company, Gurgaon, Haryana and blue coloured Maruti Van brought from Vipul Motors, Faridabad, Haryana, in my stock. I had brought both the said vehicles by making advance payment. After receipt of booking from Shakil Hasham for red and blue coloured brand new Maruti Vans, I informed the details of the purchasers to M/s Bhatia Company and M/s Vipul Motors. After receipt of the said letters and bills from both the said companies in the name of purchasers who wanted red and blue Maruti Vans I sent papers of both the Vans for registration to RTO. The blue coloured Maruti Van was registered in the name of Kasam Ahmed at Ujjain RTO. The blue coloured Maruti Van could not be registered at Indore due to lack of E-Form necessary for registration. Thereafter, I sent both the said Vans to Bombay to Shakil Hasham. Shakil Hasham received the delivery and paid Rs.3,38,000/- to my drivers. My drivers gave the said amount to me. I made the necessary entries in my office record for sending the said Vans to Bombay to Shakil Hasham after purchasing the same for the parties told by him. The RTO Authority at Ujjain had given registration Number MP-13-D-0385 to blue coloured Maruti Van. Today I am not remembering the engine number and chassis number of the said Maruti Van.
Deposition of Shakeel Suleman Hasham (PW-366)
241.2 In his deposition, he deposed that he had asked PW-342 to arrange for two Maruti Vans (red and blue colour) in February, 1993. Both the vans were purchased in Madhya Pradesh and the blue Maruti Van was registered in Ujjain with the registration number MP-13-D-0385. PW-366 further deposed as under:
In the same month (February 1993) I had also arranged for one blue colour and another red colour Maruti Vans also registered at Madhya Pradesh for Suleman Lakdawala. The said vehicles were registered at Madhya Pradesh Indore in the name of the purchasers given to me by Suleman Lakdawala. I had given the work of registration to one Kailash baheti of Indore. Both the said vans were insured by Insurance Agent Rakesh Tiwari before giving the same to Suleman Lakdawala. Both the said vehicles had arrived from Indore. I had sent the same to the Petrol pump of Suleman and asked him to take the delivery from the said drivers who had brought the delivery of the said vehicles. Accordingly he took the delivery by making payment to the drivers.
241.3 It is relevant to note that this number and the said blue Maruti Van has been identified by PWs-5, 6 and 13 in their depositions as the vehicle which was involved in the said incident at Fishermens Colony. Thus, PW- 342, therefore, corroborates the deposition of PW-366 in that both the Vans were purchased in Madhya Pradesh and the blue Maruti Van was registered in Ujjain and was given registration number bearing MP-13-D-0385.
242. Further, the deposition of Mukhtar Ahmed (PW-281) reveals that the cavity was prepared by him in the said Maruti Van at the behest of Mohd. Shafi Zariwala (AA). This further corroborates the fact that it is the same vehicle which was used in the Mahim Causeway incident.
Evidence of travel to Dubai for training at Pakistan:
Deposition of Asmita Ashish Bhosale (PW-215)
243. PW-215, an Immigration Officer, proved the Embarkation Card (X-315) (Box no. 18) that was submitted at Sahar Airport on 11.02.1993 concerning the departure of the appellant who was flying to Dubai. The relevant entries have been marked as Exh. Nos. 964, 964-A, 964-A(1) and 964-A(2).
Deposition of Dadasaheb Godse (PW-238)
243.1 PW-238, an Immigration Officer proved the arrival of the appellant to Bombay from Dubai on 03.03.1993. The relevant endorsements on the Disembarkation Card (X-394) (Box no. 18) have been marked as Exh. Nos. 1042-A(1) and 1042-A(2) colly.
244. The above depositions further corroborate with the confession made by the appellant that he had been to Dubai on 11.02.1993 and had returned to Bombay on 03.03.1993.
245. In view of the above, it can safely be inferred that the appellant had acquired skill for commission of terrorist acts after the training in handling sophisticated arms and ammunitions at Pakistan. He took oath that he will take revenge for the killing of his aunt during riots and also that he will take revenge from Hindus and will not disclose about the conspiracy to anyone. He engaged himself in commission of acts furthering the object of conspiracy which was heinous having scant disregard for human life. The appellant parked the cars in and out of the garages which were filled with RDX and thereby assisted in the preparation of motor vehicle bombs which were planted by other co-conspirators which caused considerable damage to the property and lives of the people. The appellant was also responsible for taking the other co-conspirators to Mahim Fishermens Colony for commission of terrorist acts and, thereafter, they fled away from that place and he was placed in a commanding capacity.
246. Pursuant to the conspiracy, the appellant has actively participated in various conspiratorial acts of planning, training, preparation and execution. The evidence on record clearly proved the charges against the appellant beyond reasonable doubt.
Sentence
247. Regarding sentence, it is seen that the appellant was given full opportunity to put forth his defence on the question of sentence. He filed a statement dated 18.12.2006 on the quantum of sentence (Ex. 3054). All his grievances were duly considered by the Designated Court. In view of our discussion, we fully agree with the conclusion arrived and there is no valid reason for interference. Consequently, the appeal fails and is liable to be dismissed.
