State of Maharashtra Vs. Suleman Kasam Ghavate
EmailAppeal: Criminal Appeal No. 408 of 2011
Petitioner: State of Maharashtra
Respondent: Suleman Kasam Ghavate
Apeal: Criminal Appeal No. 408 of 2011
Judges: P. Sathasivam & B.S. Chauhan, JJ.
Date of Judgment: Mar 21, 2013
Head Note:
CRIMINAL LAWS
Terrorist and Disruptive Activities (Prevention) Act, 1987
Section 3(3) – Bombay Blast case – Involvement of accused – Conviction under Section 3(3) of TADA – Acquittal of the first charge of conspiracy – Appeal for enhancement of punishment – Confessional statement of accused – Though retracted, corroborated by the confessional statements of A11, A12, A28, A17 – Corroboration also from depositions of PW.190, PW.137 and PW.492 – Charges of participating in landing, transportation of contraband for commission of terrorist activities, fully proved – However no further act committed after the transportation – A-18 stopped working for ‘A’ at whose behest he was involved in the work – As no involvement found in acquiring training, attending conspiratorial meetings, etc., not held guilty for commission of offence of main conspiracy. Held, considering the parameters for entertaining appeal against acquittal, no reason to interfere with the judgement. (Para 223)
Terrorist and Disruptive Activities (Prevention) Act, 1987
Section 3(3) – Bombay Blast case – Involvement of accused – Conviction under Section 3(3) of TADA – Acquittal of the first charge of conspiracy – Appeal for enhancement of punishment – Confessional statement of accused – Though retracted, corroborated by the confessional statements of A11, A12, A28, A17 – Corroboration also from depositions of PW.190, PW.137 and PW.492 – Charges of participating in landing, transportation of contraband for commission of terrorist activities, fully proved – However no further act committed after the transportation – A-18 stopped working for ‘A’ at whose behest he was involved in the work – As no involvement found in acquiring training, attending conspiratorial meetings, etc., not held guilty for commission of offence of main conspiracy. Held, considering the parameters for entertaining appeal against acquittal, no reason to interfere with the judgement. (Para 223)
JUDGEMENT:
Dr. B.S. Chauhan, J.
218. This appeal has been preferred against the judgment and order dated 2.8.2007 passed by the Special Judge of the Designated Court under the TADA for Bombay Blast Case No.1 of 1993 by which the respondent has been convicted under Section 3(3) TADA on two counts and awarded rigorous imprisonment for 7 years with a fine of Rs. 25,000/- and in default of payment of fine, to suffer further RI for a period of six months on one count and 7 years rigorous imprisonment under Section 3(3) TADA on the second count. However, he had been acquitted of the first charge of conspiracy.
219. The appeal has basically been filed only for enhancement of punishment, or for conviction of the respondent for main charge of conspiracy. In addition to the first charge, the general charge of conspiracy had been framed for participating in the landing and transportation of contraband at Shekhadi for commission of terrorist activities; for transporting the smuggled contraband, including weapons through his tempo bearing no.MMP-4799 from Shekhadi to Panvel for committing terrorist acts; and further for participating in weapons training at Shekhadi. Out of the said charges, the charge of participation in weapons training at Shekhadi was not proved.
Hence, this appeal.
220. Heard rival submissions made by the counsel for both parties and perused the evidence on record.
221. The evidence against the said respondent has been his own confession which had been retracted and it had been corroborated by the confessional statements of Abdul Gani Ismail Turk (A-11), Parvez Nazir Ahmed Shaikh (A-12), Sayyed Abdul Rehman Shaikh (A-28), Liyakat Ali Habib Khan and Sharif Abdul Gafoor Parkar (A-17). His involvement in the crime has also been corroborated by the deposition of Uttam M. Kale (PW.190) in whose presence the confessional statement of co-accused had been recorded. Deposition of Vijay Govind More (PW.137), a labourer at Wangni Tower and Sanjay Pandey (PW.492) have also supported the case of the prosecution. The Designated Court appreciated the evidence and held as under:-
Thus, considering material in the confession of A- 18 and aforesaid co-accused the same leads to the conclusion of A-18 also being involved in Shekhadi landing operation as denoted by said material and as such having committed offence under Section 3(3) of TADA for which he is charged at head 2ndly clauses a and b to the extent of transportation of contraband material of the said landing effected by him. Similarly, considering the manner in which he had acted in the said episode for furthering the object of conspiracy to commit terrorist act as denoted by said material the same also establishes his involvement in commission of offence of conspiracy to commit terrorist act punishable u/s. 3(3) of TADA.
Now taking up work of determining sentence for A-18 & 28 in light of submission canvassed at Bar, reasoning given during earlier part of judgment and particularly declaration made in consequent to same on 11th of October, 2006 regarding A-18 and 17th Oct., 2006 regarding A-28 reveals that though both of them were charged for commission of offence of conspiracy and for commission of offence under Section 3(3) of TADA i.e. A-18 on 3 sub-counts & A-28 on 2 sub-counts each of them was found guilty for commission of offence only on two sub-counts to the extent as found during the assessment of evidence for commission of offences punishable under Section 3(3) of TADA. Without unnecessarily reiterating every aspect connected with decision arrived accordingly, in short it can be said that both of them are found guilty accordingly mainly due to acts committed by each of them in connection with Shekhadi Landings and/or transportation of contraband goods smuggled by effecting the said landings. The said landing was effected by Tiger Memon on two occasions in month of February, 1993 in which Tiger Memon and his associates at the behest of absconding accused Dawood Ibrahim has smuggled arms, ammunition and explosives and transported same from Shekhadi Coast via Wangni Tower to Bombay.
The evidence surfaced and/or reasoning given thereon earlier also reveal that both A-18 & 28 since earlier had close association with Tiger Memon and were carrying out the work of Drivers for transportation of smuggled goods and in the questioned landing they had transported the contraband goods in a manner as discussed in the earlier part of the judgment. The reasons given earlier in terms reveal the evidence having established that both of them were men of confidence of Tiger Memon. The same also reveals that they were aware and/or had become aware about the nature of the goods which they were transporting and/or had transported. Having regard to the same and having regard to the fact that both of them, even after acquiring the knowledge had not taken any steps revealing that they were against transportation of such a contraband goods, which was arms and ammunition and RDX material and since the act committed by them being in the nature of furthering the object of conspiracy to commit terrorists act, they were held guilty for the offence of a conspiracy to the said extent. Since, evidence has not revealed that both these accused had committed any further acts after the said transportation and/or thereafter A-18 having stopped the work for Anwar at the behest of whom he was involved in the said work and so also both of them being not connected with any of the operation effected for achieving the object of entire conspiracy i.e. both of them being not involved in acquiring the training, attending conspiratorial meetings, in which the targets were selected etc. they could not be held guilty for commission of offence of conspiracy to commit the serial bomb blast etc.
222. The parameters laid down by this court in entertaining the appeal against the order of acquittal have to be applied.
223. We do not see any cogent reason to interfere with the impugned judgment. The appeal lacks merit and is accordingly dismissed.
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218. This appeal has been preferred against the judgment and order dated 2.8.2007 passed by the Special Judge of the Designated Court under the TADA for Bombay Blast Case No.1 of 1993 by which the respondent has been convicted under Section 3(3) TADA on two counts and awarded rigorous imprisonment for 7 years with a fine of Rs. 25,000/- and in default of payment of fine, to suffer further RI for a period of six months on one count and 7 years rigorous imprisonment under Section 3(3) TADA on the second count. However, he had been acquitted of the first charge of conspiracy.
219. The appeal has basically been filed only for enhancement of punishment, or for conviction of the respondent for main charge of conspiracy. In addition to the first charge, the general charge of conspiracy had been framed for participating in the landing and transportation of contraband at Shekhadi for commission of terrorist activities; for transporting the smuggled contraband, including weapons through his tempo bearing no.MMP-4799 from Shekhadi to Panvel for committing terrorist acts; and further for participating in weapons training at Shekhadi. Out of the said charges, the charge of participation in weapons training at Shekhadi was not proved.
Hence, this appeal.
220. Heard rival submissions made by the counsel for both parties and perused the evidence on record.
221. The evidence against the said respondent has been his own confession which had been retracted and it had been corroborated by the confessional statements of Abdul Gani Ismail Turk (A-11), Parvez Nazir Ahmed Shaikh (A-12), Sayyed Abdul Rehman Shaikh (A-28), Liyakat Ali Habib Khan and Sharif Abdul Gafoor Parkar (A-17). His involvement in the crime has also been corroborated by the deposition of Uttam M. Kale (PW.190) in whose presence the confessional statement of co-accused had been recorded. Deposition of Vijay Govind More (PW.137), a labourer at Wangni Tower and Sanjay Pandey (PW.492) have also supported the case of the prosecution. The Designated Court appreciated the evidence and held as under:-
Thus, considering material in the confession of A- 18 and aforesaid co-accused the same leads to the conclusion of A-18 also being involved in Shekhadi landing operation as denoted by said material and as such having committed offence under Section 3(3) of TADA for which he is charged at head 2ndly clauses a and b to the extent of transportation of contraband material of the said landing effected by him. Similarly, considering the manner in which he had acted in the said episode for furthering the object of conspiracy to commit terrorist act as denoted by said material the same also establishes his involvement in commission of offence of conspiracy to commit terrorist act punishable u/s. 3(3) of TADA.
Now taking up work of determining sentence for A-18 & 28 in light of submission canvassed at Bar, reasoning given during earlier part of judgment and particularly declaration made in consequent to same on 11th of October, 2006 regarding A-18 and 17th Oct., 2006 regarding A-28 reveals that though both of them were charged for commission of offence of conspiracy and for commission of offence under Section 3(3) of TADA i.e. A-18 on 3 sub-counts & A-28 on 2 sub-counts each of them was found guilty for commission of offence only on two sub-counts to the extent as found during the assessment of evidence for commission of offences punishable under Section 3(3) of TADA. Without unnecessarily reiterating every aspect connected with decision arrived accordingly, in short it can be said that both of them are found guilty accordingly mainly due to acts committed by each of them in connection with Shekhadi Landings and/or transportation of contraband goods smuggled by effecting the said landings. The said landing was effected by Tiger Memon on two occasions in month of February, 1993 in which Tiger Memon and his associates at the behest of absconding accused Dawood Ibrahim has smuggled arms, ammunition and explosives and transported same from Shekhadi Coast via Wangni Tower to Bombay.
The evidence surfaced and/or reasoning given thereon earlier also reveal that both A-18 & 28 since earlier had close association with Tiger Memon and were carrying out the work of Drivers for transportation of smuggled goods and in the questioned landing they had transported the contraband goods in a manner as discussed in the earlier part of the judgment. The reasons given earlier in terms reveal the evidence having established that both of them were men of confidence of Tiger Memon. The same also reveals that they were aware and/or had become aware about the nature of the goods which they were transporting and/or had transported. Having regard to the same and having regard to the fact that both of them, even after acquiring the knowledge had not taken any steps revealing that they were against transportation of such a contraband goods, which was arms and ammunition and RDX material and since the act committed by them being in the nature of furthering the object of conspiracy to commit terrorists act, they were held guilty for the offence of a conspiracy to the said extent. Since, evidence has not revealed that both these accused had committed any further acts after the said transportation and/or thereafter A-18 having stopped the work for Anwar at the behest of whom he was involved in the said work and so also both of them being not connected with any of the operation effected for achieving the object of entire conspiracy i.e. both of them being not involved in acquiring the training, attending conspiratorial meetings, in which the targets were selected etc. they could not be held guilty for commission of offence of conspiracy to commit the serial bomb blast etc.
222. The parameters laid down by this court in entertaining the appeal against the order of acquittal have to be applied.
223. We do not see any cogent reason to interfere with the impugned judgment. The appeal lacks merit and is accordingly dismissed.
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