State of Maharashtra Vs. Khalil Ahmed
EmailAppeal: Criminal Appeal No. 1035 of 2012
Petitioner: State of Maharashtra
Respondent: Khalil Ahmed
Apeal: Criminal Appeal No. 1035 of 2012
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 – In own confessional statement, admitting facilitating landing and transportation of contraband – Arms recovered from his residence – His statement corroborated by statements of A.14, A.17, A.25, A.27, A.61 and A.62 and depositions of witnesses – Conviction under Section 3(3) of TADA – Designated Court acquitting him of the charge of larger conspiracy. Applying parameters for entertaining appeal against acquittal, held, sufficient punishment has been awarded. No interference needed.
Terrorist and Disruptive Activities (Prevention) Act, 1987
Section 3(3) – Bombay blast case – In own confessional statement, admitting facilitating landing and transportation of contraband – Arms recovered from his residence – His statement corroborated by statements of A.14, A.17, A.25, A.27, A.61 and A.62 and depositions of witnesses – Conviction under Section 3(3) of TADA – Designated Court acquitting him of the charge of larger conspiracy. Applying parameters for entertaining appeal against acquittal, held, sufficient punishment has been awarded. No interference needed.
Held:
The parameters laid down by this court in entertaining the appeal against the order of acquittal have to be applied. (Para 490)
As the respondent has been awarded sufficient punishment under different heads of Section 3(3) and 6 TADA, and the said offences themselves are a part of the conspiracy, and the learned Designated Court has divided the conspiracy into various components, considering the present case, where the accused were either involved in participating in various conspiratorial meetings, receiving training in the handling of arms, their active participation in the throwing of bombs or parking of vehicles fitted with explosives, or where the accused persons participated only in the landing and transportation of contraband, but were not aware of the contents of the said contraband, and further, another category where the accused had knowledge of the contents of the contraband, but did not participate either in the conspiratorial meetings held, or in any actual incident of any terrorist activity, and has awarded different punishments accordingly, we do not see any cogent reason to allow the said appeal. The appeal is hence, dismissed. (Para 491)
JUDGEMENT:
486. The respondent in this appeal stood acquitted of the charge of conspiracy. Hence, the State preferred this appeal.
487. Shri Mukul Gupta, learned senior counsel appearing for the appellant-State has submitted that the evidence against him has been his own confession, wherein he had admitted his role in the facilitation of the landing and transportation of contraband goods from Shekhadi, alongwith Tiger Memon (AA) and his associates. The said contraband was transported by Tiger Memon (AA) into Bombay, and further, the aforesaid arms were recovered from his residence. The confessional statement of the respondent has been corroborated by the confessional statements of Dawood Taklya (A- 14), Sharif Abdul Gafoor Parkar @ Dadabhai (A-17), Muzammil Umar Kadri (A-25), Rashid Umar Alware (A-27), Sajjad Alam @ Iqbal Abdul Hakim Nazire (A-61) and Tulsiram Dhondu Surve (A-62). The deposition of Prakash D. Pawar (PW-185) who recorded his confession, Harish Chandra Surve (PW-108), an employee of the Wangni Tower, Vijay Govind More (PW-137), an employee of the Wangni Tower, Waman Kulkarni (PW-662) and Hari Pawar (PW-596) also corroborated his confession. Hence, the respondent ought to have been convicted for the charge of conspiracy.
488. Shri Mushtaq Ahmad, learned counsel appearing for the respondent has opposed the appeal contending that the learned Designated Court has already considered the matter and, following the parameters already laid down by this Court, reached the conclusion that the respondent was not guilty of the first charge. The facts of the case do not warrant interference by this court. Thus, the appeal is liable to be dismissed.
489. The Designated Court after appreciating the entire evidence on record, came to a conclusion as under:
Thus considering material in the confession of A-42 and aforesaid co-accused the same leads to the conclusion of A-42 also being involved in Shekadi landing operation as denoted by said material and as such having committed offence u/s 3(3) of TADA for which he is charged at head 2nd ly clause a. Similarly the same evidence also establishes his involvement in commission of offences for which charge was framed at head 3rd ly and 4th ly on count of himself being in possession of contraband material unauthorisedly i.e. commission of offence under Arms Act and u/s 6 of TADA for which he was charged with. Similarly having regard to the fact that A-14 has chosen him for keeping the 2 revolvers with him and himself having readily kept the same considered in proper perspective also reveals that role played by A-42 was not restricted for Shekadi landing and transportation operation but he was a man of confidence of the prime accused involved in conspiracy and himself was also involved in conspiracy. However, himself having committed relevant acts much prior to Serial Bomb blasts i.e. in the month of February 1993 and there being paucity of evidence to reveal his connection with the same in any manner, himself having not been to Bombay, nor participated in conspiratorial meeting, the acts committed by him were committed at the juncture when even the targets for Serial bomb blast were not fixed lead to the conclusion of himself being party to criminal conspiracy to commit terrorist act punishable u/s 3 (3) of TADA and himself being not party to the entire larger conspiracy for which the charge at head 1st ly was framed against him.
490. The parameters laid down by this court in entertaining the appeal against the order of acquittal have to be applied.
491. As the respondent has been awarded sufficient punishment under different heads of Section 3(3) and 6 TADA, and the said offences themselves are a part of the conspiracy, and the learned Designated Court has divided the conspiracy into various components, considering the present case, where the accused were either involved in participating in various conspiratorial meetings, receiving training in the handling of arms, their active participation in the throwing of bombs or parking of vehicles fitted with explosives, or where the accused persons participated only in the landing and transportation of contraband, but were not aware of the contents of the said contraband, and further, another category where the accused had knowledge of the contents of the contraband, but did not participate either in the conspiratorial meetings held, or in any actual incident of any terrorist activity, and has awarded different punishments accordingly, we do not see any cogent reason to allow the said appeal. The appeal is hence, dismissed.
487. Shri Mukul Gupta, learned senior counsel appearing for the appellant-State has submitted that the evidence against him has been his own confession, wherein he had admitted his role in the facilitation of the landing and transportation of contraband goods from Shekhadi, alongwith Tiger Memon (AA) and his associates. The said contraband was transported by Tiger Memon (AA) into Bombay, and further, the aforesaid arms were recovered from his residence. The confessional statement of the respondent has been corroborated by the confessional statements of Dawood Taklya (A- 14), Sharif Abdul Gafoor Parkar @ Dadabhai (A-17), Muzammil Umar Kadri (A-25), Rashid Umar Alware (A-27), Sajjad Alam @ Iqbal Abdul Hakim Nazire (A-61) and Tulsiram Dhondu Surve (A-62). The deposition of Prakash D. Pawar (PW-185) who recorded his confession, Harish Chandra Surve (PW-108), an employee of the Wangni Tower, Vijay Govind More (PW-137), an employee of the Wangni Tower, Waman Kulkarni (PW-662) and Hari Pawar (PW-596) also corroborated his confession. Hence, the respondent ought to have been convicted for the charge of conspiracy.
488. Shri Mushtaq Ahmad, learned counsel appearing for the respondent has opposed the appeal contending that the learned Designated Court has already considered the matter and, following the parameters already laid down by this Court, reached the conclusion that the respondent was not guilty of the first charge. The facts of the case do not warrant interference by this court. Thus, the appeal is liable to be dismissed.
489. The Designated Court after appreciating the entire evidence on record, came to a conclusion as under:
Thus considering material in the confession of A-42 and aforesaid co-accused the same leads to the conclusion of A-42 also being involved in Shekadi landing operation as denoted by said material and as such having committed offence u/s 3(3) of TADA for which he is charged at head 2nd ly clause a. Similarly the same evidence also establishes his involvement in commission of offences for which charge was framed at head 3rd ly and 4th ly on count of himself being in possession of contraband material unauthorisedly i.e. commission of offence under Arms Act and u/s 6 of TADA for which he was charged with. Similarly having regard to the fact that A-14 has chosen him for keeping the 2 revolvers with him and himself having readily kept the same considered in proper perspective also reveals that role played by A-42 was not restricted for Shekadi landing and transportation operation but he was a man of confidence of the prime accused involved in conspiracy and himself was also involved in conspiracy. However, himself having committed relevant acts much prior to Serial Bomb blasts i.e. in the month of February 1993 and there being paucity of evidence to reveal his connection with the same in any manner, himself having not been to Bombay, nor participated in conspiratorial meeting, the acts committed by him were committed at the juncture when even the targets for Serial bomb blast were not fixed lead to the conclusion of himself being party to criminal conspiracy to commit terrorist act punishable u/s 3 (3) of TADA and himself being not party to the entire larger conspiracy for which the charge at head 1st ly was framed against him.
490. The parameters laid down by this court in entertaining the appeal against the order of acquittal have to be applied.
491. As the respondent has been awarded sufficient punishment under different heads of Section 3(3) and 6 TADA, and the said offences themselves are a part of the conspiracy, and the learned Designated Court has divided the conspiracy into various components, considering the present case, where the accused were either involved in participating in various conspiratorial meetings, receiving training in the handling of arms, their active participation in the throwing of bombs or parking of vehicles fitted with explosives, or where the accused persons participated only in the landing and transportation of contraband, but were not aware of the contents of the said contraband, and further, another category where the accused had knowledge of the contents of the contraband, but did not participate either in the conspiratorial meetings held, or in any actual incident of any terrorist activity, and has awarded different punishments accordingly, we do not see any cogent reason to allow the said appeal. The appeal is hence, dismissed.
